HomeMy WebLinkAboutMinutes 82-09-13207
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
September ]3, 198Z
The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday,
September 13, 1982, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Gerald Mullen presiding.
PRESENT:
ABSENT:
Councilmembers Coronado, Partin, Rowan & Mullen
Councilman Lacayo
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and
the following staff members: Barrett, Dalesandro, DeCarlo, Dunn, Lamm, Lowenberg and
Powell.
Mayor Mullen announced that Councilman Lacayo had telephoned to indicate that he had
urgent business and would arrive late.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Coronado led the pledge to the flag.
PRESENTATION: Mr. A1 Witt, District Manager of the Automobile Club of Southern
California, presented Mayor Mullen with a Special Citation plaque for Outstanding Pedestrian
Accident Record which was awarded to the City of Cypress for its record of no pedestrian
fatalities during 1981. Mr. Witt reported that Cypress was in competition with 436 other
U.S. cities in the gS,000 to 50,000 population category and that this was the seventh time
during the past 13 years that Cypress has won the award for its outstanding pedestrian safety
programs.
ORAL COMMUNICATIONS: Mr. Morris Spatz, 4508 Larwin Avenue, Cypress, spoke in regard
to Item t38 on the agenda and reported that, following the August 23 Council meeting, the
Seniors group had received a $300 donation from Mrs. Martha Justice which was sufficient to
cover the cost of printing the senior citizens discount brochure. Mr. Spatz stated the City's
Printing Department would print the brochure.
Councilman Coronado announced that he had to fly out of town on business tonight and had to
leave the meeting at 8:30 p.m.
MINUTES: It was moved by Mayor Mullen, seconded by Councilman Coronado and
unanimously carried to approve the minutes of August Z3.
STAFF REPORTS & DISCUSSION: At the City Manager's request, Mayor Mullen added Item
~20a to the Consent Calendar regarding a proclamation for Constitution Week, and Item
#20b regarding a proclamation for Soroptimist Month.
CONSENT CALENDAR: Mayor Mullen announced that all items listed on the agenda under
"Consent Calendar" were to be considered by the Council as routine and enacted by one
motion approving the recommendations listed on the agenda.
Councilman Coronado requested the removal of Items #11 and 19 from the Consent Calendar;
Councilman Partin requested the removal of Items ~10 and gO.
It was moved by Mayor Mullen and seconded by Councilman Coronado to approve Items ~?
through ~Z0b on the Consent Calendar with the exception of Items ~I0, 11, 19 and 2;0. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNC1LMEMBERS:
Coronado, Partin, Rowan & Mullen
None
Lacayo
Item 4~Z: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #3: Consideration of Application for an Alcoholic Beverage License Filed by Frances
B., Paul N. Jr. and Paul N. Sr. Grieco, D.B.A. Sandwich Galley, 11513 Knott Avenue, Cypress.
Recommendation: Receive and file subject to the Council's approval or disapproval of a
conditional use permit.
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City Council Minutes
September 13, 1982
Item ~4: Consideration of Application for Alcoholic Beverage License Transfer Filed by
Chang Yong and Constance Young Cho, D.B.A. Eddie's Liquor, 5004 Ball Road, Cypress.
Recommendation: Receive and file.
Item ~5: Consideration of Proclaiming October 1982 as Escrow Month.
Recommendation: That the Mayor and City Council officially proclaim the month of October
1982 as "Escrow Month" in the City of Cypress as requested.
Item #6: Consideration of Proclaiming September 19-25, 1982 as Cystic Fibrosis Week.
Recommendation: That the Mayor and City Council officially proclaim the week of
September 19-25, 1982 as "Cystic Fibrosis Week" in the City of Cypress.
Item #7: Consideration of Proclaiming October 1982 as United Way Month.
Recommendation: That the Mayor and City Council officially proclaim the month of October
1982 as "United Way Month" in the City of Cypress as requested.
Item ~8: Consideration of a Resolution of Intention to Approve an Amendment to the
Contract Between the Board of Administration of the Public Employees' Retirement System
and the City Council of the City of Cypress.
Recommendation: That the City Council adopt the Resolution by title only, title as follows:
RESOLUTION NO. 2554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF CYPRESS.
Item 49: Consideration of a Resolution Converting the Disability Retirement of Patricia A.
Harned to an Industrial Disability Retirement.
Recommendation: That the City Council adopt the Resolution by title only, title as follows:
RESOLUTION NO. 2555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
MAKING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR
INDUSTRIAL DISABILITY RETIREMENT.
Item ~IZ: Consideration of Acceptance of Improvements on CerritosAvenue from Walker
Street to 600' East of Valley View Street, AHFP #1053, City of Cypress Project #8013-10-
1053.
Recommendation: That the City Council: (1) approve the contract change from $166,793.50
to $170,519.18; and (2) accept the street improvements on Cerritos Avenue from Walker
Street to 600 feet east of Valley View Street, Project #8013-10-1053, as being satisfactorily
completed in accordance with plans and specifications and authorize the City Clerk to
release the Labor and Material Bond upon expiration of the required lien period, providing no
liens have been filed, and to release the Faithful Performance Bond upon expiration of one
year's guarantee, providing no defects in material and workmanship become evident.
Item ~13: Consideration of Encroachment Permit for Texaco, Inc. to Install Fire Hydrants
within the City's Right-of-Way on Denni Street, Ball Road and Moody Street.
Recommendation: That the City Council approve Texaco's request to install fire hydrants
within the City's right-of-way on Denni Street, Ball Road and Moody Street and grant an
Encroachment Permit for the installation.
Item 414: Consideration of Extension of Left Turn Pocket on Valley View Street South of
Cerritos Avenue.
Recommendation: Receive and file.
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City Council Minutes
September 13, 1982
209
Item ~15: Consideration of Rental Agreement for 9411 Walker Street.
Recommendation: That the City Council approve the rental agreement for 9411 Walker
Street as outlined in the report and authorize the City Manager to execute.
Item /~16: Consideration of Pipeline Easement Across City Property.
Recommendation: That the City Council approve the granting of an easement for pipeline
purposes to the Southern California Water Company and authorize the Mayor and City Clerk
to sign the easement.
Item #17: Consideration of a Communication from the League of California Cities Re:
Shared Housing for Senior Citizens Program.
Recommendation: That the City Council refer the communication regarding shared housing
for senior citizens to the Cypress Senior Citizens Commission.
Item #18: Consideration of Request for Material from the West Orange County Hot Line to
be Included in the Next Cypress Newsletter.
Recommendation: That the City Council approve the request and obtain the public relations
material from the West Orange County Hot Line for consideration to be included in the next
Cypress newsletter.
Item #Z0a: Consideration of Proclaiming September 1Z - 18, 198Z as Constitution Week.
Recommendation: That the Mayor and City Council officially proclaim the week of
September 1Z - 18, 1982, as "Constitution Week" in the City of Cypress as requested.
Item ~Z0b: Consideration of Proclaiming September 198Z as Soroptimist Month.
Recommendation: That the Mayor and City Council officially proclaim the month of
September 1982 as "Soroptimist Month" in the City of Cypress.
In regard to Item ~10, Consideration of Acceptance of Improvements of the Valley View
Street/Orangewood Avenue Intersection Improvements, City of Cypress Project ~8Z09-10,
the City Manager corrected a typographical error and reported the contract change was from
$45,Z$1.50 to $40,530.44. Councilman Partin stated that as aresu]t of moving the traffic
signal, a manhole with an iron cover was left in the street and the cover bangs up and down
and clatters when traffic passes over it. He asked if this was a permanent installation. Mr.
Dalesandro reported that the cover is to a traffic signal wiring box which could not be moved
because of all the wiring and it is a permanent fixture which can accommodate the weight of
traffic. Mayor Mullen requested that future staff reports provide a better explanation of
contract changes and why they were not anticipated at the start of a project.
It was moved by Mayor Mullen and seconded by Councilman Coronado to: (1) approve the
contract change from $45,Z51.50 to $46,530.44; and (Z) accept the street improvements on
Valley View Street/Orangewood Avenue intersection, City of Cypress Project #8Z09-10, as
being satisfactorily completed in accordance with the plans and specifications and authorize
the City Clerk to release the Labor and Material Bond upon expiration of the required lien
period, providing no liens have been filed, and to release the Faithful Performance Bond upon
expiration of one year's guarantee, providing no defects in material and workmanship become
evident. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNC1LMEMBERS: Coronado, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Lacayo
In regard to Item #11, Consideration of Acceptance of Valley View Street Traffic Signal
Modification, City of Cypress Project ~gl12-~0 I-IES L097 (004), Councilman Coronado
expressed concern over the Z0% increase in the contract cost. Staff reported that, because
90% of the project was funded with a Federal grant and. because of the low bid received, the
project was expanded by integrating the Valley View/Orangewood signal improvements to
take advantage of the Federal funding.
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City Council Minutes
September 13, 198Z
It was moved by Councilman Coronado and seconded by Mayor Mullen to: (1) approve the
contract change from $41,160.00 to $49,706.85; and (Z) accept the traffic signal improvement
on Valley View Street, City of Cypress Project ~811Z-50 HES L097 (004) as being
satisfactorily completed in accordance with the plans and authorize the City Clerk to release
the Labcr and Material Bond upon expiration of the required lien period, providing no liens
have been filed, and to release the Faithful Performance Bond upon expiration of one year's
guarantee, providing no defects in material and workmanship become evident. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCIL MEMBERS:
1 COUNCILMEMBERS:
Coronado, Partin, Rowan & Mullen
None
Lacayo
In regard to Item #19, Consideration of Employment List for General Services Aide,
Councilman Coronado inquired about the reasons for the vacancy. Staff reported that the
employee filling this position had decided not to return to work after her maternity leave,
and the position has been temporarily filled since May.
It was moved by Councilman Coronado and seconded by Mayor Mullen to certify the
employment list for the position of General Services Aide as submitted. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Lacayo
In regard to Item #Z0, Consideration of a Report Concerning Bus Stop Location at Eucalyptus
Park, Councilman Partin stated he did not object to moving the bus stop but felt the bus
shelter should continue to be available to children during rainy weather. Mr. Essex stated
staff would communicate this need to the Garden Grove School District.
It was moved by Mayor Mullen and seconded by Councilman Coronado to direct staff to
request the Garden Grove School District to move the Eucalyptus Park bus stop further east
on Orangewood Avenue and to reduce the number of children at that stop by assigning more
children to existing stops on Apia Way. The motion unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCrLMEMBERS: Coronado, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF DONATION FOR PRINTING OF SENIOR CITIZENS DISCOUNT
PROGRAM BOOKLETS: The City Manager presented areport from the Recreation & Park
Director dated September 2 which indicated that Mrs. Justice had made a $300 donation to
the Senior Citizens Commission for printing the discount program booklets. The report
compared outside printing versus in-house printing costs and staff indicated the donation was
sufficient to print 500 copies of a Z0-page booklet.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was
moved by Mayor Mullen and seconded by Councihnan Coronado to accept the donation of
$300 and appropriate the money to Account ~1Z-4151-330.08, and approve 500 copies of the
Senior Citizens Discount Program booklet to be printed in-house (City's print shop). The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Coronado, Partin, Rowan & Mullen
None
Lacayo
CONSIDERATION OF PURCHASE OF USED TRUCKS: The City Manager presented a report
dated September 1 from the Public Works Director who recommended the purchase of a used
dump truck and a used chipper truck. Staff indicated that the used vehicles would result in a
$15,400 savings.
Councilman Partin recommended that the cab interiors be repainted.
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City Council Minutes
September 13, 1982
It was moved by Councilman Partin and seconded by Councilman Coronado to find that it is
in the best interest of the City to suspend the formal bid process as outlined in the staff
report, pursuant to City Code Section 21A-8F, and award the contract for the purchase of
two (2) used trucks to Peck Road Ford Truck Sa]es, Z450 Kella Avenue, Whittier, California,
per their two proposals dated August 30? 1982, in the total amount of $31,600.00; and to
authorize the repainting of the interior truck cabs. The motion unanimously carried by the
fo]lowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCIL, MEMBERS: Lacayo
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by
Mayor Mullen and seconded by Councilman Coronado to approve the Warrant List for
Warrants #72709 through #7zgz6 in the total amount of $418,115.70. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF TOPOGRAPHIC SURVEY OF S%REETS AND ALLEYS IN COUNTY
ANNEXATION ~8Z-1 EAST OF WALKER STREET (ST. ANNE AVENUE, CYPRESS AVENUE~
VONNIE LANE~ DANNY AVENUE AND ALLEY)~ CITY OF CYPRESS PROJECT ~8319-10:
~-h-~ City Manager presented a report from the Public Works Director dated August Z5 which
indicated that, under an agreement between the City and County~ the City will provide funds
for the topographic survey, engineering design~ and inspection and construction
administration; the County will provide $60,000 of eighth year HCD funds and approximately
$410,000 of construction funds in the following years.
It was moved by Mayor Mullen and seconded by Councilman Rowan to: (1) authorize an
appropriation from the fund balance of the General Fund and appropriate $25,500.00 to the
following accounts:
11-4001-432.21 -
ll-4018-43Z.Z1 -
11-4006-432.21 -
11-4114-432.21 -
11-4150-432.21 -
$8,426.00
$600.00
$4,124.00
$50.00
$50.00
11-4189-432.Z1 - $11,900.00
ll-4Z07-43Z.Z1 - $50.00
ll-4Z08-43Z.Z1 - $100.00
ll-4IS1-43Z.Z1 - SZ00.00
(Z) authorize the topographic survey of streets and alleys in County Annexation #8Z-l, east
of Walker Street (St. Anne Avenue, Cypress Avenue, Vonnie Lane, Danny Avenue and alley),
City of Cypress Project #8319-10, and authorize the City Clerk to advertise for bids with
bids to be opened on September 30, 198Z, at Z:00 p.m. in the office of the City Clerk. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Lacayo
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-9 - MINI-
WAREHOUSE STORAGE BUILDINGS~ 4801 LINCOLN AVENUE: Mayor Mullen opened the
public hearing. The City Manager presented a report dated September 8 indicating this
hearing was continued from the July 26 Council meeting.
Mayor Mullen asked if the applicant wished to speak.
Mr. Dwight Harper, representing Public Storage Inc., 990 S. Fair Oaks Avenue, Pasadena,
presented arguments in support of their proposal indicating that their development would
meet Zoning Ordinance criteria including the criteria for granting of the parking variance.
The two prerequisite Zoning Ordinance requirements were that the use will not be harmful to
the public safety, health and welfare or injurious to properties/improvements in the vicinity,
and the property is a suitable location for the proposed use and the use will not conflict with
the purpose of the zone. Mr. Harper reported that the storage facility will not generate
smoke, dust, odors, it will create a light demand on streets and sewers, the two security
managers and computerized security gate system will reduce the need for police services, the
use will provide a good buffer for the residential properties to the north, and the use meets
the purpose of the CH zone since the property is located on a major arterial which is an
appropriate location for a public storage use. Mr. Harper said their project will meet Zoning
Ordinance standards for all setbacks emd required landscaping. Mr. Harper stated the City's
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212
City Council Minutes
September 13, 1982
parking code does not address mini-warehouses which are classified under warehouses and
distribution industries that require more employee parking. He reported Public Storage will
have two employees who are provided parking space inside one of the .warehouse structures
and 1g other parking spaces will be provided on site, eliminating the need for any on-street
parking. He stated traffic volume will be low--under 30 visits per day. Mr. Harper presented
a rendering of the building and reviewed three modifications they propose to the site plan
which included extending the recesses in the front wall to provide more distinct breaks
between the block panels and better tree locations; installing wrought iron gates with block
pilasters at the entry; and installing mounded landscaping to minimize the wall exposure. Mr.
Harper stated they felt their application warranted filing because it was sufficiently
different from the prior U-Haul proposal and because the applicant felt circumstances have
significantly changed over the past two years relating to economics and real estate
development. Mr. Harper reported that the applicant did consider alternate uses for the
property and had engaged the services of Gobar Associates and Ray Wilson Associates to
make an assessment of the mini-warehouse proposal.
Mr. Alfred Gobar of Gobar Associates, Brea, presented his findings on their evaluation of the
site's potential for a shopping center. He reported that, based on population (SZ,000) and
income levels, the market area within a mile and a half radius of the site would support about
],800,000 square feet of retail space; their survey found an inventory of 1~700,000 square
feet in the area and they concluded that the 3.4 acre site could support about 35,000 square
feet of retail development. He reported that it would be difficult to find an anchor tenant,
such as a freestanding outlet or specialty shop, for the entire 35,000 square feet because of a
freestanding outlet's inability to pay high ]and and construction costs and because they are in
demand as anchors for larger centers. He reported their analysis found the most valid
development would be some type of home furnishing center (furniture, appliance, radio, TV
stores) because the City was underbuilt in this area. He stated it would be difficult to build a
home furnishings center large enough to act as a magnet on the small 35,000 square foot
area, and there were further drawbacks since their survey showed similar type stores in
Cypress are getting sales of only 60% of the County average and Cypress, because of its lack
of a commercial center, is losing retail sales to adjacent communities which have better
anchored centers and which offer a broader range of merchandise. Mr. Gobar stated another
factor making the development of shopping centers difficult at this time is the decreasing
trend in taxable retail sales in Orange County largly due to high home interest rates. Mr.
Gobar reported that their analysis also considered strip commercial development on the
property. He stated strip commercial would need restaurants, banks, etc., which are already
built-out in the general area. He stated for the types of uses that have taxable retail sales,
their study found sales per establishment in Cypress at lower than the County average. Mr.
Gobar stated they performed a vacancy survey within a mile and a half radius of the site and
found a 0.1% vacancy rate for retail commercial which was higher than expected. Mr. Gobar
reported they also surveyed the market demand for office development within a mile and a
half radius and found a current vacancy of 35,000 square feet, or a 25% vacancy rate in
existing space, which was extraordinarily high. He reported that 35,000 square feet is under
construction in the same general area and this surplus of office space will hold down rents for
two to three years.
RECESS: Mayor Mullen called a recess at 7:34 p.m. The meeting was called back to order at
7:40 p.m. with Councilman Lacayo absent.
Mr. Gobar stated they felt the subject site would not make a major contribution towards
resolving the City's problem of outflowing commercial trade. He stated a 40-acre site is
needed to develop a well anchored shopping center. He stated their conclusion was that the
property was not a good shopping center site for retail of any type. Mr. Gobar responded to
questions and reported that the population of the trade area would support 130,000 square
feet of various types of restaurant space; he reported that g05,000 square feet already exists
in the site area. He felt that if a specialty type restaurant were developed on the site which
happened to be successful it would take business away from existing restaurants and the net
fiscal benefit to the City would be marginal.
Mr. Raymond Wilson, One West California Building, Pasadena, stated he investigated the
market feasibility of constructing a mini-warehouse on the site on behalf of the applicant and
that his survey found there was a strong demand for additional mini-warehouse space in
Cypress. He reported that the typical mini-warehouse trade area is a 3-5 mile radius from
the site; at present Cypress has less than 1.5 square feet of mini-space per capita compared
to 5 square feet per capita in other parts of the country. Mr. Wilson reported that there are
11 existing facilities within a 5-mile radius providing 2.5 square feet per capita; their
average occupancy is over 98% and rents continually have been increased. Mr. Wilson
indicated that if no new mini-warehouses are built in Cypress, the existing facility on Lincoln
Avenue will have a monopoly and will continue to raise rents. Mr. Wilson stated he
questioned the site's feasibility for commercial development because of its inaccessibility
and because of the high vacancy in commercial space on Lincoln Avenue. He stated his
conclusion was that sufficient demand exists to warrant the building of additional mini-
warehouse space in the City and that this is the highest and best use for the site at present
based on factors mentioned by Mr. Gobar.
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City Council Minutes
September 13, 1982
213
Mr. Harper requested clarification of Conditions #1, 4 and 8. Mayor Mullen suggested that
he consult with staff on these conditions.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the application.
No one wished to speak.
In response to questions from the Council, Mr. Harper stated their estimation of the property
valuation is $Z,480,000.
Councilman Coronado inquired about revenue which this property would generate. Mr. Lamm
stated a mini-warehouse would not generate any retail sales tax. Mr. Gobar felt a
commercial center on the property would generate below average revenue because of the
below average sales volumes for retail establishments in Cypress. He estimated the 35,000
square feet would generate revenue of $6,500 per year. Mr. Gobar felt the net sales tax
revenue would be marginal because business would be taken away from other retail
establishments and because of the high police costs required by a commercial center.
COUNCILMAN LACAYO ARRIVED AT 8:07 P.M.
Councilman Coronado stated he supported staff's recommendation for denial since the City
needs a sound sales tax base and the mini-warehouse proposal would not serve the City's b~st
interests.
It was moved by Councilman Coronado and seconded by Mayor Mullen to deny the application
without prejudice.
Mayor Mullen indicated that he supported commercial development on as much Lincoln
Avenue frontage as possible and that he felt mini-warehouse development was better suited
to the deeper lots of the highway commercial zone. Councilman l~owan stated he would
support the motion but that he would reevalute his position if it was warranted by future
changes in the economy. Councilman Partin stated he felt there was a need for mini-
warehouse storage facilities in the City and that the project would be beneficial He
suggested that the hearing be continued for two weeks and that staff prepare a report
evaluating the fiscal impact of alternative land uses on the property including the existing
use, mini-warehouse proposal, and retail commercial use.
A substitute motion was moved by Councilman Partin and seconded by Councilman Rowan to
continue the public hearing to the September 27 meeting and request staff to prepare the
fiscal analysis of alternative land uses.
Mr. George Liu, 740 Panorama Road, Fullerton, stated he recognizes the Council is
interested in obtaining the best use for the property but the Council should take into account
the present recession. Mr. Liu reported that the Chinese restaurant across the street from
the property has changed hands three times in one year, the lamp store went out of business
and the entire shopping center is for sale. Mr. Liu stated the applicant has the financing to
proceed with the project. He stated a mini-warehouse facility would not be expensive to
construct and perhaps can be a temporary use on the property.
The substitute motion was accepted by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
1 COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
The motion as substituted carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
1 COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
Councilman Coronado requested that the Cable Television item (Item #33) be continued to
the next meeting.
COUNCILMAN CORONADO LEFT THE MEETING AT 8:30 P.M.
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City Council Minutes
September 13, 198Z
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT~ MR.
MICHAEL R. CURRINt 5ZZ5 BRUNSWICK DRIVE~ CYPRESS: Mayor Mullen opened the
public hearing. The City Manager presented a report dated September 8 indicating this
hearing ~vas continued from the August Z3 meeting. Mr. Essex reported that a letter of
opposition was received from Mr. and Mrs. Conner who indicated they strongly oppose the
secondhand operation for the sale of used firearms, felt the nature of the business is
offensive and because it involves traffic it should be in a commercial zone and not a
residential area, and urged the Council to deny the permit. Mr. Essex stated the Council also
received a Mailgram from Ms. Sally Russo indicating she opposed the application. Mayor
Mullen stated he received one phone call from a neighbor of the applicant who strongly
opposes the permit and that Councilman Coronado also received a phone call from another
person who opposes the application.
Mr. Michael Currin, 5ZZ5 Brunswick Drive, Cypress, the applicant, stated he works full-time
as a Deputy Sheriff for Los Angeles County and his gun business is only a part-time activity.
He stated he has a Federal and State firearms license but a secondhand license from the City
is required in the event he wishes to buy and sell used firearms. Mr. Currin stated the
majority of his sales have been to fellow police officers. Mr. Currin stated he has spoken to
his neighbors on both sides and across the street about his application for a secondhand
license and they had no objections. Mr. Currin reported that he does not solicit business by
advertising and that it is all by word of mouth. He reported that Federal law requires
purchasers to drive to his house to pick up the firearms. Mr. Currin stated he does not have
the capital to purchase inventory and if a customer requests a certain weapon or ammunition
then he must order that item. Mr. Currin stated he uses his den as an office and that he has
no repair shop. He reported his Federal firearms license is issued at his residence and it
allows him to purchase anywhere outside or in California but allows him to sell only at his
residence.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the application.
No one wished to speak.
In response to questions from the Council, Mr. Currin reported that he has a valid sales tax
permit and City business license. Mayor Mullen asked how Mr. Currin was issued a business
license. Mr. Essex stated the City cannot deny a business license based on a regulatory
ordinance and that the Business License Ordinance is a revenue producing and not a
regulatory ordinance. He indicated that in applying for the business license, the applicant
was advised of the need for a secondhand permit. Mr. Murphy indicated that a business
license is a receipt evidencing payment of the City's business tax and differs from the
regulatory nature of a special permit to sell secondhand merchandise. Mr. Lamm reported
that Mr. Currin was granted a home occupation permit in June 198Z which is an office permit
only for mail-order purposes and does not allow in-home sales, home deliveries or material
storage such as the stockpiling of weapons and ammunition. Councilman Rowan pointed out
that the State firearms license held by the applicant requires that if he buys a gun for a
purchaser he must hold it for fifteen days before he can make delivery. Mr. Lamm stated
staff was unaware of the l$-day requirement and this requirement would violate the home
occupation permit. Mr. Murphy indicated he would have to investigate the home occupation
permit provisions and determine whether they would allow a person to receive and ship out
merchandise. He indicated he would also research the inconsistencies between the home
occupation permit, State license and special permit provisions.
Mayor Mullen asked whether the Council should determine the validity of the home
occupation permit in view of the protests by neighbors. Mr. Murphy stated the protests were
not directed against the home occupation permit. He indicated the objections were to the
use of the applicant's home for the sale of secondhand firearms.
Mayor Mullen suggested that the public hearing be continued to allow staff to research the
issues which have been raised and that the applicant meet with the staff.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to continue the public
hearing regarding the special permit application submitted by Mr. Michael Currin to the
September Z7 meeting. Mayor Mullen requested that the communications submitted relative
to the application be continued to the September 27 meeting. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Lacayo, Partin, Rowan & Mullen
None
Coronado
-8-
City Council Minutes
September 13, 1982
CONT1NU ATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. A.
BURTON CLEVIDENCE~ D.B.A. GALLOPING GOURMETS~ 700 N. VALLEY~ ANAHEIM,
CALIFORNIA: Mayor Mullen opened the public hearing. The City Manager presented a
report dated September 8 indicating this hearing was continued from the August 23
meeting. According to a report submitted by the Planning Department~ Mr. Essex stated the
applicant lacked a health permit.
Mayor Mullen asked if the applicant was present or if anyone wished to speak in support or in
opposition to granting of the permit. The applicant was not present and no one else wished to
speak.
It was moved by Councilman Lacayo and seconded by Councilman Partin to close the hearing
and deny the application for a special permit submitted by Mr. A. Burton Clevidence on
behalf of Galloping Gourmets. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Lacayo, Partin, Rowan & Mullen
None
Coronado
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. RANDALL D. POZOSz
D.B.A. POZOS BROS. CLEANING SERVICES~ 15652 MONROE STREET, MIDWAY CITY~
CALIFORNIA: Mayor Mullen opened the hearing. The City Manager summarized a report
dated September 7 describing the application to allow door-to-door solicitation for cleaning
and maintenance services. No communications concerning the application were received and
the Police Department's investigation found no basis for protest.
Mr. Randall Pozos, 15652 Monroe Street, Midway City, the applicant, stated he is the sole
proprietor of the business which provides carpet, cabinet, and genera] house cleaning
services.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the application.
No one else wished to speak.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public
hearing and approve the special permit for Mr. Randall D. Pozos on behalf of Pozos Bros.
Cleaning Services, subject to the condition that solicitation shall be limited to Monday
through Saturday, from 9:00 a.m. to 6:00 p.m. (daylight hours only). The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Lacayo, Partin, Rowan & Mullen
None
Coronado
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. MICHAEL I. KENT~
9809 SPRUCE COURT, CYPRESS: Mayor Mullenopened the hearing. The City Manager
presented a report dated September 8 and recommended that the Council receive and file the
application since the applicant had withdrawn his request for a permit to paint house numbers
on curbs.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the hearing and
receive and file the application submitted by Mr. Michael I. Kent. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Lacayo, Partin, Rowan & Mullen
None
Coronado
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #8Z-1Z~ EXERCISE DANCE STUDIO &
NUTRITION CENTER~ 9191 VALLEY VIEW STREET: Mayor Mullen opened the hearing. Mr.
Lamm presented a report dated September 3 describing the application to establish an
exercise dance studio and nutrition counseling center in the Lakeshore Plaza shopping center,
9191 Valley View, located in the PCM Planned Commercial/Light Industrial Zone. No
communications regarding the application were received and staff recommended approval
subject to two conditions. One condition provided that the City Council would approve the
business hours of operation and be able to limit the hours if they determine that the business
is creating noise or parking problems for other shopping center tenants.
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216
City Council Minutes
September 13, 198Z
Mr. Phil Mountz, 80ZZ San Luis Circle, Buena Park, the applicant, reported he intended to
offer a physical conditioning and nutrition counseling program at an affordable price range.
He reported he planned to conduct male and female exercise dance classes for young adults,
adults and persons over 40, utilizing calisthenics, jazz and aerobic type dancing. He reported
the proposed hours of operation were 8:00 a.m. to 8:30 p.m. Monday through Saturday.
Mayor Mullen asked if anyone wished to speak in support or in opposition. No one wished to
speak.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the hearing and
adopt the following Resolution by title only, title as follows, approving Conditional Use
Permit #8Z-12 subject to the two conditions:
RESOLUTION NO. Z556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 8Z-1Z - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Lacayo, Partin, Rowan & Mullen
None
Coronado
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-13) MITSUBISHI MOTOR SALES
OF AMERICA~ INC.~ 6400 KATELLA AVENUE: Mayor Mullen opened the public hearing.
Mr. Lamm summarized a report dated September 3 which described the application to
construct, in two phases, the national corporate facilities for Mitsubishi Motor Sales of
America, Inc. at the southwest corner of Katel]a Avenue and Holder Street in the BP-Z0,000
Business Park Zone. The application includes variances to allow construction of a 56 foot
high office building in Phase I and a 69 1/Z foot high office building in Phase 2, a reduction in
the overall number of required parking spaces, and an increase in the allowable percentage of
compact car parking spaces. Mr. Lamm distributed proposed modifications to four conditions
(#g, 9, 1] and 17) which the applicant had submitted. No communications regarding the
application were received and staff recommended approval of the application and variances,
subject to 29 conditions.
Mr. Shoji Shimizu, architect representing Howard Needles Tammen & Bergendoff, 621 South
Westmoreland, Los Angeles, showed slides of models of tl}e project and described what
construction would occur during Phases 1 and Z. He stated Mitsubishi is very design
conscious and proposes modern, expensive building materials which will be harmonious with
nearby structures. Mr. Shimizu described the landscape treatment and building setbacks. He
indicated there will be 35% land coverage at build-out. He indicated the Cypress facility will
accommodate approximately 800 employees, and 100 employees at Mitsubishi's Fountain
Valley office may relocate to Cypress.
Mr. Francis Boykin, 5917 Noumea, Cypress, asked if there would be any windows or openings
on the parts depot building facing the residences to the south which may create noise or
irritation. Mr. Shimizu reported that the only openings on the south side of this building
would be fire emergency access doors which would remain locked except in case of
emergencies. He stated the emergency access was a requirement of the Fire Marshal
Mayor Mullen asked if anyone wished to speak in support or in opposition. No one else wished
to speak.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public
hearing and adopt the Resolution by title only, title as follows, approving Conditional Use
Permit #82-13 subject to the Z9 conditions~ including the modifications to Conditions ~2, 9,
11 and 17 as submitted by the applicant:
RESOLUTION NO. Z557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 82-13 -WlTH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
-10-
City Council Minutes
September 13, 1982
217
CONSIDERATION OF AWARD OF CONTRACT FOR THE COUNCIL, CHAMBER ROOF
REPAIR~ 5275 ORANGE AVENUE~ CYPRESS~ CITY OF CYPRESS PROJECT #8223-90: The
City Manager presented a report from the Public Works Director dated August 31 which
outlined six bids received for the Council Chambers roof repair.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to determine that the
lowest responsible bidder for Project #8223-90 is Armor Roofing Corporation, 1Zll West
Third Street, Santa Aha, California, and award them the contract for the Main Proposal in
the amount of $6,750.00. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCIL,MEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Lacayo, Partin, Rowan&Mullen
None
Coronado
CONSIDERATION OF RECOMMENDATIONS OF TRAFFIC COMMISSION MEETING OF
AUGUST 17~ 1982: The City Manager summarized a report from the Public Works Director
dated September 1 which reviewed actions taken by the Traffic Commission at their August
17 meeting. Two items which did not require Council action were the placement of four
curve warning signs on Evergreen Avenue and the installation of a "Not a Through Street"
sign on the first alley south of Orange Avenue off of Juanita Street.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the
recommendations of the Traffic Commission as outlined in the staff report, adopt the
Resolutions by title only, titles as follows, and order the following Ordinance read. by title
only, title as follows, and approve the first reading of the Ordinance which relates to
decreasing the speed limit on Knott Avenue:
RESOLUTION NO. 2558
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A "NO PARKING" AREA ON HOLDER STREET.
RESOLUTION NO. 2559
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CYPRESS
ESTABLISHING A ONE-WAY STOP AT THE INTERSECTIONS OF AVENIDA
MATEO AT VIA MAJORCA AND ON PASEO DE ORO AT AVENIDA
MONTEREY.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF CYPRESS
REPEALING SECTION 16-86 OF CHAPTER 16 OF THE CODE OF THE CITY
OF CYPRESS~ CALIFORNIA, AND ADDING SECTION 16-86 TO THE CODE
OF THE CITY OF CYPRESS, CALIFORNIA, FOR DECREASING THE STATE
SPEED LIMIT IN CERTAIN AREAS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCIJ~MEMBERS: Coronado
CONSIDERATION OF THE CALIFORNIA NATIONAL GUARD PRESS CONFERENCE HELD
ON AUGUST 25~ 1982: The City Manager presented areport dated September 8 which
transmitted a copy of the statement issued by the National Guard at the press conference
and a copy of the transcript of the June 28 City Council hearing regarding the McDonnell
Douglas Center in Cypress.
Mayor Mullen reported that, according to a letter he received from General Schober, the
National Guard and McDonnell Douglas had met and worked out a compromise. Councilman
Rowan stated that he had requested the transcript of the June 28 public hearing due to
statements made at the press conference by National Guard personnel. Councilmembers
Rowan and Mullen pointed out instances where data presented at the press conference
conflicted with testimony given by Col. Ghormley at the public hearing. Councilman Rowan
stated the Council had received a letter dated September 9 from the FAA in Washington,
submitted in response to Col. Ghormley's appeal, which affirmed the FAA's prior
determination that the McDonnell building would constitute no hazard to air navigation.
-11-
218
City Council Minutes
September 13, 1987,
It was moved by Councilman Rowan and seconded by Mayor Mullen to receive and file the
report. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacay% Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
CONSIDERATION OF CABLE TELEVISION JOINT VENTURE FEASIBILITY AND DRAFT
REQUEST FOR PROPOSALS: The City Manager presented areport regarding this matter
dated September 3.
It was moved by Councilman Lacayo, seconded by Mayor Mullen and unanimously carried to
continue this item to the September Z7 meeting.
CONSIDERATION OF PLACEMENT OF DONATED SCULPTURES: Mr. Essex presented a
report from the Recreation & Park Director dated September 7 which outlined the
recommendations of the Recreation & Community Services Commission for placement of the
three sculptures. Mr. Essex expressed his concerns regarding the compatibility of the large
sculpture with the Civic Center building design and landscaping. Mr. DeCarlo reported that
the Commission had considered placing the large sculpture at the Cultural Arts Center but
had concerns about the short-term lease of the Oxford facilities since they wanted a
permanent site for the sculpture.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was
moved by Mayor Mullen and seconded by Councilman Lacayo to approve placement of the
sculptures as follows: the large work -in front of the Cultural Arts Center facing Orange
Avenue; the tall work - at the Community Center against entrance wall at Youth Center
facing the entrance to Community Center; and the small work - to be a touring piece
scheduled into public buildings, schools, etc., through the Cultural Arts Supervisor, and to
approve placement of the large sculpture at the Cultural Arts Center subject to confirmation
from the Anaheim Union High School District that the sculpture will be removable at the
expiration of the City's lease.
Mr. George Hallak, 5452 Marion, Cypress, stated the Commission had a concern relative to
removing the large sculpture from the Cultural Arts Center site when the City's lease of
Oxford expires. He stated he favored the Commission's recommendations.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
ORAL COMMUNICATIONS: CouncilmanLacayo requested that staff prepare a report for
the next meeting explaining the signing criteria for the Neighborhood Watch Program. He
reported that he attended a Wat,-h meeting on Alderbury Street and that the neighborhood is
close to 75% m~mb{~rship and would like Neighborhood Watch signs. CouncilmanLacayo also
requested that staff prepare a re, port rcgardingpolicies and procedures for police
dispat chefs.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 9:58 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK'OF'THE CITY OF CYPRESS
-1Z-