Minutes 88-11-14
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 14, 1988
The regular meeting of the Cypress City Council was called to order at 5:38
p.m. on Monday, November 14, 1988, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Margaret Arnold presiding.
PRESENT: Councilmembers Davis, Kanel, Mullen and Arnold
ABSENT: Councilmembers Coronado
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley and Hurst.
ORAL COMMUNICATIONS: For Matters on 5:30 p.m. Agenda. None were presented.
STUDY SESSION: Ms. Penny Brown was in attendance representing the Cypress
High School's Grad-Night Committee with a video tape which was unable to be
shown this evening. Ms. Brown provided copies of the Committee's proposed
budget and it was agreed that the Grad-Night video presentation will be
conducted on December 12, 1988 at the 7:30 p.m. session.
CONSIDERATION OF AWARD OF CONTRACT FOR TWO {2l YEAR CONTRACT FOR DELIVERY OF
PROPANE FUEL. REQUEST FOR QUOTATION NO. 8889-24: Bids were received in the
Purchasing Office for a two (2) year contract for the delivery of propane
fuel.
It was moved by Councilman Mullen and seconded by Councilman Davis to accept
the bid received from Empire Gas, 12600 Western Ave., Garden Grove, CA 92641
as the lowest responsible bidder and award the two (2) year contract for the
delivery of propane fuel to this company at .474 per gallon with a refinery
increase clause not to exceed .02 per gallon per year. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (I) FLAIL MOWER. REQUEST FOR
QUOTATION NO. 8889-25: Four bids were received in the Purchasing Office for
one (1) Flail Mower.
It was moved by Councilman Davis and seconded by Councilman Mullen to accept
the bid received from Western Turf and Commercial, 9525 Sorenson Avenue, Santa
Fe Springs, CA 90670 as the lowest responsible bidder and award the contract
for one (1) flail mower with trade-in to this company in the amount of
$9,303.97. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL TESTING SERVICES IN
CONJUNCTION WITH THE HEATER SCARIFICATION PROJECT ON VARIOUS STREETS. CITY OF
CYPRESS PROJECT NO. 8867-90: Three firms submitted proposals for deflection
and core tests preparatory to street maintenance.
It was moved by Councilman Mullen and seconded by Councilman Kanel to retain
the services of Marvin LaBelle, Inc., 2700 S. Grand, Santa Ana, CA 92705 to
perform the required pavement testing in accordance with the Request for
Proposals, for a fee not to exceed $13,625.00. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AMENDMENT TO ASPHALT CONCRETE MATERIALS PURCHASE CONTRACT:
The City currently has a contract to purchase asphalt concrete products from
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City Council Minutes November 14, 1988
~OJf All American Asphalt Company with a maximum dollar limit of $5.600, which has
been exceeded prior to contract expiration date. Staff recommended that the
amount of the current asphalt contract be raised to $16,400.
It was moved by Councilman Davis and seconded by Councilman Mullen to
authorize staff to increase the maximum limit on the current contract with All
American Asphalt Co.. P.O. Box 2229, Corona, CA 91718 to a maximum of
$16,400.00, which will expire December 8, 1988. The motion unanimously
carried by the follOWing roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be
considered by the City Council to be routine and will be enacted by one motion
approving the recommendations listed on the Agenda.
Councilman Davis requested that Item #12, Consideration of Acceptance of
Business Park Streets and Easements Offered for Dedication by McDonnell
Douglas Corporation. City Project No. 8701-90 and Item #13, Consideration of
Acceptance of Business Park Streets and Easements Offered for Dedication by
Cypress Land Company, City Project NO.8835-90 be removed for further
discussion.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve
the Consent Calendar Items #5 through #24, with the exception of Items #12 and
#13. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Item #5: Motion to Approve Minutes of the Regular Meeting of October 10,
1988, Adjourned Regular Meeting of October 11, 1988, regular Meeting of
October 24, 1988, Adjourned Regular Meeting of November 1, 1988, and the
Adjourned Regular Meeting of November 2, 1988.
Recommendation: That the City Council approve the Minutes of October 10,
1988, October 11, 1988, October 24, 1988, November 1, 1988 and November 2,
1988, as submitted, with Councilman Mullen abstaining on the October 24, 1988
Minutes due to his absence at the meeting.
Item #6: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #7: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Cindy H. & Gia Lee, D.B.A. Omega Liquor, 4346 Lincoln
Avenue, Cypress.
Recommendation: Receive and file.
Item #8: Consideration of Council's Attendance at the Economic Outlook
Conference 1988 on November 17, 1988.
Recommendation: That the City Council authorize the attendance of any
interested Council Member to the Economic Outlook Conference 1988, to be held
on November 17, 1988, at the Disneyland Hotel, and be reimbursed for all
actual and necessary expenses incurred.
Item #9: Consideration of Monthly Investment Program for the Month of
September 1988.
Recommendation: Receive and file.
Item #10: Continuation of Consideration of Traffic Issues on Holder Street
Between Orange Avenue and Ball Road.
Recommendation: That the City Council continue this item to its meeting of
November 28, 1988, directing staff to meet with the City of Buena Park staff
and convey the results of that meeting to the Holder Street residents.
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Item ##11: Consideration of Vacation of Darin Way Cul-de-Sac and Easement for
Walkway, Tree Planting and Public Utility Purposes, City of Cypress Project
No. 8835-90, Amended C.U.P. #81-4.
Reconvnendation: That the City Council adopt the Resolution by title only,
title as follows, declaring its intention to order the vacation of Darin Way
cul-de-sac and five-foot wide easement for walkway, tree planting and public
utility purposes.
RESOLUTION NO. 3461
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS
INTENTION TO ORDER THE VACATION OF THE DARIN WAY CUL-DE-SAC AND FIVE-
FOOT WIDE EASEMENT FOR WALKWAY, TREE PLANTING AND PUBLIC UTILITY
PURPOSES.
Item #14: Consideration of Acceptance of Business Park Streets and Easements
Offered for Dedication by OMA Cypress Properties, City Project No. 8872-90.
Reconvnendation: That the City Council: (1) adopt the Resolution by title
only, title as follows, accepting the offers of dedication as outlined in the
report; and (2) approve the easement deed on file with the City Clerk and
authorize the Mayor to execute and the City Clerk to attest.
RESOLUTION NO. 3462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: CAMDEN DRIVE AND
CORPORATE AVENUE AS SHOWN ON PARCEL MAP NO. 86-323 AND ACCEPTING
DEDICATION TO THE CITY OF CYPRESS: THE 6' WIDE EASEMENTS FOR PUBLIC
UTILITY AND TREE PLANTING PURPOSES, AND THE 30' WIDE EASEMENT FOR
SANITARY SEWER PURPOSES, AS SHOWN ON PARCEL MAP NO. 86-323.
Item #15: Consideration of Acceptance of Business Park Streets and Easements
Offered for Dedications by Warland Investments, Ltd., City Project No. 8872-
90.
Recommendation: That the City Council: (1) adopt the Resolutions by title
only, titles as follows, accepting the offers of dedication as outlined in the
report; and (2) approve the easement deeds on file with the City Clerk and
authorize the Mayor to execute and the City Clerk to attest.
RESOLUTION NO. 3463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE CITY OF CYPRESS OF THE 20-FOOT WIDE EASEMENT FOR
SANITARY SEWER PURPOSES AS SHOWN ON EXHIBIT A OF EASEMENT DEED DATED
SEPTEMBER 12, 1988, BEING A PORTION OF PARCEL 2, PARCEL MAP 79-1147.
RESOLUTION NO. 3464
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: GATEWAY DRIVE AS SHOWN ON
PARCEL MAP NO. 85-425; AND ACCEPTING DEDICATION TO THE CITY OF CYPRESS:
THE 5-FOOT WIDE AND 6-FOOT WIDE EASEMENTS FOR WALKWAY, TREE PLANTING,
AND PUBLIC UTILITY PURPOSES, THE THREE 20-FOOT WIDE EASEMENTS FOR STORM
DRAIN PURPOSES AND THE 20-FOOT WIDE EASEMENT FOR SANITARY SEWER
PURPOSES, AS SHOWN ON PARCEL MAP NO. 85-425.
Item #16: Consideration of Establishing "No Parking" Restrictions on Various
Streets in the Cypress Business Park.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, requiring the placement of "No Parking Any Time" signs on
the Business Park streets named in the report.
RESOLUTION NO. 3465
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING ANY TIME" AREAS ON THE FOLLOWING STREETS: DANA WAY, DARIN WAY,
DANA CIRCLE, GATEWAY DRIVE AND ALLEY, PLAZA DRIVE, MCDONNELL DRIVE,
DOUGLAS DRIVE, CORPORATE AVENUE, CAMDEN DRIVE AND HOPE STREET.
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Item ##17: Consideration of Report on Regulation of Nuisances Caused by
Landscape Blowers.
Recommendation: Receive and file.
Item ##18: Consideration of a Resolution Establishing the City's Appropriation
Limi t.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, establishing the City's appropriation limit at $10,353,090.
RESOLUTION NO. 3466
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING
THE CITY'S APPROPRIATIONS LIMIT FOR THE 1988-89 FISCAL YEAR.
Item ##19: Consideration of Preliminary City Engineer's Report for Cypress
Lighting District No.2 - 1988.
Recommendation: That the City Council adopt the three Resolutions by title
only, titles as follows, which will approve the City Engineer's Preliminary
Report; will give notice of the Council's intention to install and maintain
electric current; and will establish the date, place and time of the required
public hearing as December 12, 1988, in the City Council Chamber, at 7:30 p.m.
RESOLUTION NO. 3467
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE
CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 3459
OF SAI D COUNC I L.
RESOLUTION NO. 3468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET
LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE
INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR
LIGHTING SAID SYSTEM FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 1,
1989 AND ENDING JANUARY 1, 1990.
RESOLUTION NO. 3469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, GIVING NOTICE OF AND APPOINTING A TIME AND
PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT
REFERRED TO IN RESOLUTION OF INTENTION NO. 3468.
Item ##20: Consideration of Employment List - Police Officer Trainee.
Recommendation: That the City Council certify the Employment List for the
position of Police Officer Trainee as submitted.
Item ##21: Consideration of Employment List - Police Officer (Academy
Tra i ned ) .
Recommendation: That the City Council certify the Employment List for the
position of Police Officer (Academy Trained) as submitted.
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Recreation & Park District Matters:
Item ##22: Consideration of Acceptance of Contract for Renovation of the
Multi-Purpose Room at Arnold/Cypress Park, Project No. 8815-90.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District: 1) Accept the
Multi-Purpose Room at Arnold/Cypress Park, City of Cypress Project No. 8815-
90, as being satisfactorily completed; 2) Authorize a transfer of $200.00 from
the fund balance of the General Fund to Account No. 4186-12-501-24; 3) Approve
the final contract price of $4,546.42; and 4) Authorize final payment to
Tucker Construction.
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Item ##23: Consideration of Employment List - Recreation Specialist (Sr.
Citizens/Special Populations).
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, certify the
Employment List for the position of Recreation Specialist (Sr.
Citizens/Special Populations) as submitted.
Item ##24: Consideration of a Resolution Establishing the Cypress Recreation
and Park District's Appropriation Limit.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, establishing the District's
appropriation limit at $1,700,258.
RESOLUTION NO. 162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY,OF CYPRESS, EX OFFICIO
GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE
CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE
1988-890 FISCAL YEAR.
Regarding Consideration of Acceptance of Business Park Streets and Easements
Offered for Dedication by McDonnell Douglas Corporation, City Project No.
8701-90, Councilman Davis asked for clarification because the SDC Plan may
have a street connecting to a street we eliminated sometime back. He Public
Works Director stated that the street connection would be lined up if the
event it went through, but the matter tonight is to accept the stree1 as
public for city maintenance purposes.
It was moved by Councilman Davis and seconded by Councilman Mullen to: ( 1 )
adopt the Resolutions by title only, titles as follows, accepting the offers
of dedication as outlined in the report; and (2) approve the easement deed on
file with the City Clerk and authorize the Mayor to execute and the City Clerk
to attest.
RESOLUTION NO. 3470
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: PLAZA DRIVE, AS SHOWN ON
PARCEL MAP NO. 83-1137.
RESOLUTION NO. 3471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING A
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: DOUGLAS DRIVE, MCDONNELL
DRIVE, AND PLAZA DRIVE, AS SHOWN ON PARCEL MAP NO. 82-1121 AND ON PARCEL
MAP NO. 88-170.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
In regard to the item on Consideration of Acceptance of Business Park Streets
and Easements Offered for dedication by Cypress Land Company, City Project No.
8835-90, Councilman Davis asked for clarification in relation to Item #11.
The Public Works Director explained that a vacation process had to be
accomplished prior to the acceptance of the dedication.
It was moved by Councilman Davis and seconded by Councilman Mullen to: ( 1 )
adopt the Resolutions by title only, titles as follows, accepting the offers
of dedication as outlined in the report; and (2) approve the easement deeds on
file with the City Clerk and authorize the Mayor to execute and the City Clerk
to attest.
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RESOLUTION NO. 3472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: YAMAHA WAY, AS SHOWN ON
PARCEL MAP NO. 79-1104.
RESOLUTION NO. 3473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: DANA WAY AND DARIN WAY AS
SHOWN ON PARCEL MAP NO. 80-1128 AND ACCEPTING DEDICATION TO THE CITY OF
CYPRESS OF THE 15-FOOT EASEMENT FOR STORM DRAIN PURPOSES AS SHOWN ON
PARCEL MAP NO. 80-1128.
RESOLUTION NO. 3474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: DARIN WAY, AS SHOWN ON
PARCEL MAP NO. 80-1160.
RESOLUTION NO. 3475
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: DARIN WAY AND DANA
CIRCLE, EXCEPTING THE MEDIAN ISLAND LANDSCAPE AND IRRIGATION SYSTEMS AS
SHOWN ON PARCEL MAP NO. 84-1176; AND ACCEPTING DEDICATION TO THE CITY OF
CYPRESS OF A 15-FOOT EASEMENT FOR STORM DRAIN PURPOSES.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
ORDINANCES (Second Readinq) & RESOLUTIONS:
It was moved by Councilman Mullen and seconded by Councilman Davis to adopt
the following Resolution by title only, title as follows, approving C.U.P. No.
88-23, with conditions.
RESOLUTION NO. 3476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-23 - WITH CONDITIONS.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
It was moved by Councilman Mullen and seconded by Councilman Davis to adopt
the Resolution by title only, title as follows, approving Parcel Map no. 88-
348 - with conditions.
RESOLUTION NO. 3477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 88-348 - WITH CONDITIONS.
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The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
It was moved by Councilman Mullen and seconded by Councilman Davis to adopt
the Resolution by title only, title as follows, approving Parcel Map no. 88-
301, with conditions.
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RESOLUTION NO. 3478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 88-301 - WITH CONDITIONS.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
The City Attorney distributed an addendum to the final EIR regarding
underground tanks on the property and their removal. It was moved by
Councilman Mullen and seconded by Councilman Kanel to approve the addition of
the addendum to the final Environmental Impact Report (EIR) and adopt the
Resolution by title only, title as follows, certifying the final EIR.
RESOLUTION NO. 3479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF CYPRESS, CALIFORNIA,
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR GENERAL
PLAN AMENDMENT NO. 88-5, ZONE CHANGE NO. 88-7, ADOPTION OF A SPECIFIC
PLAN NO. 88-4, AND APPROVAL OF A DEVELOPMENT AGREEMENT AS COMPLETE AND
ADEQUATE IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
. NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
EXECUTIVE SESSION: Mayor Arnold called for an Executive Session at 6:10 p.m.
to discuss personnel and litigation matters.
Prior to entering into the Executive Session, there was some discussion on the
EIR about changing the total building area figure, the financial number and it
was subsequently determined that the stated numbers were correct in the
Resolution certifying the final EIR to remain as presented with the one
exception of changing "154.99" to "167.92" on page 1, Section l.(a), second
line.
COUNCILMAN CORONADO ARRIVED AT 7:29 P.M.
The meeting reconvened at 7:38 p.m. with all Councilmembers present. Staff
members present were Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Coronado.
The City Manager reviewed the actions taken in the 5:30 session of the City
Council meeting.
The City Attorney summarized the matters discussed in Executive Session which
included pending litigation with Hollywood Park, the Cypress Downs proposal,
including the Development Agreement, and a proposed Settlement Agreement with
Hollywood Park.
PRESENTATION: Mayor Arnold, on behalf of the City of Cypress, received a
Certificate of Achievement for Excellence in Financial Reporting from the
Government Finance Officers Association of the United States and Canada for
the completion of a comprehensive annual financial report.
She presented an Award of Financial Reporting Achievement to Lawrence D.
Hurst, Finance Director, from the Government Finance Officers Association of
the United States and Canada, expressing her appreciation and thanks to Mr.
Hurst.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. None were
presented.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
None were presented.
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CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CYPRESS DOWNS SPECIFIC
PLAN NO.. 88-4: GENERAL PLAN AMENDMENT NO. 88-5: ZONE CHANGE NO. 88-7: AND
CYPRESS DOWNS DEVELOPMENT AGREEMENT NO. 88-1 - PROPERTY SURROUNDING THE LOS
ALAHITOS RACE COURSE: Mayor Arnold declared the public hearing open. The
City Manager noted and corrected a typographical error under Item 29.b., next
to the last sentence, the word "General" should be changed to "Special." The
Planning Director presented the staff report dated November 8, 1988, which
reflected the compilation of additional conditions of approval in the Specific
Plan No. 88-4 for the Cypress Downs project based upon public testimony and
discussions among the Council. She requested that "Exhibit 'A'" of the .~'~
"Cypress Downs Specific Plan No. 88-4, Conditions of Approval, November 14,
1988," be changed to "Exhibit 1."
The City Attorney remarked that, in addition to the staff recommendation, the
first action would be a motion to approve the project subject to a vote of the
people and then consideration of the two Election Resolutions. Responding to
Councilman Kanel, the City Attorney answered that the motion would be to
approve the Cypress Downs project and refer the project approval to a vote of
the people at a Special Municipal Election.
The City Manager noted an additional item was a review from the Traffic
Consultant of the level of service at the intersection of Katella and Valley
View as a result of the reduced density and daily trips. The Traffic
Consultant, Herman Basmaciyan, representing Basmaciyan-Darnell, Inc., remarked
that with the reduced density and the additional mitigation measure, which
would be the addition of a southbound right turn pocket on Valley View Street
on its approach to Katella Avenue, the level of service would be "E" both in
the morning and evening peak hours. Councilman Kanel mentioned that he had
talked to the City Manager about reviewing this matter because of the
reduction of the square feet of building area. Responding to Councilman
Kanel, the Traffic Consultant stated the right turn pocket would store six
vehicles.
The City Manager summarized the issues in the Development Agreement for the
City Council's review regarding use of the church/school property, race track """d,~
improvements and right of ways. He clarified that Parcel 3 of the Development
Plan was corrected and it will be a Mixed Use Business Park. Responding to
Councilman Kanel, the City Manager answered that the race track improvements
will be completed within two years from the date the Development Agreement is
approved. The City Attorney clarified that approval of the Development
Agreement will be a result of voter approval.
After some discussion, the Council heard public testimony specifically
regarding the new information resulting from the change in the Plan and the
recent study on the Agreement between the cities of Cypress and Los Alamitos.
Mr. Glen Pevent, 5052 Kearsarge Avenue, Los Alamitos, remarked that the Los
Alamitos Armed Forces Reserve Center might become a commercial or partially
commercial airport and asked if the traffic study considered this possibility.
The Traffic Consultant responded that the airport issue was not specifically
taken into consideration; however, the overall growth and development of the
area was.
Mr. Donald G. Hudson, 6153 Lawrence Street, Cypress, suggested that this issue
be deferred until the two new Councilmembers take office, allowing them to
make further decisions regarding this development project.
Mr. Steve Oakley, 6323 Anguilla Avenue, Cypress, addressed the areas of
traffic, the critical issue of the Katella Avenue and Valley View Street
intersection, the Transportation System Management (TSM), the lack of
companies in Cypress participating in this program and the impact of
pollutants on the environment. He suggested that the City and the developer
take a part of the proposed development and make a recreation area.
Mr. Bob Rizzie, 6268 Dalca Court, Cypress, expressed his opposition to the
project because of the density and there should be more open space dedicated.
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Mr. Tony Hughes, 4991 Newman Avenue, Cypress, stated the assets had been
mentioned and wondered if there were any drawbacks to the project. He talked
about the lack of ingress and egress to the race track.
Mr. Bob Solheim, 9572 Sonwell Place, Cypress, felt the issue of the additional
cost of street maintenance caused by the increased traffic had not been
adequately addressed and he recommended the Council postpone their decision
until street maintenance costs are considered.
Councilman Davis stated that the updated street maintenance costs will be
provided to Mr. Solheim.
Mr. Michael Bram, 4524 Larwin Avenue, Cypress, commented that the brunt of the
ramifications of the project would be on Los Alamitos and they have agreed to
the plan. He believed it should go to a vote of the people for the decision.
Mr. Wendell Zeller, 5561 Citrus Court, Cypress, proposed that 10,000 residents
pay $10,000 to buy the property and there would be no problem.
Mr. Mike Scully, 9398 Danbury Street, Cypress, asked who would pay the cost of
the Special Election and understood that Measure D stipulates that the
developer will pay.
The City Attorney advised that Measure 0 only requires a vote of the people.
He further advised that when the City Council calls an election, they pay for
it.
The City Manager advised that normally if the City calls an election, they
would pay the costs of that Special Election.
Councilman Coronado stated that if the City calls for an election, they pay
for it. Councilman Kanel said that technically the City is calling the
election because it has to call the election, but it is being urged upon us by
the developer. Mayor Arnold remarked that the entire Council had agreed that
it would be proper that this matter go to an election because it is important
that all the citizens of Cypress have a say.
Ms. Joyce Nicholson, Chairperson of Concerned Citizens, 6045 Jeffrey Mark
Street, Cypress, clarified that Measure 0 does require the developer to pay
for the cost of the election.
Councilman Davis commented that all parties involved have agreed to comply
with the requirements of Measure 0 and if it does require the developer to pay
for the election then I'm sure it will be lived up to otherwise the Council
will address the issue.
Mr. Don Robbins, Hollywood Park Realty Corp., stated that Measure D speaks for
itself, he has read it a number of times and does not believe that it requires
the applicant to pay for the election. He further stated that if there is a
provision in Measure D that requires the proponent to pay the costs, they will
do it and if there is not then it is only fair that the City bear the cost of
the election.
Mr. Jim Watson, SDC, took a position similar to Hollywood Park's and will
comply with the requirements of Measure D. He felt that it would be unfair to
the new Councilmembers to ask them to absorb two years of data and information
and asked the Council to make their decision this evening and responded to
several concerns expressed by the citizens.
There was no further public testimony taken.
It was moved by Councilman Mullen to close the public hearing. After some
discussion, Councilman Mullen withdrew his motion.
Councilman Coronado addressed the Council and audience about his opposition to
the commercialization of property that he thought the people of Cypress wished
him to retain for recreational development. He stated that recently the clear
message has been conveyed to him to cease all further opposition to the
commercialization of the race track property. He met with the principals of
Hollywood Park and requested a decision stay on November 14, 1988 to explore
the possibility of a plan change to include acreage for recreational purposes
and from a monetary point of view, he understood why no concessions could be
made at this late hour and will not fight the issue any longer.
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40tity Council Minutes November 14, 1988
Councilman Kanel spoke on the advisability of making a decision on this matter
prior to a change in Councilmembers and the use of the land for churches and
schools. He mentioned the agreement between the developer and cities of
Cypress and Los Alamitos, how this development impacts Los Alamitos and the
amount of money required from the developer to mitigate the impacts. He
advised that any zone change or plan amendment is subject to a vote of the
people under Measure D. He advised that he is leaning toward approval of the
plan but wanted to listen to additional input from his fellow Councilmembers.
He stated that he is not 100% in favor of the plan, but that it is subject to J!'!'>,,'i.,.~~
the vote of the people. He also wanted to be certain that it was understood
that stables will be no closer to the homes on Cerritos Avenue than they are
now. The City Manager stated that this provision could be added. Counci lman
Kanel advised that this is a very significant vote and that he has mixed
emotions about it and hopes it is the correct vote.
Councilman Davis remarked that the Council has wrestled with this issue for a
long time, a lot of work has been done, there were many comments by many
people that were considered and which have resulted in an improved plan. He
remarked that the applicant spent some time and compromised, there has been
considerable mitigation on the traffic impact, which is his primary concern.
He advised that this is a plan the Council needs to support, it is a question
of whether it is a plan the City can live with and on that basis, he supports
putting this issue on the ballot.
Councilman Mullen expressed his intention to support the plan. He has looked
forward to a time when there would be some development on the race track
property so that we could have something attractive. He advised that it is
important to the people of Cypress that Los Alamitos race track be made into
what has been promised, which is a world class facility. He started out as
supportive of a property rights issue and ;till feels that way; however, we
now have a plan that is going to be benefi ial to the City and we will be
proud of the development.
Mayor Arnold commented that the City has shown great progress in an orderly fl'\'~'
fashion and she is very pleased with that progress. She advised that this
plan has been studied from all the angles that the Council is aware of in
order to make an appropriate decision and after all the extensive study, one
more step will be made and that will be to offer this matter for the vote of
the people. She believed it was a balanced plan, a good plan and that it was
wise to take this amount of time to make the decision. She advised that she
strongly supported the entire plan.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing, approve the Cypress Downs project and refer this project's
approval to a vote of the people at a special municipal election. Said
project to include the following: Gpneral Plan Amendment No. 88-5, Zone
Change No. 88-7, Specific Plan No. 8f:-4 and Development Agreement No. 88-1,
subject to the conditions of approval set forth in both Attachment "C" to the
Resolution certifying the final Environmental Impact Report for the Cypress
Downs Project and in the Resolution establishing conditions of approval for
the Cypress Downs Project adopted on November 14, 1988, including Exhibit 1
thereto.
Councilman Davis requested that the responses asked for by some members of the
audience be provided them tomorrow and the City Manager replied in the
affirmative.
Councilman Coronado advised that he is moving into a neutral position on this
issue so his abstention would not jeopardize the voting. r>.:"~N',
The Planning Director stated an additional condition would read, "If any barns
are relocated, they may not be placed closer to Cerritos Avenue than any
existing barns currently on the subject property."
Councilman Davis mentioned that the southbound right turn lane on Valley View
to Katella be made a part of the motion. The City Manager advised that this
will be included in the traffic mitigation plan that there be a southbound
right turn l~ne on Valley View at Katella. The Public Works Director said
that it could be mentioned that the City will take steps to include the
construction of an additional right turn lane southbound Valley View Street to
westbound Katella Avenue in conformance with the recommendations of the
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Traffic Engineer. Councilman Mullen agreed to include these items in his
motion and Councilman Davis concurred.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt
the three Resolutions by titles only, titles as follows calling a Special
Municipal Election, Requesting Supervisors to Permit the Registrar of Voters
to Render Specific Service to the City of Cypress in the Conduct of a Special
Election, and Establishing the Conditions of Approval for Specific Plan No.
88-4.
RESOLUTION NO. 3480
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALLING A
SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION OF AN INITIATIVE ORDINANCE
MEASURE TO A VOTE OF THE PEOPLE AT A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON FEBRUARY 14, 1989.
RESOLUTION NO. 3481
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF
VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF
CYPRESS, RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON FEBRUARY 14, 1989.
RESOLUTION NO. 3482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE
CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 88-4 FOR TRE CYPRESS DOWNS
PROJECT.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
The City Manager stated there are two other issues that should be considered
at this time in order to finalize all the actions related to calling an
election: the filing of arguments for or against the measure, which would
have to be submitted no later than November 28, 1988; a rebuttal deadline of
December 8; and whether Council desires an impartial analysis prepared by the
City Attorney. Councilman Kanel asked if the decision on these items could be
deferred to the latter part of the evening, the City Attorney concurred and
the Council agreed.
RECESS: Mayor Arnold called a recess at 9:35 p.m. and reconvened the meeting
at 10:05 p.m. with all Councilmembers present.
The City Manager advised that there are two issues the Council must determine
this evening: the filing of the arguments and whether or not the Council
wishes to direct the City Attorney to file an impartial analysis. Councilman
Kanel felt that citizens groups for and against the project should submit
arguments and the Council not participate. Councilman Mullen agreed, but once
it is decided, we lose control over what will be said in those arguments.
Councilman Davis would like a group other than the Councilmembers to write the
argument and to ask citizens' groups if they would be interested in writing
the arguments and the City Attorney write an impartial analysis. Mayor Arnold
concurred with having the citizens groups write the arguments and having an
impartial analysis.
It was moved by Councilman Davis and seconded by Councilman Kanel that the
recognized, organized citizen groups be authorized to write the ballot
arguments for and against, rebuttals for and against and the City Attorney be
11
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404City Council Minutes November 14, 1988
authorized to write an impartial analysis. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-
EXCLUSIVE TAXICAB FRANCHISE - AMERICAN TRANSPORTATION ENTERPRISES. INC. ....,..
(AMTRANS) : The City Manager referred to a letter received from the applicant
asking that their application be withdrawn.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the withdrawal of the application. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONDITIONAL USE PERMIT NO. 88-13 AND PARCEL MAP NO. 88-273.
42-UNIT APARTMENT COMPLEX. INCLUDING 8-UNIT DENSITY BONUS AND COMBINING TWO
PARCELS. 8781 WALKER STREET AND 8774 WATSON STREET: Mayor Arnold opened the
public hearing. The Planning Director presented the staff reported dated
November 8, 1988, which indicated this item was continued from the October 24,
1988 meeting in order to further discuss the density and design of the
project. She also referenced two additional conditions of approval regarding
any gated ingress or egress, which will be Conditions #35 and #36. A Negative
Declaration of the Environmental Impact would be filed for this project if it
is approved this evening.
Councilman Mullen advised that he was not present the last meeting; however,
he did view the tape on this issue and is prepared to enter into the
discussion.
Mr. Kent Boydstun, representing K. C. Chang the property owner, commented that
they have attempted to comply with the requests of the staff, the Council, the
neighborhood and have revised the plan. He urged the Council to vote on this
matter this evening and believed they now have a better designed project than
the one initially presented.
Mayor Arnold asked if anyone wished to speak in favor of the application.
Ms. Susan Ver Steeg, 5352 DeLong Street, Cypress, stated the City and the
developer have addressed the concerns of the residents as realistically as
possible. She expressed her support of the project.
Ms. Carolyn Cowello, 5362 DeLong Street, Cypress, expressed her support of the
project.
Ms. Christine Swain, 5362 Crescent Street, Cypress. stated she was in favor of
the project and the revised plans are quite nice.
Mayor Arnold asked if anyone wished to speak in opposition to the application.
Mr. Barry Cannata, 5331 DeLong Street, Cypress, asked the Council to consider
the zone change petitions for Watson and Delong Streets. He feels there is
too much parking, too high a density and is not in favor of two story -
buildings in a one-story single family residential neighborhood. He would be
in favor of a plan with lesser density and one story buildings.
Mayor Arnold stated that the Council does not have to approve any plan unless
it meets the conditions of approval. She advised the matter of whether or not
we have to comply with the law on a reasonable plan that meets all the
conditions of that particular area that includes density bonus is a
consideration the Council must give to the project.
Councilman Coronado mentioned that the density bonus units have not been
challenged to date because the buildings that have been proposed were not in
problem areas. He stated the Council was exacerbating a bad situation
concerning the parking in the neighborhood.
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City Council Minutes November 14. 1988 405
Councilman Kanel stated perhaps City Administration should write to the owners
of the apartment house and ask them to instruct their tenants not to park
their cars in the street and if they don't do it over a period of time,
possibly some harsher measures can be taken. He mentioned that the density
bonus program was passed by state law, we have adopted the policy and have
approved projects with the density bonus but this is one of the biggest. He
stated he is leaning toward approving the project. Councilman Coronado
advised that his question was when a City recognizes a problem in attempting
to comply with a state regulation, the City should have some right to say the
rule cannot be applied. Councilman Mullen remarked that he believed that the
only alternative a City has in that regard is to lobby the state to change the
law. He further stated he would be very reluctant to penalize a developer
that relied upon the present zoning to come before the Council and then have
the Council change it.
After some discussion, Mayor Arnold asked if anyone else wished to speak in
opposition to the application. No one wished to do so.
Mr. Kent Boydstun urged the Council to act on this matter at this time and the
developer has attempted to comply with the wishes of the neighborhood in
redesigning their project.
Councilman Coronado cautioned that the City must be very careful what is
allowed to be built in the City to avoid overdevelopment, it is a good
development and he will not oppose approval. Councilman Davis asked if some
previously mentioned concerns of the project still existed and the Planning
Director answered that she felt comfortable with the project.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilman Kanel and seconded by Councilman Mullen to certify
the negative declaration in accordance with the requirements of the California
Environmental Quality Act and approve Conditional Use Permit No. 88-13 and
Parcel Map No. 88-273 based on the minimum development standards subject to
the previous conditions in Exhibit "1."
Councilman Davis stated that there is no question that the applicant will
build a good development; however, his concern was overdevelopment, parking
and traffic are problems and on the basis of maintaining consistency of
traffic mitigation throughout the City, he will not support the application.
Councilman Mullen commented that people that own property should be able to
rely on current zoning and the key to traffic and parking problems would be to
consider rezoning the neighborhood, if appropriate.
Councilman Davis responded that one of the things that made this project
possible was the merging of two parcels which creates a larger density.
Councilman Coronado advised that it is a problem lot and there was nothing
else to be done with the property.
Councilman Kanel stated that if the law and zoning are there, all standards
are met and the City turns them down, the courts can order the City to approve
the plan. He said that the problem with this development is the size and we
have been approving smaller developments with the density bonus.
Mayor Arnold remarked that the staff is limited to advising and informing the
applicant of the parameters in order to have an approval from the Council.
She commented that it is the duty of the Council to deal with each issue on
its merits and if the zoning is not acceptable to some, then it is their duty
to come before Council with a presentation for change. She stated that the
data and information on this development has been presented and is the result
of much study on everyone's part and expressed her support of this project.
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City Council Minutes November 14, 1988
406
Councilman Kanel commented that if the parcels are meeting the codes have
some density units, which he favors because it is important to help fellow
citizens into affordable housing.
The Public Works Director asked that the motion include the two new conditions
and Councilman Kanel agreed to include them with Councilman Mullen concurring.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Davis ,....iI'
ABSENT: 0 COUNCILMEMBERS: None
Ms. Christine Swain asked that the Consideration of Public Hearing Re:
Conditional Use Permit No. 88-28, Full Gospel Central Church, Mackay
Elementary School Site, be considered this evening.
Ms. Susan Ver Steeg asked about Zone Change Petitions for Watson Street and
DeLong Street, suggested the Council might consider continuing this matter
until after the first of the year. It was moved by Councilman Mullen and
seconded by Councilman Davis to continue Considerati~n of Zone Change
Petitions for Watson Street and DeLong Street to January 9, 1989. The motion
unanimously carried by the follOWing roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilman Davis and seconded by Councilman Mullen to open the
following public hearing matters and continue them and the other items listed
below to November 28, 1988. Hearing no objection, the Mayor so ordered.
Continuation of Consideration of Public Hearing Re: Tentative Parcel
Map No. 88-267 and Amendment to Specific Plan No. 84-1, Warland/Cypress
Business Park, Southwest Corner of Katella Avenue and Valley View
Street. -
Continuation of Consideration of Public Hearing Re: Conditional Use
Permit No. 88-21, Combined Use Commercial Building, 30-Unit Apartment
Complex, Including 6 Density Bonus Units, 6292 Lincoln Avenue
Consideration of Public Hearing Re: Conditional Use Permit No. 88-26,
Econo Lube 'N Tune, 5491 Cerritos Avenue.
Consideration of Public Hearing Re: Conditional Use Permit No. 88-27,
Restaurant With Beer and Wine, 10953 Meridian Drive, Suite J.
Consideration of Public Hearing Re: Conditional Use Permit No. 88-29,
Cellular Telephone Facility, 5351 Lincoln Avenue.
Continuation of Consideration of City Maintenance Yard Activities
Adjacent to Residential Areas.
Continuation of Consideration of Appointments to the Cypress Recreation
& Community Services Commission.
Continuation of Consideration of Appointments to the Cypress Cultural
Arts Commission.
Continuation of Consideration of Appointment to the Cypress Cable fP',.:_~",.
Television Commission.
Continuation of Consideration of Scheduling an Interview Session for
Appointment to the Cypress Traffic Commission.
Continuation of Consideration of Method of Filling Vacancies on City
Commissions.
Continuation of Consideration of Density Bonus Provisions for Affordable
Housing as Allowed by the City of Cypress Zoning Ordinance Section 9.2
and the State of California Requirements.
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City Council Minutes November 14, 1988 407
Continuation of Consideration of Resolution to Set a Public Hearing for
a Proposed Parcel Merger Ordinance.
Consideration of Amendment of the Cypress Municipal Code Section 13-
70(a) Noise Control, Special Provisions.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-25.
RESTAURANT WITH BEER AND WINE. 10545 VALLEY VIEW STREET: Mayor Arnold opened
the public hearing. The Planning Director summarized the staff report dated
November 4, 1988, which represented a request by Uzushio Corporation to open a
Japanese restaurant with onsite sale of beer and wine. The proposed
restaurant is located in the Cypress Pointe Food Pavilion at 10545 Valley View
Street. In accordance with the California Environmental Quality Act, a
Negative Declaration will be filed for this project. Notices of this public
hearing were posted, published and mailed to the property owners within a 300-
foot radius of the subject property.
A representative of the Uzushio Corporation, 5401 Laurelton Avenue, Garden
Grove, stated they will open their restaurant in February 1989 and invited the
Council to attend.
Mayor Arnold asked if anyone wished to speak in support of or opposition to
the application. No one wished to do so.
It was moved by Councilman Kanel and seconded by Councilman Mullen to close
the public hearing, certify the Negative Declaration as prepared according to
the requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 88-25 subject to conditions. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-28. FULL
GOSPEL CENTRAL CHURCH. MACKAY ELEMENTARY SCHOOL SITE. 8721 CYPRESS AVENUE:
Mayor Arnold declared the public hearing open. The Planning Director recapped
the staff report dated November 4, 1988, which represented a request to
establish a church on a portion of the Mackay Elementary School site at 8721
Cypress Avenue. In accordance with the California Environmental Quality Act,
a Negative Declaration will be filed for this property. Public notices have
been mailed, posted and published in accordance with State law and to date
staff has not received any comments regarding this proposal.
Mayor Arnold asked if anyone wished to speak in support of or opposition to
the project. No one did so.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing, certify the Negative Declaration as prepared according to
the requirements of the California Environmental Quality Act and approve
Conditional use Permit No. 88-28 subject to conditions. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEHBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-30.
TAEKWONDO KADAN MARTIAL ARTS STUDIO. 4770-4772 LINCOLN AVENUE: Mayor Arnold
opened the public hearing. The Planning Director recapped the staff report
dated November 7, 1988, which represented a request to operate a Taekwondo
Kadan Martial Arts Studio within the Summer Place Shopping Center at 4770-4772
Lincoln Avenue. In accordance with the California Environmental Quality Act,
a Notice of Negative Declaration will be filed for this project. Not ices of
this public hearing have been posted, published and mailed to all property
owners within 300 feet of the subject parcel.
Mr. Ferrer, 19604 S. Christina Way, Cerritos, thanked the Council and invited
them to a tentative grand opening date of December 10, 1988.
Mayor Arnold asked if anyone wished to speak in favor or against the
application. No one did so.
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408 City Council Minutes November 14, 1988
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 88-30 subject to conditions. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 88-
2. ESTABLISH NEW ZONING CLASSIFICATION. PBP 25-A PLANNED BUSINESS PARK ZONE:
The public hearing was opened by Mayor Arnold. The Planning Director
presented the staff report dated November 4, 1988, which indicated the purpose
of the proposed Amendment to the Zoning Ordinance is to establish a new zoning
classification. known as PBP-25A, Planned Business Park Zone. This proposal
is not related to any development application and is not intended for any
specific public or private property. A Negative Declaration will be filed for
this project in accordance with the requirements of the California
Environmental Quality Act (CEQA).
Mayor Arnold asked if anyone wished to speak in support of or opposition to
the Amendment to the Zoning Ordinance. No one did so.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and to approve the
first reading of the Ordinance by title only title as follows, establishing a
new zoning classification.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
"APPENDIX I ZONING" OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION ~:~""'f
OF SECTIONS 12.10-0 TO 12.10-8 ESTABLISHING THE PLANNED BUSINESS PARK -
25A ZONE.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF NOMINATIONS FOR APPOINTMENT TO THE ORANGE COUNTY TRANSIT
DISTRICT'S BOARD OF DIRECTORS: Councilman Mullen requested his matter be
discussed on November 14, 1988 since the Orange County City Selection
Committee will be meeting on Thursday, November 17, 1988 to select a successor
for his position, which term expires on June 30, 1991. Councilman Mullen
suggested that our voting member, vote for John Erskine and in the event that
he cannot serve, then support Rhonda McCune.
After some discussion, it was the consensus of the City Council to support
Rhonda McCune and if she cannot serve, then John Erskine.
EXECUTIVE SESSION: Mayor Arnold called an Executive Session at 11:53 p.m. to
discuss Consideration of Police Management Salary Resolution. The meeting
reconvened at 12:15 p.m. with all Councilmembers present.
It was moved by Councilman Davis and seconded by Councilman Kanel to continue ,*,-,-,,,%~
the Police Management Salary Resolution matter to December 12, 1988 The
motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Mullen
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City Council Minutes November 14, 1988 409
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 29210 -
29486: It was moved by Councilman Mullen and seconded by Councilman Kanel to
approve the commercial warrant list for Warrant Nos. 29210 through 29486 in
the amount of $713,394.12. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 12:20 a.m.
OF THE CITY OF CYPRESS
ATTEST:
17