Minutes 84-03-12097
MINUTES OF A F~GULAR MEETING OF THE
CYPRESS CITY ~OUNCIL HELD
MARCH 12, 1984
The regular meeting of the Cypress City Council was called to order at 7:40 p.m. on
Monday, March 12, 1984, in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Richard Partin presiding.
P~ESENT: Council M~nbers Coronado, Kanel, Lacayo, Mullen and Mayor Partin
ABSENT: None
Also present were Darrell Essex, City Manager; John Murphy, City Attorney, and the
following staff members: Barrett, Dalesardro, Dunn, Evans, Eynon, Hurst and
Lowenberg.
PLEDGE OF ALLEGIANCE: Mr. Essex led the Pledge to the flag.
ORAL Cf~4~D/XrfCATIONS: Mayor Partin asked if anyone wished to speak in regard to
any matter not on the agenda.
Mr. Essex requested that confirmation of a joint meeting schedule setting the
times of various City corffaission meetings with the Council be added to the agenda
as Item #23 and also that an Executive Session be held for purposes of personnel
and litigation.
Councilman Lacayo requested that a report on the Cypress Industrial Park develop-
ment be presented by the Planning Director as Item #24.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL I~E PE~4IT NO.
84-5 AND PARCEL MAP NO. 84-1109 (TAI~GET STORE, NOiTi/qWEST CO95[ER OF KAq~T.LA AVENUE.
AND KNOST STIlE'f). Mr. Essex read a cu,,anication addressed to the Council, signed
by three residents of property located to the north of the proposed project,
requesting that this matter be continued because they had not had adequate time
to assess the impact of this develot~nent upon their property and also indicating
that many property owners within 300 feet of this proposed business complex had
not been notified of application for the Conditional Use Permit and the time of
public hearing. The letter further indicated that a petition was attached; however,
Mr. Essex indicated that such petition had not been included.
Ms. Eynon presented the staff report dated March 2, 1984, and stated that this
hearing had been advertised twice and legal notice had been mailed to all property
owners within a 300-foot radius as certified by a title insurance company, using
the mailing labels supplied by that company.
Mayor Partin then asked the Target Store representative to spoak on behalf of the
application.
Mr. Emmett Atborghetti indicated that he was present to answer any questions and
that the corporation which owns and operates Target Stores would work with both
the staff and the surrounding residents to alleviate their concerns regarding any
negative impact this construction might have upon the quality of their lives and
to mitigate any problems that might arise frcra the operation of a retail store
at this location.
Mayor Partin then asked for testimony frcm those in the audience who are in favor
of this application.
Mr. George Boscon, President of the Cypress Chamber of Cc~raerce, stated that he
believes this would be a beneficial project in respect to the sales tax revenue
that would accrue to the City and stressed that the ccmpany which owns Target
Stores had already demonstrated its concern for con, unity well-being in the opera-
tion of another retail department store it presently owns in Cypress.
Mayor Partin requested discussion from those present in opposition to approval
of this application.
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~a~¢h !2, 1984
Mr. Jim Hayes, Stanton City Council Member, presented the petition signed by
residents to the north of this project, requesting a tw~-week continuance of
the public hearing. He stated that many residents wore not mailed notices
regarding this matter, and that all of these properties are located in the
City of Stanton.
Upon review by the City Attorney, it was announced that this petition could not
be accepted in its present form since it was not accompanied by the affidavits
required by the City of Cypress. It was returned to Mr. Hayes for the purpose
of obtaining this necessary docum~ntation.
Mr. Sal Sapien, 6840 Via Kanella; Mr. Henry Kantrowitz, 6801 Via Irana; Mr.
Wayne Holden, 10862 Knott Avenue, Cone Kraft, 6930 Via Kanella; Lonnie Breedlove,
10830 Via Jacara; Patricia Akers, 10800 Via Jacara; Tc~ Sievers, 6940 Via Kanella;
Donna Bishop, 6750 Via Irana; Donald Williams 6970 Via Kanella; Ken Schroeder,
6850 Via Irana; ar~ Mayor Marshott,City of Stanton, 7800 Katella, all spoke in
opposition to this project because of the potential probl~ns of noise, increased
traffic, possible increased criminal activity and especially residential burglaries,
rodent infestation during construction, decreased property values and a negative
in~oact on the quality of life in the adjacent con~ty. Many of those present
indicated that they had not received notice of hearing regarding this matter
although they owned property within the 300-foot radius which required legal
notification.
Mr. Alborghetti stated that his company would enter into discussions regarding
the concerns of the community, and that this meeting could be held during the
next week with a cor~mittee of citizens and elected officials from Stanton; hc~ever,
he stated that it would be necessary for a decision robe made regazding approval
of this project as soon as possible in order to all, his company adequate time
to exercise the option for purchase of the land, which will expire at the end
of March andmight notbe renewable pest that time.
Ail members of the Council expressed their concern for the problems presented by
the Stanton residents ar~ stated their encourag~nent of a viable solution being
reac~through negotiation and cooperation at the meeting to be held with the
representative of Target Stores.
After considerable discussion by the Council, it was agreed that a one-week
continuance of the public hearing regarding consideration of Conditional Use
Pe~nit No. 84-5 and Parcel Map No. 84-1109 w~uld be granted in order to permit
the residents of this co~rmmnity to meetwithrepresentatives of Target Stores
and that such meeting would he scheduled for 8:00 p.m. on March 15, 1984, in
the Cypress City Hall Conference Rock.
Mayor Partin ordered that this matter be continued to a meeting of the City
Council to be held on Monday, March 19, 1984, at 7:00 p.m. and reques%ed that
those present who owned property within a 300-foot radius of the proposed project
and had not received the mailed legal notice register their n~nes with the Council
so that this matter might be further investigated by staff.
RECESS: Mayor Partin ordered a recess at 10:08 p.m. The meeting reconvened at
10:25 p.m., with all Council Members present.
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAIL~T PE~M/T
ESTEBAN'S, 6197 BALL NDAD, CYPRESS. Mr. Essex reviewed the staff report dated
March 6, 1984.
Mr. Jesse Alphonse, representing the applicant, stated that he w-as present to
answer any questions in reference to this request.
Mayor Partin asked if there was anyone present in support of or in opposition to
this application. No one indicated a desire to be heard.
Councilman Lacayo moved to close the public hearinq and approve the application
for live entertair~nent permit at Esteban's, 6197 B~ll }~ad, subject to review
and reconsideration should any problems arise in the operation of this business
associated with allowing live entertainment to be provided. The motion was
seconded by Councilman Coronado and unanin*Dusly carried.
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City Council Minutes
March 12, 1984
CONSIDERATION OF PI~LIC HEARING RE: CONDITIONAL USE PERMIT NO. 84-6, CCNTINUED
OPERATION OF A CO~RCIAL STABLE, 8622-8644 B~ACIA DRIVE.
the staff report dated March 2, 1984.
Chris Eynon presented
Mrs. Mary van den ~dt, 8644 Acacia Drive, Cypress, the applicant, stated that
the property is being used in conformance with present legal requirements and
that she is not intending to expand her cc~m~_rcial operation at this tin~.
Mr. Larry Webcor, 8681 Acacia Drive; Mrs. Judy Daniels, 8542 Acacia; and Mr.
Sal Espinoza, 8641 Acacia, all spoke in support of this application.
Mr. P/chard Knickerbocker, attorney representing Bill Sinclair, property owner
adjacent to the subject property, spoke in oppositJonto a c~rcial business
being operated in a residential neighborhood and stated that a healthhazard
is being created by the insects, vermin, oc%~r and waste generated by animals
kept on Mrs. Van den Raadt's property. He requested that a negative impact report
be issued by the City.
The City Attorney stated that the RS-15,000 zone in Cypressdoes permit such
cc~mercial operations within a residential zone, and because this is a continued
existing use, a negative impact report would not be legally required for this
application.
Mr. Bill Sinclair, 8602 Acacia Drive, and Mr. Everett Weirhe~ner, 8602 Acacia
Drive, spoke in opposition to this permit and requested that the City phase out
all co~r~ercial stables in Cypress.
Councilman Lacayo stated that, while he would not oppose the granting of this
conditional use permit for stabling up to eight horses, he ~uld not be in
favor of increasing the number of horses allowed to fourteen as requested for
both personal and cc~mercial purposes.
Mrs. Van den Raadt then stated that she ~ould agree to the approval of only
eight horses since she w-as not planning to increase her operation to more than
that number.
Mr. Hal Daniels, 8540 Acacia Drive, spoke in support of allowing eight horses on
Mrs. Van der Raadt's property because of the large amount of lar~ she owns.
After discussion, Councilman~lullenn~y~ed to close the public hearing and adopt the
resolution by title only, title as follows, approving the ~ontinued operation of a
cc~mercial stable at 8622-8644 Acacia Drive, subject to the five conditions con-
tained in the staff report, with a maximum of eight (8) horses permitted, up to
six (6) of which may be commercially stabled.
RESOLUTION NO. 2753
A RESOLUTION OF THE CITY COUNCIL OF %HE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 84-6 - WI%H CONDITIONS.
The motion was seconded by Councilrm3n Lacayo and adopted by the following roll
call vote:
AirES: 5 COUNCIL F~BERS:
NOES: 0 GOUNCIL ~ERS:
ABSTAIN: 0 COUNCIL M~bBERS:
Coronado, Lacayo, Kanel, Mullen and Partin
None
None
CCNSIDERATION OF PUBLIC HEARING RE: A~ENE~,~/qT TO llqE ZONING ORDINANCE NO. 84-2,
MODIFICATION TO OFF-S'rF~E'£ PARKING. Chris Eynon sun~nrized the staff report dated
March 5, 1984.
Mayor Partin asked if there were anyone present wbo wished to be heard regarding
this it~. No one wished to speak.
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City Council Minutes
March 12, 1984
CounciLman Mullen moved to close the public hearinq and approve the first readin§
of the Ordinance by title only, title as follows, approving Amendment to the Zoning
Ordinance No. 84-2 regarding modification to Off-street Parking.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPreSS Ab~NDING
SECTION 14, OFF-ST~T PARKING, OF ORDINANCE NO. 640, THE ZONING
ORDINANCE OF THE CIRY OF CYPRESS, ElqOWN AS AMENDmeNT TO THE ZONING
ORDINANCE NO. 84-2.
The motion was seconded by Councilman Lacayo and unanimously carried by the
following roll call vote:
AYES: 5 COUNCIL ~jV~BERS:
lqOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEN~ERS:
Coronado, Kanel, Lacayo, Mullen and Partin
None
None
CONSIDERATION OF AP~/qEb~T TO THE ZONING ORDINANCE NO. 84-3, ALUMINUM CAN
RECYCLING MAC~{INES. Chris Eynon presented the staff report dated March 2, 1984.
Mayor Partin requested testin~ny frcra the audience, and no one indicated a desire
to be heard.
Councilman Mullenmoved to close the public hearing and approve the first reading
of the ordinance by title only, title as follows, mending Section 8, Definitions,
and Section 10.1, Commercial Permitted and Conditional Uses.
AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF CYPRESS AMENDING
SECTION 8 DEFINITIONS AND SECTION 10.1 O2~V~MERCIAL PERMI'I'IED AND
CONDITIONAL USES, OF ORDINANCE NO. 640 OF THE ZONING ORDINANCE OF
THE CITY OF CYPRESS.
The motion was seconded by Councilman Lacayo and unanimously carried by the following
roll call vote:
AYES: 5 COUNCIL ~ERS:
NOES: 0 COUNCIL b~_~BERS:
ABSENT: 0 ~OUNCIL ~_P~ERS:
Coronado, Kanel, Lacayo, Mullen and Partin
None
None
CONSIDERATION OF RENEWAL OF CONTRACT FOR A TWO (2) YEAR PERIOD TO SUPPLY AND
LAUNDER UNIFOIlV~S, ~QUEST FOR QUOTATIONS ~8384-39.
staff report dated February 28, 1984.
Mr. Essex presented the
Councilman Lacayo moved that the City Council renew the contract for a two (2)
year period to supply and launder uniforms with Prudential Overall Supply, P.O.
Box 11210, Santa Ana, California 92711, with no increase in price or conditions
structure and with a sixty (60) day written notice of cancellation clause. The
motion was seconded by Councilman Mullen and unanimously carried.
CONSIDERATION OFPOLICEVEHiCLE REPLACEMENT. Mr. Essex stm~narized the staff
report dated March 2, 1984.
Councilman Lacayo moved that the City Council determine that it is in the best
interest of the City to dispense with formal competitive bidding pursuant to
City Code Section 21A-Sf ar~ a) . Authorize the purchase of three (3) patrol
vehicles under the Los Angeles Sheriff's Department contract with Crenshaw Motors
in the amount of $30,233.84, and b). Anthorize the purchase of one (1) urmarked
unit from Avis Car Leasing in the anount of $8,274.00. The motion w-as seconded
by Councilman Coronado and unanimously carried.
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City Council Minutes
10.1
March 12, 1984
~ONSIDERATION OF AWARD OF CONTRAC~ FOR TENNIS ODURT FENCING, ~YJEST FOP,
QUOTATION NO. 8384-42. Mr. Essex presented the staff report dated March 5, 1984.
Councilman Lacayo moved that the City Council accept the bid frc~ Pilgrim Fence
Co., 3275 E. Florence Avenue, Huntington Park, CA 90255, as the lowest responsible
bidder and award the contract for tennis court fencing~ to this cc~pany in the amount
of $3,736.13. The notion was seconded by Councilman Mullen and unanimously carried.
CONSENT CALENDAR: Mayor Partin announced that all irons listed on the agenda
under "Consent Calendar" were to be considered by the Council as routine and will
be enacted by one motion approving the reconmendations on the agenda.
Councilman Coronado moved to approve Items #9 - 18 on the Consent Calendar. ~ne
motion was seconded by Councilman Lacayo and unanimously carried by the following
roll call vote:
AYES: 5 COUNCIL
NOES: 0 COUNCIL ~BERS:
ABSTAIN: 0 COUNCIL ~MBERS:
Coronado, Kanel, Lacayo, Mullen and Partin.
None
None
It~n #9: Motion to Approve City Council Minutes of the Regular Meeting of
February 27, 1984.
Recommendation: That the City CouD~il approve the Minutes of February 27, 1984,
with Councilman Mullen abstaining due to his absence at the meeting.
Item #10: Motion to Introduce and/or Adopt Ail Ordinances Presented for Considera-
tion by Title Only and to Waive Further Reading.
It~n #11: Consideration of Proclaiming the Period of April 29 - May 6, 1984, as
"Days of Remembrance of the Victims of the Holocaust" as requested.
Recc~nendation: That the Mayor and City Council officially proclaim the period of
April 29 through May 6, 1984, as "Days of Remembrance of the Victims of the Holo-
caust'' as requested.
Item #12: Consideration of Proclaiming May 1, 1984, as "Law Day, U.S.A."
Reconmendation: That the Mayor and City Council officially proclaim Tuesday,
May 1, 1984, as "Law Day, U.S.A." in the City of Cypress as requested.
Ite~ #13: Consideration of Claim Filed by John M. Gullixson, Attorney, on
Behalf of Anthony Verdenne.
Recc~nendation: That the City O~uncil officially reject the subject claim and
refer it to the City's Claim Adjuster, Carl Warren & Cc~npany, for appropriate
disposition.
Item #14: Consideration of Adoption of Resolution Con~aending the Japanese
Pioneers of Orange County.
~ation: That the City Council adopt the Resolution by title only, title
as follows, recognizing and c~u~ending the Japanese Pioneers of Orange County.
RESOLUTION NO. 2754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOC~
NIZING AND O9~%~iq%~ THE JAPANESE PIONEERS OF ORANGE ~.
Item #15: Consideration of Adoption of Resolutions of Conlnendation for Eagle
Scouts.
Recc~mendation: That the City Council adopt the Resolutions by title only, titles
as follow, conlnending Eagle Scouts Michael Sean Keough, ~avid Alan Keough, Todd
Joseph Shattuck, and David Wayne Shattuck.
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City Council Minutes
March 12, 1984
~ESOLUTION NO. 2755
A RESOLUTION OF THE CITY ODUNCIL OF THE CITY OF CYPRESS ~NDING
BOY SCOUT MICHAEL SEAN KEOU~ ON ACHIEVING THE RANK OF EAGLE SCOUT.
RESOIUrIONNO. 2756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ~NDING
BOY SCOOT DAVID ALAN KEOU~ ON ACHIEVING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 2757
A RESOLUPION OF THE CITY COUNCIL OF ~HE CITY OF CfPRESS COM~K~qDING
BOY SCOUT TODD JOSEPH SHATU3CK ON ACHIEVING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 2758
A RESOLIIrION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ~DING
BOY SCOUT DAVID WAYNE SHA%TUCH ON ACHIEVING THE RANK OF EA~.W. SCOUT.
Item #16: O0nsideration of Rec~,,,~ndation of Traffic fire, mission Meeting of
February 21, 1984.
Rec~u~ndation: That the City Council approve the recon~ner~ations of the
Traffic Cc~anission and adopt the Resolution by title only, title as follows,
establishing a one-way stop restriction on Fred Drive at the intersection of
Gene Street.
RESOLUTION NO. 2759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTAB-
LISHING A ONE-WAY STOP ON FRED DRIVE AT ~HE INTERSECTION OF GENE
S'I~?.
Item #17: Consideration of an Application for Alcoholic Beverage license Transfer
F-~by C~arles M. Forman, D.B.A. Tanglewood Liquor, 4029 Ball ~3ad, Cypress.
Rec~,,~_ndation: Receive and file.
Item #18: Consideration of Donation of Funds.
Reconm~ndation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, formally accept the donation
in the amount of $150 frc~ the CalifozTkia Handlers Advanced Obedience School (C.H.A.
O.S.) and allocate $150 from the General Fund to B~count No. 4104-12-307-10 for the
purchase of tables and chairs for Arnold/Cypress Park.
CONSIDERATION OF RESOLUTION OF 5HE CITY OF %USTIN REQUESTING AN A~ TO THE.
ORANGE COUNTY TRA/q~PORTATICN CO~bkISSION'S ~'Ir'±E~N-YEAR TRANSPORTATION INVEST~L~%~r PLAN.
Mr. Essex presented the staff report dated March 6, 1984.
Counciln~an Mullen stated that, since this issue b~d previously been discussed by the
Council and a recon~rfiation made, he did not feel it ~uld be appropriate for any
further action to be taken on the matter at this time.
Mayor Partin anrDunced that this matter would be received and filed.
CONSIDERATION OF SCHEDULING INTERVIEWS C~ APPLICANTS FOR APPOINTS~NT TO THE.
~EC~EATION AND COF~K~ITY SERVICES CY)MMJSSION. Mr. Essex presented the staff
report dated March 6, 1984.
CounciLman Coronado moved that this matter be continued to the meeting of March 19,
1984. Councilman Lacayo seconded the motion and it was unanimously carried.
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City Council Minutes
March 12, 1984
ODNSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 3350 - 3533.
It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the
Warrant List for Warrants Nos. 3350 - 3533, in the total amount of $297,637,000.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL ~/~ERS:
NOES: 0 COUNCIL 5~BERS:
ABSTAIN: 0 O~JNCIL M~b~ERS:
CoroDado, Kanel, Lacayo, Mullen and Partin
None
None
CONTINUATION OF OSNSIEERATION OF 5DNTEREY HOMES TREE BU~'~'~.'R ABgA. Mr. Essex
presented the staff report dated March 5, 1984.
Mr. Milton Yates, representing the Monterey Hc~e Owners, stated that the Association
is requesting that the City pay for the trees to be placed in the buffer area and
that the home owners' would assume responsibility for the installation, subject to
the supervision of the City Engineer.
Councilman Mullen asked the City Attorney to conr~=_nt on any legal implications of
such an agree~aent because of the use of public funds for a purchase to be used on
private property.
The City Attorney responded that the Association could give the City an easement
for landscaping purposes ar~, upon the finding by the City Council that these
trees are necessary in order to mitigate tt~ adverse effects of the athletic
lights, a legal agreement could be arranged which would also provide for the
timely and proper planting of the trees.
After further discussion by the Council, it was moved by Councilman Lacayo and
seconded by Councilman CoroDado to approve the purchase of 40 to 50 trees, as
required, to be installed as a buffer against the effects of the athletic field
lighting at Cypress High School, on the inside of the wall between the school and
the Monterey Homes condcmini~ns, and that the City Attorney be directed to work out
a suitable arrar~nent with the Monterey Homeowners' Association which would
legally protect beth parties in the i~plem~ntation of a plan to allow the
Association to physically plant these trees. Th~ motion unanimously carried.
Due to the lateness of the hour, Mr. Essex suggested that the Executive Session
and his request for confirmation of a joint meeting schedule with City c~gssions
be continued to the Council meeting of March 19, 1984. O~uncilman Lacayo requested
that the s~ne continuance be ordered regarding a report from the Plannir~ Director
on the Cypress Industrial Park development.
Mayor Partin announced that these matters would be continued as requested.
ADJONt~I~NT: Mayor Partin adjourned the meeting at 12:27 a.m. to Monday, March 19,
1984, at 7:00 p.m.
A'±'r~ST:
MAYOR OF ~HE CITY OF CYPRESS
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