Minutes 87-04-13
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
April 13, 1987
The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday,
April 13, 1987, in the Cypress City Council Chamber, 5275 Orange Avenue, Cypress,
California, by Mayor John Kanel.
PRESENT: Councilmembers Arnold, Coronado, Davis, Mullen &. Kanel
ABSENT: None
JOINT MEETING WITH THE CABLE TV ADVISORY COMl'v'I1'TEE: Committee Members
Martin, Philips, Hawkins, Osborne, Glass, Spurgeon, Swain, and Hamilton and Copley/Colony
representatives McCafferty and Petro were present. The Committee discussed their
recommendation for establishing a Cable Television Commission. Mrs. Spurgeon stated that
the Com mittee felt there would be an ongoing need for an advisory body to review cable TV
related items and report to the Council, and they felt more could be accomplished with a
permanent and smaller size group. The Committee suggested a commission similar to
Lakewood's which is strong and active and utilizes special interest committees who make
recommendations to the commission and City Council. Mrs. Spurgeon reported that
Lakewood's Educational Task Force initiated planning for the home~Tork hotline which has
been well received and involves two live broadcasts per week by teachers/tutors.
Councilman Mullen suggested that the Cable TV Commission be structured like other City
Commissions. Mr. Jim Petro, Hegional Manager for Copley/Colony, reported that he has
been involved with Costa Mesa's committee which is responsible for determining what types
of public access programming the citizens want and how to distribute franchise fees for
program m ing.
Mrs. Spurgeon stated that the proposed complaint bureau could arbitrate citizen complaints
that have not been resolved by Copley/Colony, without the need for involving the Council.
Councilman Davis stated that the greatest advantage of the Commission is that it could
become familiar with technical issues and the franchise provisions and the Council could act
on their recommendations. Mr. Glass recommended that the Commission oversee and
implement the public access channels and publicize their availability to the citizens. He
stated that the Commission needs to know what programming the public wants. Miss
McCafferty stated that the current complaint process works well and she would like to
maintain it on an informal basis.
Councilwoman Arnold asked if the programming (local origination/public access) could be
increased during the evening hours when people are home from work. Miss McCafferty
stated that the programming department is expensive and does not provide revenue and
requires manual play-back of programs. She stated that an increase is not possible this year
but may be possible in the future.
Mrs. Swain stated that the Cypress School District is interested in the tutoring programs on
cable and a Commission is needed to implement the idea. Mrs. Spurgeon stated that Cypress
could interconnect with the Lakewood or Long Beach program.
Mayor Kanel suggested that a subcommittee be formed and present recommendations on the
Cable TV Commission at the May 11 Council meeting and that the Council consider
appointments to the Commission at the May 26 meeting. The Mayor suggested that the
subcommittee be composed of the Committee Chairman and two representatives, Mr.
Barrett, Copley/Colony representatives and two Councilmembers. Mayor Kanel and
Councilman Davis offered to be on the subcommittee.
RECESS: Mayor Kanel recessed the meeting at 7:23 p.m. The meeting was called back to
order at 7:34 p.m. with all Councilmembers present.
Also present were Darrell Essex, City Manager/City Clerk, Mark Huebsch, City Attorney,
and staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilman Coronado led the pledge to the flag.
Mayor Kanel announced that the Council had just met with the Cable TV Advisory
Committee and they had discussed the possibility of forming a Cable TV Commission.
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City Council Minutes April 13, 1987
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any
matter not on the agenda.
Mr. Don Galloway, 5851 Lemon Avenue, Cypress, congratulated the Council on the fine
quality of cable TV service in Cypress and on the constructive environment for discussing
t cable TV issues. Mri Galloway stated that he is personally concerned with the status.of the
.. ,. ' Los Alamitos Race Track and surrounding property and felt there may be polarization within
the community which may lead to the race track being sold. Mr. Galloway stated that he and
many others do not want to lose the race track, and he requested that the Council assist in
bringing together the interested parties to resolve the problem. Mr. Galloway reported that
he spoke with track representatives recently about the possible sale of the property and they
are eager to resolve the issues. Mr. Galloway'! stated, that he is willing to demonstrate that
there are different interests besides the golfers who are concerned about loss of the race
track but that would not be a constructive use of time or money. Mr. Galloway stated that
the revenue from the race track cannot be replaced.
Mr. Jack Swank, 9849 Via Sonoma, Cypress, stated that the water at the golf course has been
cut off for two months. Mr. Swank requested that the Council take positive action to ensure
that citizens have a voice if and when a rezoning plan is submitted for the open space. Mr.
Swank requested that a City Charter amendment be placed on the ballot which would provide
that if the City Council rezones any open space or greenbelt areas in the PS Zone their
action would have to be ratified by a two-thirds vote of the citizens.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that Valley View Street hetween
the railroad tracks and south City limits, which was recently re-asphalted, is rough and
bumpy and he suggested that the same contractor not be used again. Mayor Kanel requested
a future report from the Public Works Director on this matter.
Councilman Coronado requested that the item regarding a Charter amendment he referred to
staff and placed on the agenda for the May 11 meeting. Councilman Mullen requested that
the City Attorney research the legal aspects of the proposal and submit his
recommendations.
Mrs. Claudia Martinique, 6361 Cantiles, Cypress, suggested that the Councilmembers use the
coffee thermoses on the podium.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-4,
ACUPRESSURE &. HERB STORE, 4552 LINCOLN AVENUE: Mayor Kanel opened the public
hearing. The Planning Director summarized a report dated April 3 indicating that the
application is to expand the existing acupressure and herb therapy business at 4552 Lincoln
Avenue. The business occupies a lease space of 1,200 square feet and the proposed expansion
will be to the adjacent 1,200 square foot lease space.
Mr. Tony Kim, 12740 Court Street, #B, Garden Grove, representing the applicant In Sook
Kim, stated that they are complying with the original conditions and hope the request will be
approved.
There were no other speakers in support or in opposition.
It was moved by Councilman Mullen and seconded by Mayor Kanel to close the public hearing
and approve Conditional Use Permit #87-4 subject to the 7 conditions recommended by staff.
Councilman Coronado asked how office visits to the acupressure business are handled, and
Chief Lowenberg responded. Chief Lowenberg reported that a police operative visited the 5
premises to ascertain the type of business, and his department is satisfied that the applicant
is operating a legitimate business. Council man Coronado raised concerns over the possibility
of the business being operated as a massage parlor. Councilman Mullen requested an
Executive Session for litigation matters.
EXECUTIVE SESSION: The Mayor called an Executive Session at 8:28 p.m. for litigation
matters. The Council reconvened at 8:40 p.m. with all Members present.
The City Attorney stated that, based on the discussion in the Executive Session, he
determined the closed session was justified, and the Council took no action on the item.
Mayor Kanel withdrew his second to the motion. The motion died due to lack of a second.
Councilman Davis stated that he did not, support the request for expansion since the business
. opened on December 29 and he saw no need to double it at this time.
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City Council Minutes April 13, 1987
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to close the
hearing and adopt the Resolution by title only, title as follows, denying Conditional Use
Permit #87-4 on the basis that the business is too new for the Council to be able to evaluate
the proposed expansion:
RESOLUTION NO. 3222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ....
DENYING CONDITIONAL USE PERMIT NO. 87-4.
Councilman Mullen stated that he accepted the rationale that the business is new and needs
time to prove itself before he supports an expansion.
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 COUNCILMEIVrBERS: None
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-6 AND
DESIGN REVIEW COMMITTEE #87-12, RETAIL CENTER AND CONVENIENCE MARKET
WITH OFFSITE BEER AND WINE SALES, 5491 CERRITOS A VENUE (NORTHWEST CORNER
OF CERRITOS A VENUE AND WALKER STREET): Mayor Kanel opened the public hearing
and the Planning Director presented a report dated April 3 describing the application to
construct a retail center including a convenience market with offsite beer and wine sales.
Staff recommended approval of the application.
Mr. Tim Sybart, representing the applicant T.W. Layman Associates, 19275 Sherman Way,
Canoga Park, spoke in support of the application and described architectural and site
improvements they would make. He stated that they feel there is a need in the area for a
retail convenience store and it will be a positive factor in the neighborhood.
Councilman Davis questioned whether a retail center is needed at this location and stated ~
that the City needs design standards for corner retail centers. He stated that, until the
Council takes a look at where it is going with regard to convenience markets, he was unsure
whether he could approve the application. He stated that there has never been a better time
to have a Planning Commission that will consider design review of projects. Mr. Sybart
expressed his opinion that there is a need for a convenience store at this location.
EXECUTIVE SESSION: Mayor Kanel called an Executive Session for litigation matters at
8:52 p.m. The meeting was called back to order at 9:01 p.m. with all Councilmembers
present.
The City Attorney stated that the closed session was held regarding possible litigation and no
decision was reached in the Executive Session.
Mr. Hubert Harwood, 23461 Vallarta Drive, Laguna Niguel, partner of Kenwood Development,
spoke in favor of the development application and stated that he and his partner feel the
center will provide convenience services, they are willing to accept the conditions, and they
are dedicated to doing a good job with the center.
Mr. Alvin Selnick, 5772 Newman, Cypress, stated that he is 100% in support of the
application and that it is an individual's right to purchase alcohol. He indicated that no other
use would be possible on the property.
The Mayor asked if anyone wished to speak in opposition.
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Rev. John McNeff, 4235 Dover Circle, Cypress, Pastor of the Cypress Park Baptist Church
located at 5471 Cerritos Avenue, spoke in opposition to the proposed beer and wine sales and
stated that the Church's main concern is that there may be an abuse of alcohol which would
affect their property and their preschool located a few feet away. Rev. McNeff reported
that beer cans, trash and litter are dumped by persons parking on their property, and there is
a problem with the alley between the two properties where juveniles hide. He stated that the
Church is concerned with the potential crime aspect conducive to this type of market
especially with the children next door. Rev. McNeff stated that they request denial of the
sale of beer and wine but they do not protest the convenience store.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that the City has a problem with too
many shopping centers being built with small businesses which become vacant. He suggested
that two large businesses be built on the property, rather than six small businesses.
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City Council Minutes April 13, 1987
Mrs. Dorann Garcia, 5732 Cathy Lane, Cypress, stated that the small businesses will become
vacant in a short time and there will be congestion problems because of inadequate parking.
Mr. Bob Chambers, representing the Circle K Corporation, 17781 Collins, Irvine, spoke in
rebuttal to the previous comments regarding potential litter, parking and crime problems.
, <
It was moved by Councilwoman Arnold and seconded by Councilman Davis to close the public
hearing and adopt the Resolution by title only, title as follows, denying Conditional Use
Permit #87-6:
RESOLUTION NO. 3223
A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CYPRESS
DENYING CONDITIONAL USE PERMIT NO. 87-6.
Councilwoman Arnold stated that the proposed use is inappropriate for the property because
. of traffic control inside and outside the parking lot, the difficult ingress/egress on the
property, and the inadequate space for large trucks which would be unsafe especially for the
children attending the adjacent school. Councilman Mullen stated that he did not support the
application because of the opposition of the Church. Councilman Coronado stated that the
property is unsightly, and the proposal is an attractive building plan. He suggested that the
applicant could meet with staff and discuss some type of wall or barrier that would mitigate
problems for the Church. He stated that the proposal is a viable plan and with more work it
could be acceptable to him. Mayor Kanel stated that a commercial center without beer and
wine sales could be built but may not be successful without the alcohol sales. He did not feel
a compromise could be worked out between the applicant and the Church.
The motion carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: 1 COUNCIL MEMBERS: Coronado
ABSENT: o COUNCILMEMBERS: None
It was moved by Councilman Mullen, seconded by Councilman Davis and unanimously carried
to receive and file Design Review Committee #87-12.
RECESS: The Mayor caned a recess at 9:46 p.m. The meeting was called back to order at
9:53 p.m. with all Councilmembers present.
Hearing no objections, the Mayor continued Public Bearings #3, 4, 5, 6 and 7 until after
discussion of Item #31 regarding the Stanton Storm Channel Berm.
CONTINUATION OF CONSIDERATION OF COMMUNICATION REGARDING THE BERM
ADJACENT TO THE STANTON STORM CHANNEL: Mr. Essex presented a report dated
April 8 and reported that a meeting was held with Warland to discuss the berm which was !
attended by Council men Davis and Kanel. He reported that the developer agreed to an
alternate type and density of landscaping to improve the sound and visual barrier, and the
Council received a copy of the proposal. Mr. Essex described the revised landscaping plan
and reported that it was reviewed in a meeting with representatives of the Cypress Village
Homeowners Association and it appeared satisfactory. He reported that there is no access
road but there is a fire road within the Business Park which is fenced off and inaccessible.
Councilman Davis reported that in his meeting with the single-family homeowners other
issues besides the berm arose which included the residents' concern about providing input in
the planning process, concern over the undeveloped property in the Business Park, and a
suggestion to reinstate the Planning Commission.
Mr. Brad Andrews, 11261 Montserrat, Cypress, stated that hopefully action will be taken with
regard to recreating the Planning Commission which should resolve some of the apparent
problems. He stated that the berm issue illustrates a problem with the system which does
not provide adequate communication between City planners and residents affected by
projects. He stated that the residents were not only concerned with the berm itself but also
with the process which resulted in the change from a full to a half-berm. Mr. Andrews stated
that the residents would like a commitment by the Council to a full berm for the remaining
projects to be developed on the Warland property especially behind the R-1 homes. The
residents also requested that the Council examine the existing berm behind Panasonic to
determine if it is adequate with regard to height and landscaping and meets the same
standards as the Mitsubishi berm. Mr. Andrews stated that many of the problems and last-
minute objections can be overcome with a Planning Commission or some means of
communication at an early stage. He stated that the single-family homeowners have no
objection to the revised landscaping plan if it is satisfactory to the Cypress Village
homeowners.
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City Council Minutes April 13, 1987
The Council discussed the suggestion for reinstating the Planning Commission and the matter
of improving the notification process and communication with residents. Councilwoman
Arnold suggested that some system be devised to provide the Council with more time to
review the agenda reports prior to the meeting, and the City Manager stated that staff could
study the matter.
Mr. Vern Gaede, 6652 Brewster Court, Cypress, Cypress Village Homeowners Association
board member, reported that there is divided opinion in the Association about the revised ';~
landscaping plan. He stated that he shared the concern about the lack of communication
with residents on this issue. He suggested that, if a sensitive issues arises which affects their
Association, the Association should hold several meetings, publish the issue in their
newsletter, and try to get input at the Board meetings before discussing the item with the
Council.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that the Cypress trees will provide a
visual barrier but may not provide a sound barrier. He stated that Planning Commissioners
are not elected or hired and he opposes a Planning Commission.
Councilman Davis requested that staff investigate the Panasonic berm.
Mr. Harold Diaz, 6121 Barbados, Cypress, reported that the Panasonic berm is about 8 feet in
height on the Panasonic property but diminishes in height easterly to about 5 feet in height
near the Jean Ellen property. Mr. Diaz stated that the new fence adjacent to the channel has
improved the appearance of the channel; he stated that there are no holes in the fence, the
channel is cleaner and there is no grafitti. He stated that the Planning Commission is a good
idea and would provide a forum for discussion to begin before an item comes to the Council
for a final decision. Mr. Diaz asked that the Council take action with regard to providing the
full berm.
It was moved by Councilman Mullen and seconded by Councilman Davis that the Council, as a
matter of policy, commit that the remaining berm to be developed be a full berm as planned,
and that there be no changes on the berm north of the homes. The motion unanimously ~"",,;,,"t'fii
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: VARIANCE #87-2 AND DESIGN REVIEW COMMITTEE #87-11, TW'O-
STORY RESIDENTIAL ROOM ADDITION WITH A 16% INCREASE IN THE MAXIMUM
ALLOWABLE LOT COVERAGE, 5703 LAKIA DRIVE: Mayor Kanel opened the hearing. The
Planning Director presented a report dated April 6 describing the proposed room addition and
variance request.
Mr. Don SchlensJ(er, 6263 Bataan, Cypress, the contractor, was present.
Councilman Coronado questioned whether approval of the variance would set a precedent or
constitute a special privilege. Staff reported that they are proposing a Zoning Ordinance
amendment which would allow this type of addition on optional design lots without a
variance. They indicated that other property owners in this neighborhood have constructed
additions on lots meeting the same criteria and approval of the subject variance would not be
a special privilege.
Mr. Schlensker stated that numerous homeowners in the neighborhood have constructed
additions and the applicant should be given the same option on his lot.
There were no other speakers in support or in opposition.
It was moved by Councilman Mullen and seconded by Councilman Davis to close the hearing
and adopt the Resolution by title only, title as follows, approving Variance #87-2 subject to
the conditions recommended by staff, and receive and file Design Review Committee #87-11:
RESOLUTION NO. 3224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING
ORDINANCE OF THE CI1'Y OF CYPRESS TO ALLOW A 16% INCREASE
IN THE MAXIMUM ALLOWABLE LOT COVERAGE - VARIANCE NO. 87-2.
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City Council Minutes April 13, 1987
The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBEHS: Arnold, Coronado, Davis, Mullen &. Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: o COUNCIL MEMBERS: None
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PUBLIC HEARING RE: PARCEL MAP #87-157,6000 CERRITOS AVENUE (SOUTHEAST
CORNER OF CERRITOS A VENUE AND V ALLEY VIEW STREET): Mayor Kanel opened the
hearing. The Planning Director presented a report dated April 3 describing the request to
divide an existing 3.33-acre parcel into two parcels containing 0.54 and 2.79 acres each on
property located at 6000 Cerritos A venue. The proposed Parcel 1 contains a service station
and Parcel 2 is vacant but has been approved as the location of an automotive services and
repair/retail center (C.U.P. 86-31).
Mr. Rick Shany of CSO Engineering, representing Milco Development, 3838 Cerritos, Los
Alamitos, stated that the staff report and conditions are satisfactory. He reported that the
service station will remain and the property owner will lease Parcel 2 to Milco.
There were no other speakers in support or in opposition.
It was moved by Councilman Coronado and seconded by Councilman Mullen to close the
hearing and adopt the Resolution by title only, title as follows, approving Parcel Map #87-157
subject to the 3 conditions recommended by staff:
RESOL UTION NO. 3225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 87-157 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, M:ullen &. Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: o COUNCILMEMBERS: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-8, TOGO'S EATERY, 6924
KATELLA AVENUE: Mayor Kanel declared the hearing open. The Planning Director
presented a report dated April 3 describing the application to establish a restaurant serving
deli sandwiches for both sit-down and take-out service anc'l including the on and offsite sale
of beer and wine. The site is located in the Cypress Fashion Plaza at the southwest corner of
Knott and Katella A venue.
Mr. Chris Carver, representing the applicants, reported that their sandwich restaurant has
101 locations, a certain portion of the business is take-out, and less than 296 of the gross is
beer and wine sales. He reported that the restaurant has an expensive interior and is not a
typical sandwich shop; they serve 30 types of sandwiches, there is seating for 76, and the
proposed hours are 10:30 a.m. to 9:00 p.m.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to close the
hearing and adopt the Resolution by title only, title as follows, approving Conditional Use
Permit #87-8 subject to the conditions recommended by staff:
RESOLUTION NO. 3226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 87-8 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMRERS: Arnold, Coronado, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-9, CIRINELLO'S RESTAURANT,
4552 LINCOLN A VENUE: Mayor Kanel opened the public hearing. The Planning Director
presented a report dated April 3 indicating that the application is to establish a restaurant
serving Italian food and beer and wine, providing both sit-down and take-out service. The
site is located in the Del Mar center near the southeast corner of Lincoln and Denni Street.
The Mayor asked if anyone wished to speak in support or in opposition. No one wished to
speak.
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City Council Minutes April 13, 1987
It was moved by Councilman Mullen and seconded by Councilman Coronado to close the
hearing and adopt the Resolution by title only, title as follows, approving Conditional Use
Permit #87-9 subject to the conditions recommended by staff:
RESOLUTION NO. 3227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 87-9 - WITH CONDITIONS.
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
CONSIDER.ATION OF COPLEY/COLONY'S REQUEST FOR USE OF INSTITUTIONAL
NETWORK CHANNELS: Mr. Essex presented a report dated April 6 indicating that
Copley/Colony is requesting permission to use six of the 17 channels reserved for the
Institutional Network. Staff requested that they be authorized to meet with Copley/Colony
for preliminary discussions regarding their request and report back to the Council at the May
11 meeting. Copley/Colony also indicated that they will be utilizing two unused channels of
the eight public access channels as allowed for in the franchise agreement.
Miss Denise McCafferty, General Manager for Copley/Colony, 5595 Corporate Drive,
Cypress, described their request and stated that they would like to add the six INET channels
to the subscriber network. She reported that they plan to add two shopping channels and are
studying other services such as Dodgervision. Miss McCafferty stated that they immediately
plan to use the two access channels on an interim basis until .1m amendment to the franchise
agreement is worked out for use of the INET channels.
It was moved by Councilman Mullen and seconded by Councilman Coronado that the Council
authorize staff to commence discussions with Copley/Colony Cahlevision on the use of the
Institutional Network channels for subscriber services. The motion unanimously carried by f*""l_
the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
Mr. Lloyd Hexum, 6171 Barbados, Cypress, expressed interest in receiving the C-Span 2
channel which covers the U.S. Senate.
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING OR DINANCE
#87-2: Mayor Kane! opened the hearing'. The City Manager presented a report dated April 8
indicating that the hearing was continued from the March 23 meeting at the request of
Councilman Davis. The amendment would provide for a minimum structural lot coverage for
existing dwellings on optional design lots of record in the RS-6000 Residential Single-Family
Zone.
The Mayor asked if anyone wished to speak in support or in opposition to the amendment.
There were no speakers.
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:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 9.2, PHOPERTY DEVELOPMENT STANDARDS:
RESIDENTIAL ZONES OF ORDINANCE NO. 640, THE ZONING
ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS AMENDMENT TO
THE ZONING ORDINANCE NO. 87-2.
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
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City Council Minutes April 13, 1987
CONTINUATION OF CONSIDERATION OF A NO SMOKING ORDINANCE IN CYPRESS: Mr.
Essex presented a report dated April 8 indicating that the item was continued from the
March 23 meeting.
Mayor Kanel presented statistics on cigarette smoking and indicated that he was interested
in a smoking ban for reasonable areas such as office buildings, large restaurants and sports
stands. He requested that staff prepare a draft ordinance within a month that incorporates
the best features of other no smoking ordinances.
Mr. Alvin Selnick, 5772 Newman, Cypress, spoke in favor of a person's right to smoke and
stated that he opposes a smoking ordinance for restuarants and businesses.
Councilman Mullen stated that he supports the ban in the Council Chamber and perhaps other
City buildings but he will not support a smoking regulation on private property unless there is
a public demand. He stated that he was in favor of having staff prepare the ordinance.
It was moved by Mayor Kanel and seconded by Councilman Coronado to refer the item to
staff for preparation of the draft ordinance. The motion unanimously carried by the
following roll call vote:
A YES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBEHS: None
ABSENT: o COUNCIL MEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE INS'T'ALLATION OF ACOUSTICAL
WALL PANELS AND ACOUSTICAL CEILING TILES AT THE POLICE DEPARTMENT
EMERGENCY OPERATIONS CENTER - REQUEST FOR QUOTATION #8687-90, CITY OF
CYPRESS PROJECT #8715-90: The Public Works Director presented a report dated April 3
indicating that bids were mailed to six contractors and only one bid was submitted which was
42% above the Engineer'S estimate. Staff recommended that the bid be denied and that City
personnel perform the work.
It was moved by Councilman Mullen and seconded by Councilman Coronado to: (1) deny the
bid of Tucker Construction, 327 Marine Avenue, Newport Beach, California; and (2) authorize
the City to purchase materials, not to exceed $8,000, and use City forces to install acoustical
wall panels and acoustical ceiling tiles at the Police Department's Emergency Operations
Center. 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 MISCELLANEOUS IRRIGATION
SUPPLIES, REQUEST FOR QUOTATION #8687-41: The Finance Director presented a report
dated April 6 listing 7 bids received. Councilman Davis stated that he wiD abstain on this
item because Coast Irrigation Supply, Inc. is one of his clients.
It was moved by Councilman Coronado and seconded by Councilman Mullen to split the award
of contract for the purchase of irrigation supplies between the two lowest bidders and award
one contract to Coast Irrigation Supply, Inc., 31245 "A" LaBaya Drive, Westlake Village,
California, in the amount of $2,818.66 and award a second contract to Coast Turf &. Utility
Supply, P.O. Box 66002, Anaheim, California, in the amount of $1,836.72 resulting in a total
expenditure of $4,655.38. The motion carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Coronado, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBEHS: None
ABST AININ G: 1 COUNCILMEMBERS: Davis
CONSIDERATION OF AWARD OF CONTRACT FOR PARKING MANAGEMENT PROGRAM,
REQUEST FOR QUOTATION #8687-29: The Police Chief presented a report dated March 30
listing 4 bids received.
It was moved by Councilman Mullen and seconded by Councilman Coronado to accept the bid
~ from Vertical Management Systems, 18700 Beach Boulevard, Suite 110, Huntington Beach,
, California, and award them the contract for a period of one year at a cost of $ .78 per
! citation. The motion unanimously carried by the following roll call vote:
i
I A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen &. Kanel
, NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
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City Council Minutes April 13, 1987
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.
Councilman Coronado stated that he will abstain on Item #25, Consideration of Issuance of
Request for Proposal for Video Engineering Services.
It was moved by Councilman Mullen and seconded hy Councilman Davis to approve Consent
Calendar Items #11 through #30, with Councilman Coronado abstaining on Item #25. The
motion unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen &. Kanel
NOES: o COUNCILlVIEMBERS: None
ABSENT: o COUNCILMEMBERS: None
Item #11: Motion to Approve the March 23, 1987 City Council Minutes.
Recommendation: 1'hat the City Council approve the Minutes of March 23, 1987, as
submitted with an abstention vote by Councilman Coronado due to his absence at the
meeting.
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 an Application for Alcoholic Beverage License Transfer Filed by
Benito A. Signorello and Laura S. Smith, DBA Ceasar's, 4455 Cerritos Avenue, Cypress.
Recommendation: Receive and file.
Item #14: Consideration of an Application for an Original Alcoholic Bevera~e License Filed
by Maria &. Mario Pi carelli, DBA Cirinel1o's Festaurant, 4552 Lincoln Avenue, Suite 101,
Cypress.
Recommendation: That the City Council receive and file this application contingent upon
the approval/disapproval of Conditional Use Permit #87-9 which is the subject of a Public
Hearing scheduled for the Council meeting of April 13, 1987.
Item #15: Consideration of an Application for an Original Alcoholic Beverage License Filed
by Arthur D. &. Vicki L. Greenlund, DBA Togo's Eatery, 6924 Kate~la Avenue, Cypress.
Recommendation: That the City Council receive and file this application contingent upon
the approval/disapproval of Conditional Use Permit #87-8 scheduled to be considered by the
City Council at its meeting of April 13, 1987.
Item #16: Consideration of an Application for Alcoholic Beverage License 1'ransfer Filed by
Nabarun Paul, Helmi AU SUleiman, and Shekh M. Yousuf, DBA Lincoln Market, 5177 Lincoln
Avenue, Cypress.
Recommendation: Receive and file.
Item #17: Consideration of Claim Filed by Kelly Cecilia Reynolds.
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 #18: Consideration of Proclaiming April 13 - 20, 1987, as "Safe Place Week".
Recommendation: That the Mayor and City Council officially proclaim April 13 - 20, 1987,
as "Safe Place Week" in the City of Cypress.
Item #19: Consideration of Proclaiming April 26 - May 3, 1987, as "Days of Remembrance of
the Victims of the Holocaust".
Recommendation: That the Mayor and City Council officially proclaim April 26 - May 3,
1987, as the "Days of Remembrance of the Victims of the Holocaust" and schedule the
presentation of a commemorative observance program at 6:30 p.m. on April 27, 1987.
Item #20: Consideration of Monthly Investment Report for the Month of February 1987.
Recommendation: Receive and file.
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City Council Minutes April 13, 1987
Item #21: Consideration of Proclaiming Saturday, May 2, 1987, as "Kiwanis Walk for Sight
Day" .
Recommendation: That the Mayor and City Council officially proclaim Saturday, May 2,
1987, as "Kiwanis Walk for Sight Day" in the City of Cypress as requested.
Item #22: Consideration of Proclaiming April 26 - May 2, 1987, as "Victims' Rights Week".
Recommendation: That the Mayor and City Council officially proclaim April 26 - May 2,
1987, as "Victims' Rights Week" in the City of Cypress.
Item #23: Consideration of Recommendations of Traffic Commission Meeting of March 17,
1987.
Recommendation: That the City Council approve the recommendation of the Traffic
Commission and adopt a Resolution by title only, title as follows, approving the in.,tallation
of "Stop" signs on Watson Street at Bishop Street to make this intersection a 2-Way Stop:
RESOL UTION NO. 3228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A TWO-WAY SIGN FOR WATSON STREE'J' AT BISHOP
S1'REET.
Item #24: Consideration of Claim Filed by Sharon Gail Baca.
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 #25: Consideration of Issuance of Request for Proposal for Video Engineering Services.
Recommendation: That the City Council, with Councilman Coronado abstaining, authorize
the issuance of the Request for Proposal for video engineering services.
Item #26: Consideration of Personnel File Records Purge - Police Department.
Recommendation: That the City Council authorize destruction of the previously named
Police Department personnel records in accordance with Government Code Section 34090.5
and City Council Resolution No. 2338 dated February 9, 1981.
Item #27: Consideration of Resolution from the City of Newport Beach Supporting the Use
of Practices that Minimize Hazardous Waste and the Preparation of a Hazardous Waste
Management Plan by the County of Orange Pursuant to AB 2948, the Tanner Bill.
Recommendation: That the City Council adopt a Resolution by title only, title as follows,
supporting the use of practices that minimize hazardous waste and the preparation of a ,I
Hazardous Waste Management Plan by the County of Orange pursuant to AB 2948, the Tanner ;,~~
Bill:
RESOLUTION NO. 3229
A HESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE USE OF PRACTICES THAT MINIMIZE HAZARDOUS
WASTE AND THE PREPARATION OF A HAZARDOUS WASTE
MANAGEMENT PLAN BY THE COUNTY OF ORANGE PURSUANT 1'0
ASSEMBL Y BILL NO. 2948.
Item #28: Consideration of Modification of Cypress Corporate Center Landscape \~';i, '
Maintenance District No.1 for the Landscaped Berm on the North Side of the Stanton
Channel - City of Cypress Project #8615-90.
Recommendation: That the City Council adopt the Hesolution by title only, title as follows, , "
ordering the City Engineer to prepare a report concerning modification of Cypress Corporate
Center Landscape Maintenance District No.1 for the maintenance of the landscaping and
irrigation system on the berm on the north side of the Stanton Channel:
:,<,
RESOLUTION NO. 3230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ORDERING 'J'HE PREP AR19I'10N OF A REPOR1' IN CONNECTIOf\T WITH
THE MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE
MAINTENANCE DISTRICT NO. 1.
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City Council Minutes April 13, 1987
Item #29: Consideration of Study to Amend the Cypress Zoning Ordinance to Create
Minimum Property Maintenance Standards for Commercial and Industrial Properties.
Recommendation: Receive and file.
Recreation &. Park District Matters:
<fl"""'.
Item #30: Consideration of Proposed New Classes and Fees.
Recommendation: That the City Council, acting as the ex officio governing Board of
Direetors of the Cypress Recreation &. Park District, approve the proposed two new
classes/workshop and fees as outlined in the staff report.
CONTINUATION OF CONSIDERATION OF CITY COUNCIL'S CONCER.NS REGARDING THE
RECENT BROWN ACT AMENDMENTS: It was moved by Councilman Mullen, seconded by
Councilman Davis and unanimously carried to continue this item to the April 27 meeting.
CONTINUATION OF CONSIDERATION OF DESIGN CRITERIA FOR SMALL COMMERCIAL
DEVELOPMENTS IN THE CG COMMERCIAL GENERAL AND CN COMMERCIAL
NEIGHBORHOOD ZONES OF THE CITY OF CYPRESS: It was moved by Councilman Mullen,
seconded by Councilwoman Arnold and unanimously carried to continue this item to the April
27 meeting.
CONTINUATION OF CONSIDERATION OF CHANGE IN COUNCIL MEETING TIME: At
Councilman Mullen's request and hearing no objections, the Mayor continued this item to the
April 27 meeting.
CONTINUATION OF CONSIDERATION OF THE CULTURAL ARTS COMMISSION TERMS:
Mr. Essex presented a report dated April 8 which transmitted the Commission's
recommendation to establish staggered terms of office and indicated that Commissioner
Wayne Nelson has submitted his resignation.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to approve the
staggered terms of office as recommended by the Cultural Arts Commission. 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 COUNCILJVfEMBERS: None
Mr. Essex stated that staff has a list of ~omrnission applicants who were previously ranked
by the City Council. The Council requested that staff place an item on the next agenda
regarding the Commission vacancy.
CONTINUATION OF CONSIDERATION OF SENIOR CITIZENS COM:MISSION
APPOINTMENTS: Mr. Essex presented a report dated April 8 and indicated that an
application for the alternate position was submitted by Nellie Noe.
It was moved by Councilman Mullen and seconded by Councilman Coronado to appoint Nellie
Noe as alternate to the Senior Citizens Commission. 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
1l'''''~'.
CONSIDERATION OF THE SENIOR CITIZENS AFFORDABLE HOnSING PROJECT AND THE
ACQUISITION OF THE CYPRESS SCHOOL DISTRICT PROPERTY: l\1r. Essex presented a
report dated April 8 and indicated that l\1r. Brooks Ridder-White was not present at tonight's
meeting. He stated that the City is committed to the escrow timeframe hy Resolution and
there should be no impact on the HUD grant or any legal problem. The City Attorney stated
that HUD would like the City to have site control.
Hearing no objections, the Mayor continued this item to the April 27 meeting.
CONSIDERATION OF DISCUSSION OF VEHICULAR TRAFFIC PROBLEMS ON HOLDER
STREET, BETWEEN ORANGE AVENUE AND BALL ROAD: There heing no objections, the
Mayor continued this item to the April 27 meeting.
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379
City Council Minutes April 13, 1987
CONSIDERATION OF AMENDMENT TO DESIGN REVIEW COMMITTEE #85-41, MONUMENT
SIGN FOR NAUGLES RESTAURANT, 4450 LINCOLN AVENUE: The Planning Director
summarized a report dated April 3 regarding the status of the monument sign at Andy's Place
Restaurant, formerly tbe Naugles Restaurant. Staff recommended that the amendment be
denied and that the sign be removed.
It was moved by Councilman Mullen and seconded by Councilman Coronado to deny the
Amendment to Design Review Committee #85-41.
Councilman Davis mentioned the various types of nonconforming signs along Lincoln Avenue
and suggested that the City start enforcing the sign ordinance. Staff indicated that an
infraction program may be needed. Councilman Coronado reported that the sign on the
theater on Walker Street is falling down and is an eyesore. Mrs. Eynon stated that a property
maintenance ordinance could resolve such problems.
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 COUNCIL MEMBERS: None
I C,ONSIDERATION OF NEWSLETTER ARTICLES: 1VIr. Essex presented a report dated April 7
which transmitted articles for the next newsletter. Councilman Davis stated that he would
request some changes. Mayor Kanel suggested that the Council submit changes to the City
Manager.
CONSIDEHATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
#19792 - 20050: It was moved by Councilman Mullen and seconded by Councilman Davis to
approve the Warrant List for Warrants #19792 through 20050 in the amount of $574,053.50.
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
EXECUTIVE SESSION: Mayor Kanel called an Executive Session at 11:53 p.m. to discuss the
following personnel and litigation matters:
Item #38 - Continuation of Consideration of Employer/Employee Negotiations;
Item #42 - Consideration of Letter of Resignation from the City Attorney; and
Item #45 - Consideration of Possible Litigation Settlement in Pending Action Before
the West Orange County Municipal Court.
co.
The Mayor called the meeting basic Uo order at 12:45 a.m. with all Councilmembers present.
In regard to Item #38, it was moved by Councilman Mullen and seconded hy Councilman
Davis to adopt the Resolution by title only, title as follows, establishing salaries and working
conditions for the City employees represented by the Cypress Public Safety Employees'
Association outlined in the staff report:
RESOLUTION NO. 3231
A RESOLUTION OF THE CI1'Y COUNCIL OF THE CITY OF CYPRESS
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CYPRESS AND THE CYPRESS PUBLIC SAFETY EMPLOYEES'
ASSOCIATION CONCEHNING WAGES, SALARIES, FRINGE BENEFITS
AND CONDITIONS OF EMPLOYMENT.
The motion c~rried by the following roll call vfte:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: o COUNCILMEMBERS: None It'
In regard to Item #45, the City Attorney reported that the City Council has authorized
settlement in the Hebert case and his office will proceed with the settlement.
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380
City Council Minutes April 13, 1987
~.c....
In regard to Item 142, it was moved by Councilman Mullen. seconded by Councilman
Coronado and unanimously carried to accept the resignation of Mr. Mark Huebsch as City
Attorney effective April 27, 1987.
ADJOURNMENT-: Mayor Kanel adjourned the meeting at 12:48 a.m. to 6:30 p.m. on Monday,
April 27, 1987.
MAYOR ' YPRESS
ATTEST:
1/'
cwttdfl{(;I~~OF CYPRESS
7M:~~
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