Minutes 87-03-09
335
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MINUTES OF A REGULAR MEETING OF
THE CYPR.ESS CITY COUNCIL
HELD
March 9, 1987
The regular meeting of the Cypress City Council was called to order at 7:00 p.m. on Monday,
March 9, 1987, in the Cypress City Council Chamber, 5275 Orange Avenue, Cypress,
California, by Mayor John Kanel.
PRESENT: Councilmembers Arnold, Coronado, Davis, Mullen & Kanet
ABSENT: None
JOINT MEETING WITH THE CYPRESS TRAFFIC COMMISSION: Traffic Commissioners
Belsky, Bloch, Carruthers and Kennedy were present. The Council and Commission discussed
the topic of RV parking on the street. The Commissioners indicated that the recent ban on
vehicles over six feet in height parking within 100 feet of an intersection was intended to
improve visibility at various intersections and not to restrict recreational vehicles. The
Public Works Director reported that staff is preparing a report as a result of a citizen's
concerns expressed at a previous Council meeting. Councilman 1V'ullen questioned the need
for a study on RV parking in the absence of citizen complaints. Mr. Beardsley indicatec1 that
he would verify what the Council's action was at the previous meeting, and report back to the
Council. The Council also requested that staff report on the status of the ordinance which
would prohibit early morning truck deliveries at Mervyn's, and on the parking prohibition on
Walker Street between Orange and Ball.
Com missioner Bloch inquired about the extension of Holder Street. The Council reported
that the issue is scheduled for Council discussion in June, and the Council will continue to
receive status reports from staff and the City's traffic consultant.
Commissioner Kennedy complimented the Police and Engineering staffs for their support in
working with the Commission. He suggested that the City Council reconsider the two term
restriction on Councilmembers.
Commissioner Belsky stated that his concern is the number of neighborhood shopping centers
being built at the Walker/Ball intersection. He stated that there are not enough driveways
for the developments and major traffic problems will be created if such development
continues.
Commissioner Carruthers advised the Council that she attends the meetings of the OCTD
Citizens Advisory Committee.
RECESS: The Mayor called a recess at 7:35 p.m. The meeting was called back to order at
7:38 p.m. with all Councilmembers present.
Also present were City Manager/City Clerk Darrell Essex, City Attorney Mark Huebsch, and
staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: 'l'he pledge to the flag was led by Councilman Coronado.
PRESENTATIONS: Mayor Kanel presented a Community Service Plaque to ~1iss Cypress
1986 Melody Marie Ryan and Junior Miss Cypress 1986 Suzi Granat in appreciation for their
outstanding efforts in representing the City. Miss Ryan stated that it has been a great honor
to serve as Miss Cypress and she enjoyed the nice people she met. Miss Granat thanked
everyone for making her year as Junior Miss Cypress so special.
ORAL COMMUNICATIONS: No Oral Communications were presented at this time.
PUBLIC HEARING RE: PARCEL MAP #87-134, VARIANCE #87-1, AND DESIGN REVIEW
COMMITTEE #87-5, DIVIDE ONE PARCEL INTO THREE TO CONSTRUCT TWO SINGLE-
FAMILY HOMES AT 6152 ORANGE AVENUE: Mayor Kanel opened the public hearing. Mr.
Essex read a letter from the applicant, Mr. Kumar Patel, which indicated: (1) the applicant
intends to utilize a public drain located on the rear of Parcel #2 to drain the rear yards of
both lots and will submit this as part of their drainage proposal to the satisfaction of the City
Engineer; and (2) the applicant wishes to avoid building a block wall or fencing between the
two single-family homes which are being built for brothers who wish to maintain interaction
between the homes, and also because the proposed layout maintains more space in the side
area than in the rear yards. The applicant indicated that he contacted the engineering staff
on these conditions (#1 and #2) and staff had no objections.
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The Planning Director sum marized the staff report dated February 26 which described the
proposed parcel map, variance and design review.
The Mayor asked if the applicant wished to speak.
Mr. Riley Marklis, 1413 E. 18th Street, Santa Ana, architect, stated that the applicant
proposes quality homes that will be an asset to the community. He reported on reasons for
the variance request. He stated that the design will be similar to surrounding homes. ~
Mr. Kumar Patel, 9552 Margaret Street, Cypress, the applicant, stated that the homes are
being built for himself and his brother, and they will do a good job.
Mr. John Iwashita stated that he is selling the property including the nursery.
No one else wished to speak in support or in opposition.
The Public Works Director indicated that Condition #1 should require the applicant to
provide the necessary easements between the three properties to allow for cross-lot
drainage, to the satisfaction of the City Engineer. The City Attorney indicated that
easements must be recorded to the satisfaction of the City Engineer. Mr. Kumar stated that
he agreed with the condition.
It was moved by Councilman Mullen and seconded by Councilman Davis to close the public
hearing and adopt the following Resolutions by title only, titles as follows, approving Parcel
Map #87-134 and Variance #87-1 subject to the conditions recommended by staff and
Conditions #1 and #2 as stated in the applicant's March 5 letter, and the appropriate Zoning
Ordinance variance findings, and receive and file Design Review Committee report #87-5:
RESOLUTION NO. 3205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 87-134 - WITH CONDITIONS.
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RESOLUTION NO. 3206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING
ORDINANCE OF THE CITY OF CYPRESS TO ALLOW REDUCTION IN
LOT SIZE AND LOT DEPTH - VARIANCE NO. 87-1.
The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
PUBLIC HEARING RE: RECONSIDERATION OF AMENDMENT TO CONDITIONAL USE
PERMIT #85-15, PLACEMENT OF LIQUID NITROGEN STORAGE VESSEL, DRJVE-IN
DAIRY, 6297 BALL ROAD: The Mayor opened the public hearing. The Associate Planner
summarized the staff report dated February 27 which addressed the possible hazards
associated with a liquid nitrogen storage tank. Mrs. Eynon stated that the original C. U.P.
conditions still apply and Conditions #1-4 in Exhibit A are added conditions.
Mr. Jean-Pierre Klifa, President of Sensational Foods, the applicant, stated that their
proposal was described by staff. He reported that they selected the former dairy building
because it is an appropriate size, the processing room was approved by the Dairy Board and
the existing pasteurization equipment is compatible with their dessert processing. -
No one else wished to speak in support or in opposition.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close the
hearing and adopt the Resolution by title only, title as follows, amending the conditions of
approval to allow placement of the liquid nitrogen storage tank subject to the conditions of
approval adopted by the Council on January 16, 1987, and the four additional conditions in
Exhibit A:
RESOLUTION NO. 3207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 85-
15 - WITH CONDITIONS.
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The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: o COUNCILMEMBERS: None
PUBLIC HEARING RE: APPLICATION FOR LIVE EN1'ERTAINMENT.JlERMIT - PROMISE'S
RESTAURANT, 6197 BALL ROAD: Mayor Kanel opened the hearing~..Tne City Manager
presented a report dated March 4 indicating that the application is to,Uow a variety of
entertainment, including a four-piece band, fashion shows, occasio~tf8Shion and beauty
contests, and dancing by the patrons to a D.J. and recorded music. 'n1te applicant requested
hours of entertainment from 12:00 noon to 1:30 a.m. during the weekends and/or weekdays.
Mr. David Schneider, 3333 Pacific Coast Highway, Newport Beach, the applicant, reported on
the type of entertainment he proposes and stated it would be supplementary to the restaurant
which is a full dinner house. He reported that the restaurant and lounge/dancing area are
separated, and there will be a cover charge after 9:00 p.m. for the dance area. Mr. Schneider
stated that he understands the Council's concerns over the dancing establishments located
near Knott and Ball Road, and the type of entertainment he proposes~il1 be similar to what
is at the Via Maria restaurant. He stated that a D.J. will perform mo~ often than a live
band and he plans to run a clean and straight operation.
The Mayor asked if anyone wished to speak in support or in oppositionr
Mr. Justin Lin, 10000 Brenda Avenue, Buena Park, stated that he liv~ across the street from
the restaurant and in the past he has heard the music and band. He .ked that it be
controlled so that he can sleep.
Mr. Lin, 10000 Brenda Avenue, Buena Park, reported that a year ago the music was so loud
during the summer that he could not sleep, and the restaurant doors were open. He suggested
that entertainment end by 10:00 p.m.
Mr. Roger Crawford, 3618 Yorkshire Road, Pasadena, previous owner of the Ritz Grill, stated
that he selected the applicant as someone who could successfully sustain a long-term business
and represent the City well. He reported that Mr. Schneider has spent $200,000 in
renovations and he felt that he will operate a first rate restaurant and entertainment.
There were no Qther speakers.
It was moved by Councilman Coronado and seconded by Councilman Mullen to close the
hearing and approve the Live Entertainment Permit for Promise's Restaurant, 6197 Ball
Road, allowing entertainment between the hours of 12:00 noon and 1:30 a.m. during the
weekends and/or weekdays, subject to the follo~ring conditions: (1) the City Council reserves
the right to reconsider the granting of the permit in the event that noise or other problems
associated with the operation at the premises rises to a level which is of concern to the
neighbors; (2) the lounge cover charge is permissible after 9:00 p.m.; (3) the restaurant must
continue to be an active part of the business or the permit will automatically be revoked; and
(4) all doors of the restaurant shall remain closed during the hours of entertainment. The
motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
RECESS: The Mayor called a recess at 8:36 p.m. The Council reconvened at 8:42 p.m. with
all Members present.
PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE #87-1: Mayor Kanel
opened the public hearing. The Planning Director presented a report dated March 2
describing the proposed amendments which would allow the construction of room additions to
existing dwellings in the RS-6,000 or RS-15,000 Residential Single-Family Zones provided
that existing setbacks are maintained. The amendments would also exempt existing
residential structures which do not meet side yard setback requirements from nonconforming
status.
Mayor Kanel asked if anyone wished to speak.
Mr. Ken Babcock, 5450 Katella, #108, Los Alamitos, reported that he has prepared room
addition plans for a client on Lakia Street and they exceed the allowable lot usage because it
is a 5,000 square foot substandard lot. He requested that the City address the substandard
lots to permit for the reasonable expansion of homes.
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Mrs. Eynon stated that staff will be presenting a report at the next meeting addr~ssing the
issue of building coverage on substandard lots.
It was moved by Councilman Mullen and seconded by Councilman Davis to close the hearing
and approve the first reading of the Ordinance by title only, title as follows:
ORDIN ANCE NO.
AN ORDIN ANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS _1':"~~
AMENDING SECTION 9.2 PROPERTY DEVELOPMENT STANDARDS:
RESIDENTIAL ZONES; SECTION 9.3 PERFORMANCE STANDARDS:
RESIDENTIAL ZONES; SECTION 16.1 LACK OF OFF-STREET PARKING;
AND SECTION 17.7 ADJUSTMENTS; OF ORDINANCE NO. 640, THE
ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS
AMENDMENT TO THE ZONING ORDINANCE NO. 87-1.
The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
PUBLIC HEARING RE: URGENCY ORDINANCE OF THE CITY COUNCIL ENACTING A
ZONING MORATORIUM ON HOTELS AND MOTELS IN THE CH-I0,OOO COMMERCI,AL
HEA VY ZONE: Mayor Kanel declared the hearing open. Mr. Essex reported that the
proposed moratorium would be in effect for 45 days from the date of adoption of the
ordinance, and could be extended by a period of 10 months and 15 days, and subsequently for
one year.
Mayor Kanel asked if anyone wished to speak in support or in opposition to the zoning
moratorium. There were no speakers.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close the ~~
hearing and adopt the Urgency Ordinance enacting a zoning moratorium on hotels and motels
in the CH-I0,OOO Commercial Heavy Zone.
The City Attorney recommended that the Council act first on the item relating to the
Lincoln Avenue hotel/motel study. 'T'he Planning Director summarized a report dated March
4 which recommended that the Council combine the study of hotel/motel development in the
CG Commercial General Zone with the planned study of redevelopment of Lincoln Avenue.
Councilmembers Mullen and Coronado withdrew the motion and second.
It was moved by Councilman Mullen and seconded by Councilman Coronado that the Council
combine a study of hotel/motel development in the CG Commercial General Zone with the
planned study of redevelopment of Lincoln Avenue. The motion unanimously carried by the
following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEJVlBERS: None
It WIlS moved by Councilman Nlullen and seconded by Councilman Coronado to adopt the
Ordinance by title only, title as follows:
ORDINANCE NO. 770
AN URGENCY ORDIN ANCE OF THE CITY COUNCIL OF THE CITY OF """""
CYPRESS ENACTING A ZONING MORATORIUM ON HOTEL/MOTEL
BUSINESSES IN THE CH-I0,000 ZONE.
The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
CONSENT CALENDAR: An 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. Councilwoman Arnold requested the removal of Items #16,
17 and 20.
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It was moved by Councilman Coronado and seconded by Councilman Mullen to approve
Consent Calendar Items #11 through #23 with the exception of Items #16, 17 and 20. The
motion unanimously carried by the following roll call vote: 1J
A YES: 5 COUNCIL MEMBERS: ArnolCl, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCIT,MEMBERS: None
Item #11: Motion to Approve City CouncillVTinutes of the Adjourned Regular Meeting of
February 21, 1987, and the Regular Meeting of February 23, 1987.
Recommendation: That the City Council approve the Minutes of February 21 and February
23, 1987, as submitted.
Item #12: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #13: Consideration of Authorization for the Planning Director to Attend the National
Planning Conference.
Recommendation: That the City Council authorize the attendance of Christine Eynon,
Planning Director, to the National Planning Conference scheduled to be held in New York on
April 26-29, 1987, and that she be reimbursed for all actual and necessary expenses incurred.
Item #14: Consideration of Proclaiming April 1987 as "Selective Service Month".
Recommendation: That the Mayor and City Council officially proclaim the month of April
1987 as "Selective Service Month" in the City of Cypress as requested.
Item #15: Consideration of Recommendations of Traffic Commission Meeting of February
17, 1987.
Recommendation: That the City Council approve the recommendations of the Traffic
Commission as outlined in the report and adopt a Resolution by title only, title as follows: (1)
establishing a "No Parking Anytime" zone on both sides of Acacia Drive from Crescent
Avenue to a point 100 feet south, and from the south end of Acacia Drive to a point 100 feet
north; and (2) establishing a "No Parking 2 AM to 6 AM zone on both sides of Acacia Drive,
beginning at a point 100 feet south of Crescent A venue, south to the southerly property line
of 8644 Acacia Drive on the east side, and to the southerly property line of 8641 Acacia
Drive on the west side:
RESOLUTION NO. 3208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A "NO PARKING" AREA ON BOTH SIDES OF ACACIA
DRIVE FROM CRESCENT A VENUE TO A POINT 100 FEET SOUTH, AND
FROM THE SOUTH END OF ACACIA DRIVE TO A POINT 100 FEET
NORTH, AND ALSO ESTABLISH A "NO PARKING 2 AM TO 6 AM" AREA
ON BOTH SIDES OF ACACIA DRIVE BEGINNING AT A POINT 100 FEET
SOUTH OF CRESCENT AVENUE SOUTH TO THE SOUTHERLY
PROPERTY LINE OF 8644 ACACIA DRIVE ON THE EAST SIDE, AND TO
THE SOUTHERL Y PROPERTY LINE OF 8641 ACACIA DRIVE ON THE
WEST SIDE.
Item #18: Consideration of Design Review Committee's Approval of DRC #86-48, #87-2, and
#87-4.
Recommendation: Receive and file.
Item #19: Consideration of Recognizing 1987 as the International Year of Shelter for the
Homeless.
Recommendation: That the City Council officially recognize 1987 as the International Year
of Shelter for the Homeless and refer the communication from Sister Barbara A. Clem,
Director of the Catholic Charities Diocese of Orange, to the Cypress Youth Commission for
further consideration.
Item #21: Consideration of Resolution of the Orange County Division of the League of
California Cities Opposing the Use of Property Taxes to Improve Freeways.
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Recommendation: That the City Council direct the City's voting delegate to the Orange
County League of California Cities to support the subject Resolution opposing the use of
property taxes for freeway purposes.
Recreation and Park District Matters:
Item #22: Consideration of Proposed New Classes and Fees.
Recommendation: That the City Council, acting as the ex officio governing Board of p'">itIi
Directors of the Cypress Recreation &. Park District, approve the proposed four new classes
and fees as outlined in the February 27 report.
Item #23: Consideration of Donation of Funds from Mr. Tony Nieto, Chairperson for the
5K/lOK Run.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation & Park District, formally accept the donation in the
amount of $806.33 from Mr. Tony Nieto on hehalf of his participation in the Jog-Bike-Swim-
a-Thon and appropriate $806 from the Cypress Recreation & Park District General Func
Balance to Account #4163-12-303-10 for use in the Scholarship Fund for the 5K/I0K Run.
In regard to Item #16, Consideration of Design Review Committee #87-3 - Neighborhood
Shopping Center, Northeast Corner of Walker Street and Ball Road, Councilwoman Arnold
stated that she visited the lot and had concerns and she suggested that the Council consider
developing a standard plan for creating new small shopping centers to provide uniformity in
signing, landscaping- and general theme. Councilwoman Arnold expressed concern that every
small shopping center in the City looks totally different and she suggested that a study be
made to provide uniformity of standards. Councilwoman Arnold expressed concern over the
multitude of sign colors at this location and indicated that she would favor uniformity of
signs and gr'eater landscaping standards.
Councilmembers Coronado and Davis expressed support for reviewing the development
standards. "'-
The Senior Planner stated that the applicant on this Design Review is not present, and this
parcel has been difficult to work with. She stated that if the Council has any restrictions on
colors or signs she will work with the applicant.
Councilwoman Arnold indicated that she was reluctant to approve this or any other design
review until a plan for small shopping centers is developed for consistent design, color, signs
and landscaping. She stated that she would like development standards improved.
Council woman Arnold requested that this Design Review item be continued and that the
matter of design standards be placed on the next agenda.
The City Attorney advised that since the applicant is not present to agree to a continuance,
the options available to the Council are to receive and file, disapprove, or modify specific
conditions.
The City Manager suggested that the Council could modify the design review process by
requiring that conditions regarding signing, landscaping and architectural treatment be
returned to the Council for separate approval.
Following discussion, it was moved by Councilwoman Arnold and seconded by Councilman
Coronado to deny Design Review Committee #87-3. The motion failed to carry by the
following roll call vote:
A YES: 2 COUNCIL MEMBERS: Arnold & Coronado
NOES: 3 COUNCILMEMBERS: Davis, Mullen & Kanel "''''''
ABSENT: o COUNCILMEMBERS: None
It was moved by Councilman Mullen and seconded by Councilman Davis to receive and file
Design Review Committee #87-3 subject to the conditions recommended by staff with the
exception of Conditions #12, 13 and 14 which are to be returned for final approval by the
City Council.
The Planning Director recommended that the following sentence be deleted from Condition
#12: "All architectural treatments shall be constructed as illustrated on plans and renderings
submitted".
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Councilmembers Davis and Mullen stated that they supported further study of development
standards.
The motion carried by the following roll call vote:
A YES: 3 COUNCILMEMBERS: Davis, Mullen & Kanel
NOES: 1 COUNCIL MEMBERS: Arnold
ABSE NT: o COUNCILMEMBERS: None
ABST AININ G: 1 COUNCILMEMBERS: Coronado
Councilwoman Arnold requested that staff prepare a report proposing guidelines for design
review of shopping center and commercial development.
In regard to Item #17, Consideration of Request for One Year Time Limit for Conditional
Use Permit #86-10, AM/PM Mini-Mart, 5012 Lincoln Avenue, the Planning Director reported
that ARCO will begin construction of the mini-mart as soon as they receive the replacement
underground storage tanks. Councilman Coronado stated that he opposed this project.
It was moved by Councilman Davis and seconded by Councilman Mullen to approve the
extension of Conditional Use Permit #86-10 for one year ending April 14, 1988. The motion
carried by the following roll call vote:
A YES: 3 COUNCILMEVlBERS: Davis, Mullen & Kanel
NOES: 2 COUNCILME!VlBERS: Arnold & Coronado
ABSENT: o COUNCIL MEMBERS: None
In regard to Item #20, Consideration of Proposed Position Classification and Compensation
Plan Amendments, Councilwoman Arnold recommended that a typing speed of 70 wpm for
the Recording Secretary position would be consistent with private sector skills and the
proposed salary.
It was moved by Councilman Davis, seconded by Councilman Mullen and unanimously carried
to adopt the Resolution by title only, title as follows, amending the Position Classification
Plan and Basic Compensation Plan as outlined in the report, with the change in typing skill as
recommended by the City Council:
RESOLUTION NO. 3209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 975 BY ADDING THE CLASSIFICATION
OF RECORDING SECRETARY TO THE POSITION CLASSIFICATION
PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
CONSIDERATION OF PETITION OBJECTING TO THE DEVELOPMENT IN THE CITY OF
LOS ALAMITOS ON CERRITOS A VENUE, WEST OF DENNI STREET: Mr. Essex presented a
report dated March 4 which transmitted a citizens' petition and a report from the Planning
Director regarding the construction of a two-story office building at the southeast corner of
Cerritos A venue and Portal Drive in the City of Los Alamitos.
Mr. Arnold Haththotuwegama, 4264 Theresa Avenue, Cypress, stated that his privacy is
completely lost due to the construction of the three-story building.
The Associate Planner presented slides which showed the view of the office building from Mr.
Haththotuwegama's property. He reported that the rear wall of the homes is ahout five feet
in height, and the homes and office building are separated by about 150 feet.
It was the Council's consensus to direct the Mayor to send a communication to the City
Council of Los Alamitos protesting the intrusion on the privacy of Cypress residents due to
the building construction, requesting that they do whatever is within their power to provide
for some type of screening, such as window shades or landscaping, to restore the Cypress
residents' enjoyment of privacy, and requesting that they urge the building owner to be a
good neighbor to the Cypress residents.
Mr. Ray Guzman, 10488 Santa Clara, Cypress, reported that there is a Marriott Hotel truck
stop with 15 docks behind his home and he has complained to Marriott about the constant
activity and noise from large trucks and trailers. He reported that Marriott installed signs
for trucks not to use the residential street and this has alleviated much of the problem. He
stated that the new building will generate more traffic, and he suggested adoption of an
ordinance to prohibit additional deliveries and noise especially at night. Mr. Guzman asked if
there were appropriate landscaping and noise deterrent requirements for the new building.
Mayor Kanel asked that the development standards be investigated by staff.
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Mr. Fred Barker, 4244 Theresa, Cypress, stated that he moved to Cypress because it is a
quiet community and that in one year his neighborhood will be like living at Valley View and
Katella. He reported that the north side of Cerritos is increasingly being used for a truck
parking area, and for several days last week an 8,000 gallon liquid nitrogen tank was parked
on the north side of Cerritos behind his home. Mr. Barker stated that the development across
the street can have an undesirable effect on property values.
The Council requested that staff prepare a report on the proposed development and truck ~~
problems for the next meeting.
CONTINUATION OF CONSIDERATION OF THE STATUS OF THE LOS ALAMITOS GOLF
COURSE: Mr. Essex reported that he received a letter today from Hollywood Park which
indicated that they are not interested in discussing the golf course issue in a public forum hut
are willing to meet with a committee of Councilmembers or neighbors. Mr. Essex stated that
he asked Mr. Nungesser about the status and plans for the golf course and asked that a
representative of Hollywood Park attend tonight's meeting.
Mr. Jack Swank, 9849 Via Sonoma, Cypress, presented several magazines to the Council
containing articles on the Los Alamitos golf course. Mr. Swank indicated that Mr. Vessel's
last wishes were that the golf course and country club were to remain as a golf course
regardless of the profit or loss, and the citizens' group is committed and prepared to work to
make this come true. Mr. Swank reported that the golf course water has been turned off, the
greens have diseases and are not being mowed, the lakes have been drained and the golf
course is beginning to look bad.
Mr. Essex read the letter from Hollywood Park in which Mrs. Everett indicated they would be
willing to have a meeting with representatives of the City and Council to discuss any issues.
Councilman Coronado stated for the record that as long as he is on the Council he will not
support allowing Hollywood Park to sell their property or any rezoning request by a new
owner until the golf course issue is resolved to his satisfaction. Councilman Coronado
requested that the City Attorney conduct more research relative to the eminent domain law. ~
Mrs. Jane Wozniak, 4480 Avenida Grenada, Cypress, stated that the citizens want to know
what Hollywood Park intends to do with their property. She stated that the interested people
are not just a group of disgruntled golfers.
Mr. Don Sandefur, 5322 ffalifax, Cypress, presented 1985 statistical data on golfing facilities
nation-wide which indicated that Orange County has 4,052 people per public golf hole
compared to the national average of 2,052 people per public golf hole. He stated that nation-
wide Orange County is the second worst area, behind New York City, in the number of golf
courses per population.
Councilmembers Arnold and Kanel agreed to be on the Council committee to meet with
Hollywood Park and the Mayor requested that the City Manager, City Attorney and Planning
Director attend the meeting. He requested that staff try to schedule the meeting prior to
the next Council meeting.
Hearing no objections, the Mayor continued this item to the March 23 meeting.
CONTINUATION OF CONSIDERATION OF FINANCING PUBLIC IMPROVEMENTS WITHIN
THE CYPRESS BUSINESS PARK: The Public Works Director summarized staff reports dated
January 27 and February 17 which discussed establishment of the development fees. He
stated that it is staff's conclusion that a systems development fee is immediately needed in
the Business Park and the cost should be distributed on the basis of building square footage.
Using the anticipated build-out of 9,255,540 square feet, staff came up with a fee of $
.64/square foot. Mr. Beardsley stated that staff proposes at a later date to establish a -
benefit district to assess existing development.
Councilman Davis requested that the report be updated by addressing the deletion of the
flyover and Hollywood Park development, and that it identify what improvements will
replace the flyover. He expressed support for establishing an assessment district and
addressing the fees all at once so that it makes sense to everyone.
Responding to questions from Councilman Mullen, Mr. Beardsley indicated that staff would
like to take the first step and enact the development fees now to provide some mechanism
for funding public improvements which are needed during the pel'iod before the assessment
district is established. Mr. Beardsley responded to questions regarding proposed street
improvements and costs.
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Councilman Mullen requested that the item be continued for more study and suggested
holding a workshop meeting with property owners. Councilwoman Arnold requested that
staff develop clear cost estimates so that a proper assessment can be determined.
Mr. Steven Christy, 244 Loring Avenue, Westwood, representing Overton Moore & Associates,
stated that the facts and basis for the $ .64 fee have changed and the City should determine
the cost of improvements, what will replace the flyover, and what is happening with
Hollywood Park's development. He stated that the original 14 million square feet of
development has been decreased to 9 million, and the City should determine whether the
same improvements will be needed and whether they will cost as much. Mr. Christy stated
that every developer recognizes that the improvements will benefit them and they are willing
to pay their share. He stated that the workshop is an excellent suggestion. Mr. Christy
expressed concern that developments are not being equitably assessed. He pointed out that,
according to the report, sales and occupancy tax can be used to defray part of the cost of the
improvements yet they are not built into the projections as defraying any portions of the
costs. He stated that it would be preferable to have a portion of those funds earmarked so
that less is needed from other developers. Mr. Christy also felt that office buildings have a
lesser impact on City services than hotel and retail development.
Mr. Carl Robertson, representing Warland Investments, stated that he discussed some of his
concerns with staff last week and he will address them at the workshop meeting.
The City Council agreed to schedule the workshop meeting for Monday, March 30, at 6:30
p.m. Mayor Kanel continued this item to the next meeting.
CONTINUATION OF CONSIDERATION OF THE TEXACO TANK DEMOLITION PLAN
CLARIFICATION ON PROPOSED NEGATIVE DECLARATION: The Planning Director
presented a report dated March 3 requesting that the Council and Texaco agree to five
premises that are necessary to support a Negative Declaration. Mr. Essex stated that the
Council was provided with an updated checklist and the actual notice of intent will be filed if
the Council takes action tonight. The Planning Director reported that one change in the
Negative Declaration is a mitigation measure which now requires that a study be done on the
above ground pipes to show that there is no asbestos prior to Texaco being permitted to
demolish.
Mr. Lyn Liddell, Manager of Special Projects for Texaco U.S.A., stated that he submitted a
letter to the City addressing two issues that required more input from them, and he asked if
the letter was satisfactory. Mrs. Eynon stated that there are portions which don't interrelate
with the Negative Declaration that need to be worked out with Texaco outside of the
hearing. Mr. Liddell stated that the only unclear issue relates to the above ground piping
associated with the tanks. He stated that some of the piping is directly connected to the
tanks and those sections must be removed to effectively begin demolition of the tanks. Mr.
Liddell stated that because the insulation of the pipelines was not color coded, as is their
current practice, they must assume the possibility of the insulation being asbestos and so
their application included a procedure for the safe handling of the material. Mr. Liddell
stated that the EP A, Air Quality Management District and Cal-Osha have had occasion to
review Texaco's asbestos containment plan. He stated that he did not understand the City's
concerns and how they would be addressed later in any different fashion from the way they
are addressed now.
Councilman Mullen asked if there were changes to the mitigation measures and responses to
the checklist.
Senior Planner Holly Hamlin stated that after the last meeting she reviewed the initial study
and made minor changes to ensure that the Council's concerns were addressed in the study so
that the checklist would be consistent with the mitigation measures that staff prepared. She
reported that one minor change for clarification is that, if any appearance or identification
of any hazardous substance is found during demolition operations, the City is requiring that
these operations immediately cease, that the City and appropriate agencies be notified, and
that all parties then determine the next step to be taken. Another change that addresses the
Council's concern about the possibility of isolated piping being insulated with asbestos is a
requirement that, if Texaco wishes to remove the above ground pipes as part of this project,
they must first provide documentation that no asbestos is present. There is a requirement
that if any asbestos is detected, the pipes must remain in place until a further EIR is
prepared and City approval is granted.
Councilman Coronado asked how far asbestos particles could be carried by the wind.
Mr. Gary Carlin from Hydro-Tech stated that he would investigate the migration of
asbestos. He indicated that Hydro-Tech will probably hire a sub-contractor with expertise on
asbestos and their findings will be incorporated in the consultant's study.
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Councilman colnado requested that a City employee or a consultant knowledgeable about
asbestos be on site during the entire removal operation. Mr. Essex stated that the City could
seek proposals for a consultant. Be asked how long a person would be needed for inspection
on a constant basis if the tests show asbestos.
Mr. Liddell ;tated that Texaco can go throughout the tank farm and sample all of the above
ground piping associated with the tanks, and make the assessment in a couple of weeks.
Ms. Morey Finnell, attorney for Texaco, stated that according to Mr. Stockdale of Texaco it -
has been determined that none of the tanks have asbestos sheathing, and the only matter of
concern is the untested above ground pipes. She asked if the Council was going to prohibit
the continuation of removal of the pipes if asbestos is found or if they would allow removal
and just require further information and conditions.
The Planning Director stated that the City can immediately post the Negative Declaration,
the study can begin, and if there is an asbestos problem then staff will return to Council for
further direction on whether to stop the operation and require an EIR for the pipes, or else
adopt some mitigation measures that will address how the asbestos is to be removed.
The City Attorney stated that some of the positions in Texaco's March 4 letter will have to
be worked out between Texaco and staff. He asked that Texaco indicate their concurrence
to the premises in the March 3 staff report either tonight or at the hearing following the
posting of the Negative Declaration.
Mr. Liddell stated that they are unsure how their letter falls short and what the intent of the
language is in the March 3 staff report, and they would prefer to contact the City Attorney
and address this in writing.
It was moved by Councilman Mullen and seconded by Councilman Davis that the Council
amend their motion of February 23, 1987 regarding the Texaco Tank Demolition Plan to state
that: "The Council directs staff to prepare the documentation necessary to post the intent to
file a Negative Declaration. A Negative Declaration shall be posted subject only to the five
premises contained in the March 3, 1987 staff report which must be agreed upon by Texaco -
and the City of Cypress and so submitted for the record". The motion unanimously carried by
the following roll call vote:
A YES: 5 COUNCILMEIVTBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF POTENTIAL LITIGATION REGARDING THE
ISSUE OF INCOMPATIBILITY OF OFFICE: The City Manager presented a report dated
March 3 indicating that the item was continued from the last meeting.
Mr. Felix Lopez, 5661 Orange Avenue, Cypress, stated that many people are concerned about
this issue and he asked if the Council has decided to take action. Mayor Kanel advised him
that the item will be discussed in Executive Session.
EXECUTIVE SESSION: Mayor Kanel called an Executive Session at 12:15 a.m. for litigation
matters. The Council reconvened at 12:55 a.m. with all Members present.
Mayor Kanel explained the issues which were reviewed by the Council.
The City Attorney stated that he has been directed by the Council to send a letter to former
Councilman Lacayo requesting the return of funds paid to him by the City subsequent to the
time he assumed office on the Community College Board.
CONTINUATION OF CONSIDERATION OF EMPLOYER/EMPLOYEE NEGOTIA'fIONS: ~I!r. ".-
Essex presented a report dated March 3. The Mayor indicated that the item would be
discussed in Executive Session.
EXECUTIVE SESSION: Mayor Kanel caned an Executive Session at 1:00 a.m. for personnel
matters. The meeting was called back to order at 2:08 a.m. with all Councilmembers
present.
The Mayor continued this item to the March 23 meeting.
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) ELECTROSTATIC
PLATEMAKER, REQUEST FOR QUOTATION #8687-30: The Finance Director presented a
report dated February 26 indicating that bids were requested from five vendors and one bid
was received.
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City Council Minutes March 9, 1987
Councilwoman Arnold asked why only one bid was submitted and stated that she would like a
comparative cost figure.
It was moved by Councilman Mullen and seconded by Councilman Coronado to accept the bid
from Multigraphics, 1869 Manchester, Anaheim, and award them the contract to purchase
one (1) electrostatic platemaker in the amount of $10,284.70. The motion carried by the
following roll call vote:
A YES: 4 COUNCIL MEMBERS: Coronado, Davis, Mullen & Kanel
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: o COUNCIL MEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR VIDEO EQUIPMENT, REQUEST FOR
QUOTATION #8687-34: The Finance Director presented a report dated March 3 outlining the
bid results for eight items of video/audio equipment.
It was moved by qO'lncilman Mullen and seconded by Councilman Davis that the Council: (1)
accept the bid frolnBornstein Company, 22616 Victory Boulevard, Woodland Hills, on Item #1
and award them the contract for one (1) Audio Mixer in the amount of $610.56;
(2) accept the bid from Columbia Audio/Video, 1741 Second Street, Highland Park, Illinois, on
Item #2 and award them the contract for one (1) Video Recorder Deck in the amount of
$3,888.80;
(3) accept the bid from Hoffman Video Systems, 17752 Mitchell Street, Irvine, on Items #3
and #7 and award them the contract for one (1) Teleprompter and one (1) Headset in the
amount of $7,623.52;
(4) accept the bid from CMTV Inc., 1900 W. Burbank Boulevard, Burbank, on Items #4 and #5
and award them the contract for the Microphone and Dolly in the amount of $537.06;
(5) accept the bid from Metrovonics Inc., 3808 Catalina Street, Los Alamitos, for Item #6 and
award them the contract for one (1) pair of Studio Monitors in the amount of $631.76; and
(6) accept the bid from Photo and Sound Company, 3303 Harbor Boulevard, #E1, Costa Mesa,
for Item #8 and award them the contract for the Video Recorder in the amount of $491.84.
The motion unanimously carried by the following roll can vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: o COUNCILMEMBERS: None
CONSIDERATION OF AWAHD OF CONTRACT TO PROVIDE FOR A NETWORKED OFFICE
AUTOMATION SYSTEM AND PRIME COMPUTER UPGRADE: The Finance Director
summarized the report from the Administrative Coordinating Team dated March 2.
It was moved by Councilwoman Arnold and seconded by Councilman Coronado that the
Council: (1) approve a transfer of $20,183 from the unreserved fund balance of the General
Fund to the Internal Service Fund and appropriate $20,183 to Account #4497-90-656-35;
(2) authorize the Mayor to sign a Contract with Integrated Systems Group, Inc., 920 E.
Broadway, Glendale, California, to provide for a networked Office Automation System in the
amount of $145,182.40 as outlined in the staff report;
(3) approve a transfer of $51,350 from the unreserved fund balance of the General Fund to
the Internal Service Fund and appropriate $51,350 to Account #4851-90-656-35; and
(4) authorize the Mayor to sign a Contract with Prime Computer, Inc., 18401 Yon Karman
A venue, Suite 270, Irvine, California, to provide for a Prime Computer upgrade in the amount
of $51,350 as outlined in the staff report.
The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCIL MEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR BUS TRANSPORTATION FOR. THE
PARK DISTRICT EXCURSION PROGRAM, R.EQUEST FOR QUOTATION #8687-28: The
Recreation & Park Director presented a report dated February 26 listing three bids received.
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City Council Minutes March 9, 198/
Acting as the ex officio governing Board of Directors of the Cypress Recreation & Park
District, it was moved by Councilman Mullen and seconded by Councilman Davis to accept
the bid of Hot Doggers, 12110 E. Philadelphia, Whittier, as the lowest responsible bidder and
award them the contract for a period of one year. The motion unanimously carried by the
following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None -
CONSIDERATION OF A WARD OF CONTRACT TO RESURFACE TWO (2) TENNIS COURTS!
REQUEST FOR QUOTATION #8687-31: The Recreation & Park Director presented a report
dated February 27 listing two bids received.
Acting as the ex officio governing Board of Directors of the Cypress Recreation & Park
District, it was moved by Councilman Mullen and seconded by Councilman Davis to accept
the bid from David Paul Foster Construction, 2170 W. Broadway, #513, Anaheim, and award
them the contract to resurface two (2) tennis courts in the amount of $4,350.00. The motion
unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: o COUNCILMEMBERS: None
There being no objections, the Mayor continued the following items to the March 23 meeting:
Item #27 - Continuation of Consideration of City Council's Concerns Regarding the
Recent Brown Act Amendments;
Item #30 - Consideration of a Joint Meeting with the Cable TV Advisory Committee.
CONSIDERATION OF RESOLUTION SUPPORTING THE CYPRESS HIGH SCHOOL BAND
BOOSTERS IN OPPOSING THE ANAHEIM UNION HIGH SCHOOL DISTRICT BOARD OF
TRUSTEES' POLICY TO ELIMINATE TRIPS TO OTHER COUNTRIES: Mr. Essex presented a -
report dated March 4 which transmitted a Resolution opposing the Board's policy of not
allowing students to travel to outside countries on school-sponsored extracurricular
acti vi ti es.
It was moved by Councilman Mullen and seconded by Mayor Kanel to adopt the Resolution by
title only, title as follows:
RESOLUTION NO. 3210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE CYPRESS HIGH SCHOOL BAND BOOSTERS IN
OPPOSING THE ANAHEIM UNION HIGH SCHOOL DISTRICT BOARD OF
TRUSTEES' POLICY TO ELIMINATE TRAVEL TO OUTSIDE COUNTRIES
ON SCHOOL-SPONSORED EXTRACURRICULAR ACTIVITIES.
The motion unanimously cHrried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCIL1\1EMBERS: None
ABSENT: o COUNCILMEMBERS: None
CONSIDERATION OF INSURANCE COVERAGE FOR GIRL SCOUTS' ANNIVERSARY
CELEBRATION: The Assistant City Manager presented a report dated March 3 addressing
insurance coverage for the hot air balloon activity planned for the anniversary celebration on ~~,"".
March 12 at the Oxford School site. Mr. Barrett reported that the problem has been resolved
because another balloonist with adequate insurance has been found and the Girl Scouts will
provide adequate insurance for the overall event. He recommended that the item be
received and filed.
There being no objections, the Mayor received and filed the item.
CONSIDERATION OF APPOINTMENT TO THE CULTURAL Ak1'S COMMISSION,
RECREATION & COMMUNITY SERVICES COMMISSION, AND THE TRAFFIC
COMMISSION: Mr. Essex presented a report dated March 4 and submitted the names of the
top candidate for each Commission based on the Council's recommendations.
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f
City Council Minutes March 9, 1987
It was moved by Councilman Mullen and seconded by Councilman Davis that the Council
approve the appointment of the following persons for a four-year term: Sandra Allen to the
Cultural Arts Commission; Sheila Elkin to the Recreation & Community Services
Commission; and Ed Betar to the Traffic Commission. The motion unanimously carried by
the following roll call vote:
A YES: 5 COUNCILIVfEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
#19299 - #19529: It was moved by Councilman Mullen and seconded by Councilman Davis to
approve the Warrant List for Warrants #19299 through #19529 in the amount of
$988,269.11. The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCIL MEMBERS: None
ORAL COMMUN'ICATIONS: No Oral Communications were presented.
Mayor Kanel requested that an item be placed on the next agenda regarding beginning the
Council meetings at 6:30 p.m.
ADJOURNMENT: Mayor Kanel adjourned the meeting at 2:20 a.m. to 6:45 p.m. on Monday,
March 23, 1987, for a joint meeting with the Cypress Youth Commission.
A'T'TEST:
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CITY -" JERK "~HE ~. OF CYPRESS
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