Minutes 89-03-13
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MINUTES OF A SPECIAL AND REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
March 13, 1989
The special meeting of the Cypress City Council was called to order at 3:15
p.m. on Monday, March 13, 1989, in the Administrative Conference Room of the
Cypress City Hall, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem John
Kanel presiding.
PRESENT: Councilmembers Age, Arnold, Kerry and Kanel
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Eynon and Hurst.
EXECUTIVE SESSION: Mayor Pro Tem Kanel called an Executive Session at 3:15
p.m. to discuss matters of personnel and litigation. The meeting reconvened
at 5:17 p.m. with all Councilmembers present.
RECESS: At 5:18 p.m., Mayor Pro Tem Kanel adjourned the meeting to the
Cypress City Council Chambers.
The regular meeting of the Cypress City Council was called to order at 5:35
p.m. on Monday, March 13, 1989, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Pro Tem Kanel presiding, with all
Councilmembers present and staff members Beardsley and Hurst also present.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were
presented.
EXECUTIVE SESSION: Mayor Pro Tem Kanel called for an Executive Session at
5:36 p.m. to discuss matters of personnel and litigation. The meeting
reconvened at 6:58 p.m. with all Councilmembers and staff members Beardsley
and Hurst present.
CONSIDERATION OF RENEWAL OF ANNUAL TRAFFIC PAINT SUPPLIES CONTRACT: The City
Manager presented the staff report dated March 2, 1989, which recommended a
one year contract renewal for traffic paint and reflective spheres with the
present supplier.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
authorize renewal of a traffic paint supplies purchase contract for a one year
period ending March 15, 1990, with Bauer Coatings Division, Whittaker Corp.,
1021 North Mission Road, Los Angeles, CA 90033, for a contract price not to
exceed $17,000. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) CHIPPER TRUCK. REQUEST FOR
QUOTATION 8889-33: The staff report dated March 1, 1989 indicated that nine
bids were received in the Purchasing Office for one (1) Chipper Truck.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to:
1) authorize the transfer of $1539.00 from account 4482-90-656-35 (flail
mower) to account 4366-90-659-35 (chipper truck); 2) reject the bids received
from Western Truck Exchange, Fuller Truck, and GMC Truck as not meeting City
specifications; and 3) award the contract for one (1) chipper truck to L.A.
Freightliner, 1126 E. Washington Ave.. Santa Ana, CA 92702 as the lowest
responsible bidder meeting specifications in the amount of $37,038.32. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes March 13, 1989
CONSIDERATION OF AWARD OF CONTRACT FOR REPLACEMENT OF CIVIC CENTER COOLING
TOWER. CITY OF CYPRESS PROJECT NO. 8932: Th~ City Manager presented the staff
report dated March 1, 1989 which indicated that eight bids had been received
to replace the Civic Center air conditioning cooling tower.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to:
1) concur with the need for a new air conditioning cooling tower for the Civic
Center; 2) authorize a transfer of $12,000 from the fund balance of the
General Fund to Account Number 4186-11-461-24; 3) determirie M.A. Velazquez
General Engineering Contractors to be the -lowest responsible bidder; and 4)
award a contract for the replacement of the Civic Center air conditioning
cooling tower to M. A. Velazquez General Engineering Contractors, 1613
Alaquinas Drive, San Diego, CA 92073 in the amount of $11,390. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
'.; NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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.
Councilmember Age asked for a clarification of the minutes of February 27,
1989; Councilmembers Kanel and Kerry requested Consideration of Issuance of
Special Permits for Address Curb Painting Service be removed for discussion
and Mayor Pro Tem Kanel asked that there be discussion on Residential Refuse
Disposal Rates.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve the Consent Calendar Items #4 through #17, with the exception of Items
#4, 14 and 16. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #5: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #6: Consideration of Monthly Investment Program for the Month of January
1989.
Recommendation: Receive and file
Item #7: Consideration of Proclaiming April 9 - 15, 1989, as "Victim Rights
Week."
Recommendation: That the Mayor and City Council officially proclaim April 9 -
15, 1989, as "Victim Rights Week" in the City of Cypress.
Item #8: Consideration of Proclaiming the Week of April 10, 1989, as "Child
Abuse Prevention Week".
Recommendation: That the Mayor and City Council officially proclaim the week
of April 10, 1989, as "Child Abuse Prevention Week" in the City of Cypress as
requested.
Item #9: Consideration of Employment List - Police Officer (Academy Trained).
Recommendation: That the City Council certify the Employment List for the
position of Police Officer (Academy Trained) as submitted.
Item #10: Consideration of the Comprehensive Annual Financial Report for the
Fiscal Year Ended June 30, 1988.
Recommendation: Receive and file.
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City Council Minutes March 13, 1989
Item #11: Consideration of ,Application for Signal Coordination Projects Under
the Orange County Unified Transportation Trust (OCUTT) Fund Program, City of
Cypress Project 8936-50.
Recommendation: That the City Council adopt the Resol~tion by title only,
title as follows, approving the City's application for the Katella Avenue
signal coordination project, under the Orange County Unified Transportation
Trust (OCUTT) Program, in the amount of $54,000.00, as outlined in the report.
RESOLUTION NO. 3537
.....
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE
ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE
COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE CONSTRUCTION OF A
SIGNAL INTERCONNECT PROJECT ON KATELLA A AVENUE FROM WALKER STREET TO
KNOTT AVENUE.
Item # 12: Consideration of Recommendations of the Traffic Commission Meeting
of February 21, 1989.
Recommendation: That the City Council: 1) Approve the recommendation of the
Traffic Commission and adopt a Resolution by title only, title as follows,
approving the installation of "No Parking Anytime" areas, 50" west and 10"
east of the driveway at 6262 Lincoln Avenue; and 2) Receive and file the
recommendation to install a pedestrian signal at the intersection of Denni
Street and Myra Avenue, pending review of the Public Works Department"s
1989/90 Budget submittals.
RESOLUTION NO. 3538
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING ANYTIME" AREAS ADJACENT TO THE DRIVEWAY AT 6262 LINCOLN AVENUE.
I t em # 13 : Continuation of Consideration of Reestablishment of the City"s
Planning Commission. fI""".....
Recommendation: That the City Council continue this matter to the Council
meeting of April 24, 1989.
Item #15: Consideration of Design Review of Conditional Use Permit No. 88-26,
Econo lube 'N Tune and Tire Store, 5491 Cerritos Avenue.
Recommendation: That the City Council receive and file the Design Review for
Conditional Use Permit No. 88-26, subject to the following conditions: 1) All
conditions of Conditional Use Permit No. 88-26 shall remain valid; and 2) The
green reveals shall be painted "Sand Dune" color, and the green tile shall be
replaced with tan tile. The specific tile shall be approved by the Planning
Department- under Design Review.
Recreation & Park District Matters:
Item #17: Consideration of Senior Citizens Nutrition Transportation Contract.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
transportation contract with the Orange County Consolidated Transportation
Service Agency for the Fiscal Year 1989-90, at a cost of $6,278.00, payable to
OCCTSA for the performance of the contract.
Mayor Pro Tem Kanel noted that June Lambert is to be commended for her fine -..
efforts toward the award-winning Comprehensive Annual Financial Report.
With regard to the minutes of February 27, 1989, Councilmember Age requested
that a transcript of a portion of the discussion on Consideration of
Discussions Regarding a General Plan Update, A Study of the Public and Semi-
Public Zone and the General Redevelopment of the City of Cypress be added to
those minutes for the record. The City Manager suggested that it be noted in
the minutes of February 27, 1989 that there is a transcript of the following
portion on file in the City Clerk"s office and Councilmember Age concurred.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve City Council Minutes of the Special Meeting of February 21, 1989 and
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Clty Councll Mlnutes March 13, 1989 19
Regular Meetlng of February 27, 1989, as amended. The motlon unanlmously
carrled by the followlng roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regardlng the Conslderatlon of Issuance of Speclal Permlts for Address Curb
Palntlng Servlce, the Clty Manager reported that the Councll had establlshed a
pollcy provldlng the grantlng of Speclal Permlts, wlthout a fee, for address
curb palnting to nonproflt youth organlzations. There have been no requests
from nonprofit groups recently and there have been several lnqulrles from
prlvate companles asklng to perform this service. Councllmember Kerry asked
if any effort had been made by the Clty to lnform nonprofit organlzatlons of
thls activlty and asked lf the tlme llmlts could be extended. Mayor Pro Tern
Kanel also asked lf the Clty could sollclt lnterest from nonproflt groups.
It was moved by Councllmember Arnold and seconded by Councllmember Kerry to
extend providlng the lssuance of speclal permlts for address curb palntlng
servlce to nonproflt youth organlzatlons for one year and the clty to notlfy
these nonproflt groups of the existence of thls fund ralsing actlvity. The
motlon unanimously carrled by the followlng roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Conslderation of a Resolution of the City Councll of the clty of
Cypress Relatlng to Residential Refuse Disposal Rates as Authorized by Section
12-6, "Rates", of the Code of the City of Cypress, Mayor Pro Tem Kanel
outllned the varlous reasons the disposal rates were increased, lncluding the
lncreased landflll charges levied by the Orange County Board of Directors. It
was moved by Councllmember Kerry and seconded by Councllmember Age to adopt
the Resolutlon by tltle only, title as follows, increasing the residential
refuse disposal rates by $1.76 per month.
RESOLUTION NO. 3539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO
RESIDENTIAL REFUSE DISPOSAL RATES AS AUTHORIZED BY SECTION 12-6,
"RATES," OF THE CODE OF THE CITY OF CYPRESS.
The motion unanlmously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Readinq) & RESOLUTIONS:
It was moved by Councllmember Age and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows approvlng CUP 88-32.
RESOLUTION NO. 3540
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-32 - WITH CONDITIONS (10 APARTMENT UNITS,
INCLUDING TWO DENSITY BONUS UNITS AT 5462 DELONG STREET).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councllmember Arnold and seconded by Councilmember Kerry to
adopt the Resolution by title only, tltle as follows, approving CUP 89-2.
RESOLUTION NO. 3541
A RESOLUTION OF THE CJTY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 89-2 - WITH CONDITIONS (PET SHOP AND GROOMING
PARLOR, 11761 VALLEY VIEW STREET).
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The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: ARNOLD, KERRY AND KANEL
NOES: 1 COUNCILMEMBERS: AGE
ABSENT: 0 COUNCILMEMBERS: NONE
It was moved by Councilmember Age and seconded by Councilmember Kerry to order
the following Ordinance read by title only, title as follows and to adopt the
Ordinance amending certain sections of the Cypress City Code. ~
ORDINANCE NO. 811
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTIONS 5-2(A)(2), 8-5, 8-6, AND 19-2 OF THE CODE OF THE CITY OF
CYPRESS TO REQUIRE THE IDENTIFICATION OF ALL SUBCONTRACTORS AS A
CONDITION OF BUILDING PERMIT ISSUANCE.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Age to order
the following Ordinance read by title only, title as follows and to adopt the
Ordinance amending certain sections of the City Code.
ORDINANCE NO. 812
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
21A-16 OF THE CODE OF THE CITY OF CYPRESS TO REQUIRE CONTRACTORS ON
CERTAIN PUBLIC WORKS CONTRACTS TO PARTICIPATE IN APPRENTICESHIP AND/OR
TRAINING PROGRAMS.
The motion unanimously carried by the following roll call vote: l'I1"~
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Pro Tem Kanel called a recess at 7:23 p.m. The meeting
reconvened at 7:34 p.m. with all Councilmembers present and staff members
Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg present.
Mayor Pro Tem Kanel announced that William Davis had indicated at the previous
meeting that he would be resigning as Mayor.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age.
PRESENTATIONS:
Mayor Pro Tern Kanel presented Ms. Jo Redmon with a Community Service Plaque
for her years of service on the Recreation & Community Service Commission and
thanked her for her efforts.
The City Clerk administered the loyalty oath and Mayor Pro Tem Kanel presented
a Certificate of Appointment and congratulated the newly-appointed Cultural
Arts Commissioner Jewell Tolkin.
Mayor Pro Tern Kanel presented Certificates of Appointment and congratulated .......
the newly-appointed regular members of the Senior Citizens Commission, Mrs.
Nellie Noe and Mr. George Leibowitz.
The City Manager presented an overview of the Council actions taken during the
5:30 p.m. portion of the Agenda.
The City Attorney summarized the discussions in the Executive Session held
during the Special Meeting regarding pending litigation and school district
negotiations. A second closed session was held at 5:36 p.m. with discussions
on management salaries and the status of litigation regarding the Hollywood
Park matter.
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City Council Minutes March 13, 1989
The City Manager mentioned that he had been requested to attend the School
Board meeting on Tuesday evening to discuss the school issues.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated that a letter
delivered to the News Enterprise was never printed and, for the record, she
wished to thank all of the Cypress citizens who worked so hard on the
election.
Mr. Peter Woodington, 6325 San Andres, Cypress, spoke on the communication
given by Marje Everett at the last Council meeting.
Mayor Pro Tem Kanel asked if the item on Consideration of Letter of
Resignation from Mayor William Davis could be moved forward and discussed
prior to the public hearing.
Mayor Pro Tern Kanel read Mayor Davis' letter of resignation a copy of which is
on file in the City Clerk's office.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
accept Mayor William Davis' letter of resignation and declare that a vacancy
exists on the City Council. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney explained the rules and regulations of filling the City
Council vacancy through the appointment or election processes.
Councilmember Arnold stated that it was important to attempt to make an
appointment to the vacancy rather than conducting a Special Election. She
supported setting a date, having applicants apply and then conducting
interviews.
Councilmember Age concurred, stating the term will last a year and one-half
and the cost of a Special Election runs between $15,000 and $20,000, which
would be borne by the citizens of Cypress. During the application process,
she would like to see a set format.
Councilmember Kerry concurred that the Council should take applications,
interview and try and see if they can't work out an agreeable appointment,
knowing the cost of a special election.
Mayor Pro Tem Kanel agreed with the other Councilmembers and advised that the
City Council should make the attempt to interview people and to find out if
it's possible to fill the fifth seat by appointment.
After some discussion, Mayor Pro Tern Kanel commented that he would like to see
some form of communication from the applicant stating the reasons why they
would like to become a Councilmember.
Councilmember Age asked that deadlines be established. The City Manager
stated that Friday, March 24 at 5:00 p.m. could be the deadline for
applications, which would include a written statement, as well as a completed
application.
After further discussion it was determined that this item will be on the
Agenda for the March 27 meeting to discuss procedures for the interviews,
which will be conducted on March 30.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
immediately notify the press that a vacancy exists on the City Council, that
applications are being taken, with a statement as to why they are seeking the
position, which are to be returned to the City Clerk's office by 5:00 p.m.
Friday, March 24 and to be prepared for interviews on March 30. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes March 13, 1989
CONSIDERATION OF PUBLIC HEARING RE: CYPRESS CORPORATE CENTER DRAFT
ENVIRONMENTAL IMPACT REPORT AND AMENDED SPECIFIC PLAN NO. 88-1 (SOUTHEAST
CORNER OF VALLEY VIEW STREET AND KATELLA AVENUE): The City Manager introduced
a letter addressed to Mayor Pro Tern Kanel received from the City of Los
Alamitos this afternoon, protesting the proposed development, which was read
into the record. The full text of the letter is on file in the City Clerk's
office. Mayor Pro Tern Kanel stated, for the record, that the letter was dated
March 6 which he hadn't received and it is new to him. The City Manager,
stated, for the record, that he was copied on the letter and he had not
received his copy of the letter until today. The Planning Director presented
the staff report dated March 6, 1989, which represented a request for _Ih"n
certification of the Cypress Corporate Center Environmental Impact Report and
approval of the Amended Cypress Corporate Center Specific Plan. The proposed
amendment to the specific plan addresses future development of the remaining
vacant 39.1 acres of the project site. For clarification purposes, there are
some minor amendments to the conditions of approval and, for informational
purposes, there is a packet for the City Council on notices sent in an attempt
to inform the citizens of this project.
Mr. Brian Harvey, General Partner of Cypress Land Company, advised that this
was a continuation of their Development Agreement and he provided a brief
history of the site. He also advised that several community meetings were
held and various suggestions were made by the citizens. He mentioned several
recent changes that would be made: an 87 foot setback from the channel, a
maximum building height of 40 feet south of Phyllis Drive, all truck access
off of Phyllis Drive and a landscaped berm; maximum three to four story
buildings between Katella Avenue and Phyllis Drive with a 175 foot
acceleration and deceleration lane, a 10 car accumulation lane on the approach
from Valley View to Katella and all corners of the property will have 40 feet
of landscaping, with a berm running along Valley View and Katella so the
parked cars cannot be viewed.
Mr. Bob Yamada, Cypress Land Company, responding to Councilmember Age,
explained that So California Water inquired about obtaining an easement for
future well drilling, but it is not a requirement that a well has to be
drilled. -
After further discussion about restaurants, Mr. Harvey stated that he would
like a high quality restaurant at this site.
Mr. Mark Armbruster, representing Cypress Land Company, mentioned there have
been many fruitful meetings with the community and with individual citizens.
Mr. Phil Schwartz, PBR, stated that he had prepared Specific Plan, the
environmental document and the fiscal impact report and volunteered to answer
any questions from Council.
Mayor Pro Tern Kanel asked if anyone wished to speak in support of the project.
Mr. Bob Rizzie, 6268 Dalca Court, Cypress, mentioned the meetings with Cypress
Land Company and discussed all the issues that were brought forth by the
citizens. He complimented Mr. Harvey on the implementation of the suggestions
from the citizens into his plan. He stated overall he thought it was an
excellent plan. He further stated that the citizens did not want retail in
that area and he thought a class restaurant would be acceptable.
Mr. Peter Woodington, 66325 San Andres Avenue, Cypress, congratulated Cypress
Land on the proposed development and asked about the landscaping on the berm.
Ms. Roseanne Snyder, 11384 Tortuga Street, Cypress, complimented Mr. Harvey, p~'~'
expressed pleasure with all his efforts and emphasized that retail is not
wanted at the south end of Cypress.
Mr. Steve Oakley, 6323 Anguilla Avenue, Cypress, emphasized that the concern
of south Cypress was not to have retail, an upscale restaurant would be
fantastic and the traffic impact is a very serious concern.
Mr. Vernon Lowry, 6337 Sombrero Avenue, Cypress, stated that there has been
enough talk and hoped that someone would make a motion shortly to adopt this
plan.
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City Council Minutes March 13, 1989
Mayor Pro Tem Kanel asked if anyone wished to speak in opposition to the
project.
Mr. Larry Emerson, City Planner for the City of Los Alamitos, 3191 Katella
Avenue, Los Alamitos, stated he was directed to come to the Council to
reemphasize consideration of the project's traffic impacts along Katella
Avenue, which they felt would affect the City of Los Alamitos and referenced
the letter from the Mayor of Los Alamitos. He requested that this item be
continued for one month so they could analyze the traffic impacts on Los
Alamitos.
The Planning Director stated, for clarification, that the notice of
preparation was sent out April 29, 1988. Mr. Schwartz advised that even
though the letter from the City of Los Alamitos did arrive after the review
period, it was included in the Environmental Review documents with the
responses provided.
The Public Works Director stated, for the record, that the response to the
City of Los Alamitos' letter is contained in full in the report and no new
information was contained in the letter submitted this evening. The City
Manager clarified that the City has responded to the City of Los Alamitos ,
request even though it was after the review period and the letter received
today did not raise any new issues to be addressed.
No one else wished to speak in opposition.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
certify the Cypress Corporate Center Final Environmental Report, adopting the
Statement of Facts and Findings, and adopting the Statement of Overriding
Considerations, subject to the Conditions of Approval in Exhibit "B", as
amended, and that the City Council adopt a Resolution by title only, title as
follows, approving the Cypress Corporate Center Amended Specific Plan, subject
to the conditions of approval in Exhibit "C", as amended and changed. The
Planning Director clarified that those conditions volunteered by the property
owner would be required to be made in the final document of the Specific Plan
and are incorporated into this motion.
After discussion, Mr. Armbruster stated that they had discussed with members
of the community that Cypress Land Company would not be required to build
20,000 square feet of retail; however, if there was an opportunity to build a
high quality restaurant(s), that the retail would be limited to that use
specifically and he would be allowed to build up to 20,000 square feet of that
type of use.
Councilmember Arnold amended her motion to permit the developer to come before
the Council to request permission to build a restaurant if the opportunity
arises but they are not obligated to do so. Councilmember Kerry wished to
clarify that she will in no way be approving traffic impacted intersections of
possible "F" levels, which is indicated in the EIR and studies. She mentioned
that all of the traffic studies used for this project clearly indicate that it
is based upon the Cypress Downs project being approved; however, on the basis
of the existing business park, this is a desirable project and she is in favor
of it. Councilmember Arnold congratulated Mr. Harvey and Cypress Land Company
on the processes taken to present this proposal to the Council.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Pro Tem called a recess at 9:30 p.m. The meeting reconvened at
9:45 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF DISCUSSIONS REGARDING A GENERAL PLAN UPDATE.
A STUDY OF THE PUBLIC AND SEMI-PUBLIC ZONE, AND THE GENERAL REDEVELOPMENT OF
THE CITY OF CYPRESS: The City Manager summarized the staff report dated March
8, 1989, which indicated that the planning process involved in the updating of
Cypress' General Plan and related documents revolved around the following
three areas: an immediate update to the City's Housing and Land Use Elements;
an in-depth review of special study areas identified by the City Council, the
completion of an overall General Plan update; and finally, the updating of
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City Council Minutes Ma rc h 13, 1989
Cypress' Zoning Ordinance to reflect any changes resulting from the General
Plan updates or the special studies.
Councilmember Arnold expressed concern that the Council consider this study a
General Plan review and not a specific plan for the Los Alamitos Race Track
property.
Responding to Mayor Pro Tem Kanel, the City Attorney advised that the City
cannot do a specific plan that includes zoning for property without the
property owner being involved, which is not the intent.
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Councilmember Arnold stated that it appeared that some people would like a
delay placed on development until after the study was completed. She was not
in favor of a moratorium and asked if that was a possibility. The City
Manager answered that staff had not considered moratoriums as a part of this
study.
After further discussion, Councilmember Age stated that she did not have a
problem with updating the City's General Plan; however, she wanted it kept
within the General Plan and possibly !nto some PS zoned areas because there
are many citizens concerned with property other than the Hollywood Park
property. She clarified that is what she is supporting as far as updating the
City's General Plan.
Councilmember Kerry asked the City Attorney if certain areas could be
prioritized for Council consideration and he answered in the affirmative.
Mayor Pro Tem Kanel advised that all areas were important and he was ready to
ask staff to provide the information that would be in the requests for
proposal.
There ensued further discussion on the possible cost of the study and the
number of firms that might participate. Councilmember Arnold desired a
General Plan review with two options on how it should be conducted:
professionals working with staff and another with emphasis on citizen input
and discussion. """''''~
Mayor Pro Tem Kanel stated he did not want to take a particular piece of
property and detail it.
Councilmember Age commented that it might be well to ask staff to provide the
two options, with a determination on how to proceed asking for a routine
General Plan review along with something in depth.
Councilwoman Arnold clarified that staff would provide a proposal with two
options: one, would be with extensive community involvement in all of these
matters and one would be professionals working with the staff then presenting
a plan to the Council, who, in turn, would present it to the public for input.
Councilmember Kerry stated that not all of the items need public input, use
staff wherever possible and identified those areas which she felt needed
public input.
After further discussion, the City Manager clarified that the proposal would
be comprised of two options: one with the professionals working with staff
for the entire review and the other would be the same thing with the public
input emphasis on the Public/Semi-Public zoning, the County unincorporated
area and Delong Street.
The City Attorney asked that the "Open Space" element be added to the overall
General Plan update. i"I'''*4~\
It was moved by Councilmember Arnold and seconded by Councilmember Age to
direct staff to return with request for proposals for Council's review,
incorporating concepts and special study areas as discussed this evening,
along with the two options. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCIlMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIlMEMBERS: None
ABSENT: 0 COUNCIlMEMBERS: None
RECESS: Mayor Pro Tem Kanel called at recess at 10:50 p.m. and reconvened the
meeting at 10:55 p.m. with all Councilmembers present.
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City Council Minutes March 13, 1989 "25
CONTINUATION OF CONSIDERATION OF TOP MANAGEMENT AND MID-MANAGEMENT SALARIES:
It was suggested by Mayor Pro Tern Kanel to continue this item to the meeting
of March 27, 1989 and hearing no objection, he so ordered.
CONSIDERATION OF APPROVAL OF CUMMERCIAL WARRANT LIST FOR WARRANTS NO. 31214 -
31503: It was moved by Councilmember Age and seconded by Councilmember Kerry
to approve the Warrant List for Warrant Nos. 31214 through 31503 in the amount
of $477,356.21. The motion unanimously carried by the following roll call
vote:
'i.'" AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Recreation & Park District Matters:
CONSIDERATION OF THE CYPRESS RECREATION AND PARK DISTRICT'S UPDATE OF THE
PROGRAM. SERVICE AND FACILITY FEES AND CHARGES STRUCTURE POLICY: The
Recreation and Park Director presented the staff report dated March 3, 1989,
which described an updated and expanded fees and charges structure policy
providing the needed guidelines for consideration of any fee structure for the
District program.
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, adopt the "Program, Service and Facility
Fees and Charges Structure Policy" for use for the Cypress Recreation and Park
District in establishing equitable user fees. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matter~ Not on the Agenda. None were presented.
WRITTEN COMMUNICATIONS: For Mat~ers Not 0n the Agenda. None were presented.
EXECUTIVE SESSION: Mayor Pro Tern Kanel called an Executive Session at 10:59
p.m. The meeting reconvened at 11:08 p.m. with all Councilmembers present.
ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 11:09 p.m.
ATTEST: MAYOR PROfEH~~~
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CITY -CLERK OF Tiff C IT, CYPRESS
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