Minutes 86-08-25
186
MINUTES OF A Jl.EGULAR MEETING OF
THE CYPRESS CITY COTJNCII~
HELD
August 25, 1986
The regular meeting of the Cypress City Council was called to order at 7:36 p.m. on Monday,
August 25, 1986, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, by Mayor Otto Lacayo.
PRESENT: Councilmembers Mullen, Partin &. Lacayo
ABSENT: Councilmembers Coronado &. Kanel
Also present were Darrell Essex, City Manager/City Clerk, Mark Huebsch, City Attorney,
and staff members Barrett, Beardsley, Eynon, Leonard, Lowenberg and Thomas.
Mayor Lacayo announced that Councilman Kanel was out of town and Councilman Coronado
was ill.
PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilman Mullen.
Mayor Lacayo advised members of the audience that the Council would be continuing the
public hearing regarding the Los AJamitos race track property to the September 8 meeting.
OF At COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any
matter not on the agenda. No one wished to speak.
STAFF REPORTS &. DISCUSSION: The City Manager requested an Executive Session for
litigation matters.
CONTINUATION OF PUBLIC HEAR.ING FE: CONDITIONAL USE PERMIT '86-15, MINI-
WAREHOUSE/PUBLIC STORAGE FACILITY, 9907-9973 WALKER STREET: The Mayor
opened the public hearing and announced that the applicant requested that the hearing be
continued to the September 8 meeting.
Hearing no objections, the Mayor continued the hearing regarding C.U.P. '86-15 to the
September 8 meeting.
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT
#79-19, KENTUCKY FRIED CHICKEN RESTAURANT EXPANSION, 9041 VAI~LEY VIEW
STREET, CYPRESS: Mayor Lacayo opened the public hearing and the Planning Director
presented a report dated August 19 indicating the hearing was continued from the June 23
meeting in order for staff to review the sign plans and study the possible removal of the
bucket pole sign.
Councilman Mullen asked why the City Jacked authority to order the removal of the sign.
The City Attorney advised that, pursuant to a provision of the Business and Professions Code
enacted in 1985, the City could not compel removal of the sign without payment of
compensation for the value of the sign.
Mayor Lacayo asked if the applicant wished to speak.
Mr. Ed Sheldrake, 2009 Las Lamas, Fullerton, operator of the Cypress business for 17 years,
stated their store is one of the top volume stores in the country for this sille City and the
improvements proposed will make it one of the most attractive. He stated that, based on
their experience, removal of the bucket sign would reduce business by 20 to 25%. He stated
they have been good operators and hire many local youths and removal of the sign would hurt
everyone if they lose their volume of business. Mr. Sheldrake stated he would like a
monument sign but it would be difficult to install because the building is so close to the
street. He stated their goal is to prove this is one of the finest stores existing. Mr.
Sheldrake stated they hoped to complete the improvements by October 19.
No one else wished to speak in support or in opposition.
It was moved by Councilman Mullen and seconded by Councilman Partin to close the public
hearing and adopt the Resolution by title only, title as follows, approving the amendment to
C.U.P. #79-19 subject to the 19 conditions:
City Council Minutes
August 25, 1986
187
RESOLUTION NO. 3125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO rONDITION AI, USE PERMIT NO.
79-19 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
2 rOUNCILlVTElVTBERS: Coronado & Kanel
CONTINUATION OF PUBLIC HEARING RE: SPECIFIC PLAN #86-1 AND FINAL
ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT #86-1, ANn ZONE
CHANGE #86-1, LOS ALAMITOS RACE TRArK AND GOLF COURSE (CYPRr.S~ PLAZA):
The Mayor declared the public hearing open and announced that staff requested a
continuance of the hearing to September 8.
Hearing no objections, the Mayor continued the public hearing to September 8.
PUBLIC HEARING FE: CONDITIONAL USE PERMI1' #86-22, MINI-WAREHOUSE/PUBLIC
STORAGE FACILITY INCLUDING A CARETAKER'S APARTMEN'T', 8882 WATSON STREET,
CYPRESS: The Mayor declared the hearing open and the Planning nirector summarized a
report dated August 13 describing the project.
The Mayor asked if the applicant wished to speak.
Mr. Mark Murphy, 2750 S. Harbor, Santa Ana, architect, described the design and layout of
the project and responded to questions from the Council. Councilman Partin addressed the
confined nature of the upstairs units and asked if they pose any danger to the facility users.
Mr. Murphy indicated that they considered the claustrophobic effect and designed the upper
floor with a straight corridor with skylights down the center so users can see down the entire
length of the hall. The project will include security cameras which are monitored by the
manager, and the manager will also monitor access at the front and exit gates and will know
who is on the property at any time. Mr. Murphy stated the exterior walls of the building are
difficult to scale. He stated their firm has designed seven multi-story facilities throughout
southern California and there has been no resistance to the additional story particularly in a
case like this where the project is small. Mr. Murphy stated the users are sophisticated
renters who demand a comfortable environment and providing visual security is an important
issue. In response to other questions, Mr. Murphy reported that push carts will be provided
for transporting heavy loads on the elevators to upstairs units. He stated the buildings are no
more fire resistant that any other commercial or industrial buildings but are safer than most
offices because of the low volume of users.
Councilman Partin asked if a person could become trapped in the building upstairs and
whether the Police Chief had reservations about the building or use. Mr. Murphy reported
there are three interior and two exterior stairways in addition to the elevators, and there are
no dead-end corridors. Chief Lowenberg indicated that his concerns would be aHeviated if
the resident manager made frequent walk-throughs of the huildings. Councilman Partin
indicated he had reservations about the UDper floor because of the potential dangers to a user
who might be alone in the facility. He asked that there be surveillance on a periodic basis in
addition to the 1'V monitoring to prevent the possibility of criminal activities. Mr. Murphy
responded to these concerns and described the security measures which w,ould be provided
such as the closed gates to the facility, 1'V monitors for all corridors, laser surveillance in
the hallways, and the manager's monitoring the arrivals, destinations and exits of an users.
Chief LoweQberg stated he was satisfied with the measures, providing the manager does not
rely solely 'Q:~ the TV monitoring and performs a regular patrol of the buildings. Mr. Murphy
stated the role of the manager is to market the project Rnd keep it occupied and one of his
responsibilities is to take a new user to his unit when he moves in and police the site during
the remaining time.
No one else wished to speak in support or in opposition.
It was moved by Councilman Mullen and seconded by Councilman Partin to close the hearing
and adopt the Resolution by title only, title as follows, approving C.U.P. #86-22 subject to
the 30 conditions:
-2-
Citl ~J3ncil Minutes
August 25, 1986
RESOLUTION NO. 3126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86-22 - WITH
CONDI'l'IONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Mullen, Partin &. Lacayo
o COUNCIL MEMBERS: None
2 COUNCILMEMBEHS: Coronado &. Kanel
-
PUBLIC HEARING RE: PARCEL MAP #86-319, SOUTI-lWEST CORNER OF VALLEY VIEW
STP-EET AND LINCOLN AVENUE: Mayor Lacayo opened the public hearing. The Planning
Director presented a report dated August 13 describing the application to diviG~> two parcels
into four in order to facilitate future construction and ownership. She reported that a
commercial shopping center will be proposed in the near future and the three existing
businesses will remain on the property.
Mr. Herb Andrews, 1744 W. Katella, Suite 3, Orange, real estate consultant and developer,
reported that properties ownec'l by Mr. Soto and Mr. Schmuck, Parcels A and B, are being
combined and he has purchased the property from Mr. Soto. Mr. Andrews stated the three
businesses wish to remain on the property, both KFC and Sizzler have planned remodeling and
expansion, and Mohil has entered a purchase contract to acquire the corner. The fourth
parcel containing 81,000 square feet is occupied by the RV business and a condition of
development is that space be provided for the business. Mr. Andrews reported that the PV
storage will be eliminated and the business will be confined to a 5,000 square foot showroom
facility which will be located to the rear of a 22,795 square foot retail building they propose
to construct on the parcel. 'lfr. Andrews indicated that Mr. Schmuck concurred in the plan
for the RV business. Mr. Andrews stated their plans will be submitted for review at the
September 22 Council meeting.
There were no other speakers in support or opposition.
It was moved by Councilman Mullen and seconded by Councilman Partin to close the hearing
and adopt the Resolution by title only, title as follows, approving Parcel Map #86-319 subject
to the five conditions:
-
RESOLUTION NO. 3127
A RESOLUTION OF THE CITY rOUNCIL OF 1'HE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 86-319 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIVVIEMBERS: Mullen, Partin &. Lacayo
o rOUNCJLMElVlBERS: None
2 COUNCIL MEMBERS: Coronado & Kanel
CONSIDER ATION OF AWARD OF CONTR ACT FOR POLICE VEHICLE REPLACEMENT
AND ADDITION: Mr. Essex presented a report from the Police Chief dated August 19
requesting the replacement of three unmarked police vehicles (l!nits 606, 610 and 611).
It was moved by Councilman Mullen and seconded by Councilman Partin to determine that it
is in the best interest of the City to dispense with formal competitive bidding pursuant to
City Code Section 21A-8f and authorize the purchase of three (3) vehicles as identified in the
report from Buick Mart, 18800 Studebaker Road, Cerritos, California, in the amount of
$26,979.84. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCIL MEMBERS: Mullen, Partin &. Lacayo
o COUl\TCILMEMBEHS: None
2 COUNCILMEMBEHS: Coronado &. Kanel
~
CONSENT CALENDAR: All items listed on the agenda under "Consent Calendar" are to be
considered by the Council as routine and enacted by one motion approving the
recommendations on the agenda.
-3-
City Council Minutes
August 25, 1986
189
It was moved by Councilman Partin and seconded by Councilman ]\I!:ullen to approve Consent
Calendar Items #7 through #18. The motion unanimously carried by the following roll call
vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS: Mullen, Partin &. 'Lacayo
o COUNCILMEMBERS: None
2 COUNCIL MEMBERS: Coronado &. Kanel
Item #7: Motion to Approve City Council Minutes of the Pegular Meeting of August 11,
1986.
Recommendation: That the City Council approve the Minutes of August 11, 1986 as
submitted.
Item #8: Motion to Introduce and/or Adopt All Ordinances Presented for Cons~d(>ration by
Title Only and to Waive Further Reading.
Item #9: Consideration of Proclaiming September 1 - 6, 1986, as "Union Label Week" in the
City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim September 1 - 6,
1986, as "Union Label Week" in the City of Cypress as requested.
Item #10: Consideration of Proclaiming September 17 - 23, 1986, as "Constitution Week".
Recommendation: 1'hat the Mayor and City Council officially proclaim the week of
September 17 - 23, 1986, as "Constitution Week" in the City of Cypress.
Item # 11: Consideration of Fmployment List - Account Clerk IT.
Recommendation: That the City Council certify the Employment List for the position of
Account Clerk n as submitted.
Item #12: Consideration of Employment List - Engineering Aide.
Recommendation: 1'hat the City Council certify the Employment List for the position of
Engineering Aide as submitted.
Item #13: Consideration of Employment List - Senior Planner.
Recommendation: That the City Council certify the Employment List for the position of
Senior Planner as submitted.
Item #14: Consideration of Claim Filed by Milton H. Yates.
Recommendation: That the City Council officially reject the subject claim and refer it to
the City's Claims Administrator, Carl Warren &. Company, for appropriate disposition.
Item #15: Consideration of Replacement of One (1) Television Monitor.
Recommendation: That the City Council: (1) appropriate $191.00 from the unreserven fund
halance of the General Fund to Account #4842-90-656-35; and (2) authorize the purchase of
one (I) television monitor from Hoffman Video Systems, 11752 Mitchell Street, Irvine,
California, in the amount of $190.50.
Item #16: Consideration of Walker Street Storm Drain Reimbursement Agreement #94
(McDonnell Douglas Corporation).
Recommendation: That the City Council: (1) authorize an appropriation in the amount of
$2,841.00 from the fund balance of the Planned Local Drainage Facilities Fund to Account
#4293-26-272-23; and (2) authorize the reimbursement to ]\~DC per the agreement.
Item #17: Consideration of Drainage Fee for Parcel Map #86-309 (Formerly Tentative
Parcel Map #85-321), Project #8655-90, Southwest Corner of Knott Street and Katella
A venue.
Recommendation: That the City Council approve the request to delay payment of drainage
fees for Parcel Map #86-309 until issuance of the building permits.
-4-
Cit~'8DnCil Minutes
August 25, 1986
Item #18: Consideration of Proposed Ordinance to Modify the City's Swimming Pool Code.
Recommendation: That the City Council: (1) set the date of the Public Hearing for the
proposed Ordinance change for 7:30 p.m., September 8, 1986; and (2) approve the first
reading of the Ordinance by title only, title as follows, amending Chapter 19, Section 19-3 of
the Cypress City Code, by adding an Amendment to Section 417 (f) of the Uniform Swimming
Pool, Spa and Hot Tub Code, 1982 Edition:
ORDINANCE NO.
AN ORDINANCE OF THE CITY rOUNCIL OF THE rITY OF CYPRESS
AMENDING CHAPTER 19, SECTION 19-3 OF 'T'HE CYPRESS CITY
CODE, BY ADDING AN AMENDMENT TO SECTION 417 (f) OF THE
UNIFORM~WIMMING POOL, SPA AND HOT TUB CODE, 1982
E DJ'l'IO N .
~~
CONTINUATION OF CONSIDERATION OF ENFORCEMENT OF CONDITIONS ON
CONDITIONAL USE PERMrr #C-224 - ROY AL GARDEN APARTMENTS, 9352 HOLDER
STREET, CYPRESS: Mr. Essex presented a report dated August 20 and indicated that
Councilman Kanel requested that this item be continued to the next meeting so that he may
complete his report.
Hearing no objections, the Mayor continued this item to the September 8 meeting.
CONSIDERATION OF DESIGN REVIEW COMMITTEE #86-20, OFFICE/WAREHOUSE
BUILDING AT 6484 COMMERCE DRIVE: The Planning Director presented a report dated
August 19 describing the application to construct an office/warehouse building at the
southwest corner of Commerce Drive and Holder Street.
Councilman Partin indicated that the Council had taken a position several years ago to
discourage plain tilt-up buildings in the Business Park and he asked if this was a highly visible
building. The Planning Director stated it was not and she described its visibility from
adjacent streets, indicating the east elevation will be seen on Holder and driving west on
Katella, the north elevation will be seen driving north on Holder, and the south elevation will
be partially blocked by the Lusk building. Mrs. Eynon indicated that staff had rejected _
several alternative building treatments and for the proposed concrete tilt-up building had
requested that the applicant dress up the facade and increase the window area. Councilman
Partin asked if staff was satisfied with the design. Mr. Essex stated the building was an
upgrade from the original proposal and staff felt it was acceptable as presented. Councilman
Partin stated this was not a particularly attractive building and he realized staff had done all
they could to improve it. He felt buildings in the Business Park should reflect a high quality
design to attract first class tenants. Council man Partin requested that staff provide a plot
plan showing the site location of future buildings in relation to the overall area.
It was moved by Councilman ]\lIullen, seconded by Councilman Partin and unanimously carried
to receive and file Design Review Committee #86-20 report.
CONSIDERATION OF SCHOOL RESOURCE OFFICER PROGRAM - JUNIOR AND SENIOR
HIGH SCHOOLS: Mr. Essex presented a report from the Police Chief dated August 18.
Councilman Partin suggested that this item be continued since Councilman Kanel wished to
address the matter.
There heing no objections, the Mayor continued this item to the Septemher 8 meeting.
CONsmERATION OF APPROVAL OF rOMMERCIAL WARRANT LIST FOR WARFANTS
#16362 - 16589: It was moved by Councilman Mullen and seconded by Councilman Partin to
approve the V\larrant List for Warrants #16362 through #16589 in the amount of
$932,538.16. The motion unanimously carried hy the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCILi\lfENTBERS: Mullen, Partin &: Lacayo
o rOUNCILMEMBFRS: None
2 COUNCILMEMBERS: Coronado &: Kane]
!""'..
WRITTEN &. ORAL COMMUNICATIONS: Mr. Fred Morisaki, 5394 Rome, rypress, referred
to the public hearing concerning the mini-warehouse/public storage facility at 9907-9973
Walker Street and asked if there was a limitation on continuing the public hearing. He stated
it is difficult to keep neighbors rallied together to provide input without a firm hearing
date.
-5-
City Council Minutes
AUlUSt 25, 1988 '
191
The Planning Director stated the applicant was unable to be present tonight and stafrs
understanding was that the applicant would be present at the September I meetint..
The Mayor asked staff to notify the applicant that the Council Is not In favor of another
continuance.
Councilman Mullen discussed a letter sent to the Council by Mrs. Claire Weinberg regarding
Cypress' support of cultural programs. The letter referred to the City of Buena Park's
underwriting of a community theatrical production. Councilman Mullen asked staff to
contact the City of Buena Park to verify the information and suggested that the Mayor may
wish to respond to Mrs. Weinberg's letter. Councilman Mullen stated the Council In the put
has advanced funds for a theater production and has taken a positive and active Interest In
supporting cultural programs which he expected they would continue.
Councilman Mullen asked if staff had resolved the complaint by Mr. Ross abou'i Copley
Colony Cablevision. Mr. Barrett reported that staft had not contacted Mr. Ross but the
cable company made numerous attempts to contact him and would send a letter if they
cannnot reach him by telephone. Mr. Barrett stated staff confirmed that Copley had
followed the acceptable procedure for emergencies, and Mr. Ross' problem wa."l not
considered an emergency for an after hours call out.
Councilman Mullen requested that staff or the Mayor respond to Mr. POSI' letter since it was
addressed to the Council.
EXECUTIVE SESSION: The Mayor called an Executive Session at 8:49 p.m. to discuss
matters of litigation. The Council reconvened at 10:00 p.m. with ~ouncilmembers Coronado
and Kanel absent.
ADJOURNMENT: Mayor Lacayo adjourned the meeting at 10:00 p.m.
MA
CYPRESS
A TrEST:
,
i ,
, j . ,1 ",;I' A-
C1T~E~f~~f~~ OF CYPRESS
-6-