Minutes 87-05-11
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394
MINUTES OF REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
May 11, 1987
The regular meeting of the Cypress City Council was called to
order at 5:30 p.m. on Monday, Ma y 11, 1987, in the Cypress City
Counc i 1 Chamber, 5275 Orange Avenue, Cypress California, Mayor
John Kanel presiding.
PRESENT: Councilmembers Arnold, Coronado, Da vis, Mullen
and Kanel
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City
Attorney Jerry Patterson and Assistant City Manager David
Rarrett.
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.
The City Manager advised that the sewer problem at 5452 Wicker
Drive had been resolved; therefore, requested that Item No. 25 be
removed from the Consent Calendar and received and filed.
It was moved by Councilman Coronado and seconded by Arnold to
approve Consent Calendar Items #7 through #27 with the exception
of Item #25. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #7: Motion to Approve City Council Minutes of the Regular
Meeting of April 27, 1987.
Recommendation: That the City Council approve the Minutes of
April 27, 1987 as submitted, with an abstention vote by
Councilman Coronado due to his absence at the meeting.
Item #8: Motion to Introduce and/or Adopt All Ordinances
presented for Consideration by Title Only and to Waive Further
Reading.
Item #9: Consideration of a Request From the St. Irenaeus Fiesta
Committee for Waiver of Fees for the St. Irenaeus Catholic
Church's Annual Fiesta.
Recommendation: That the City Council grant the request to waive
all required fees for the St. Irenaeus Catholic Church's 24th
annual Fiesta to be held on June 20 and 21, 1987, with the
condition that no-fee building and electrical permits be obtained
for carnival activities.
Item #]0: Consideration of Proposed Emergency Ambulance Rates.
Recommendation: That the City Council support the proposed
maximum emergency ambulance rates as recommended by the County
Health Care Agency/Emergency Medical Services and the Emergency
Medical Care Committee as outlined in the communication dated
April 22, 1987.
Item #11: Consideration of Claim Filed by Jeffrey S. Smi tho
Recommendation: That the City Council officially reject the
subject claim and refer it to the City's Claims Administrator,
Carl Warren & Co., for appropriate disposition.
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City Council Minutes ~tay 11, 1987 395
Item #12: Consideration of Proclaiming May 13, 1987, as the "Day
of the Teacher. "
Recommendation: That the Mayor and City Council officially
proclaim May 13, 1978, as the "Day of the Teacher" in the City of
Cypress.
Item #13: Consideration of Proclaiming May 17 - 23, 1987, as
"Public Works Week".
Recommendation: That the Mayor and City Council officially
proclaim May 17 - 23, 1987, as "Public Works Week" in the City of
Cypress.
Item #14: Consideration of Proclaiming May 17 - 23, 1987, as
"Traffic Safety Week".
Recommendation: That the Mayor and City Council officially
proclaim the week of May 17 - 23, 1987, as "Traffic Safety Week"
in the City of Cypress as requested.
Item #15: Consideration of an Application for Alcoholic Beverage
License Transfer Filed by Barry L. Boese I, D.B.A. Cypress Family
Billiards, 7287-89 Ball Road, Cypress.
Recommendation: Receive and file.
Item #16: Consideration of Confirming the Appointment of
Councilman Gerald Mullen to the State League of California
Cities' Transportation and Public Works Committee.
Recommendation: That the City Council confirm the appointment of
Councilman Gerald Mullen to the State League of California
Cities' Transportation and Public Works Committee and authorize
reimbursement of all necessary and actual expenses incurred.
Item #17: Consideration of Establishing an Underground Utility
District on Lincoln Avenue (Underground Utility District No. 5),
City of Cypress Project No. 8749-90.
Recommendation: That the City Council authorize staff to notify
Southern California Edison Company that the City intends to
establish an underground utility district on Lincoln Avenue
between Moody Street and the west City boundary line for
anticipated implementation in calendar year 1988.
Item #18: Consideration of Traffic Conditions Affected by the
Cypress Business Park Development.
Recommendation: That the City Council defer the presentation of
a report on traffic conditions as requested on November 14, 1983,
and allow the Director of Public Works to include this data in
the study currently underway by Basmaciyan-Darnell, Inc.
Item #19: Consideration of Acceptance of the Construction
Contract for the Removal of Street Trees and Repair of Curb,
Gut ter, Driveways, and Sidewalk for Various Streets in the City,
Project No. 8717-90.
Recommendation: That the City Council: 1) Approve the contract
change from the original contract award to Pineo Construction
Company of $186,534.03 to the final cost of $188,494.33; 2 )
Accept the construction contract for the Removal of Street Trees
and Repair of Curb, Gutter, Dr i veways, and Sidewalk for Various
Streets in the City, Project No. 8717-90, as being satisfactorily
completed in accordance with the Plans and Specifications; and 3)
Authorize the City Clerk to release the Labor and Material Bond
upon expiration of the required lien period, providing no liens
have been filed, and to release the Faithful Performance Bond
upon expiration of one year's guarantee, providing no defects in
material or workmanship become evident.
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City Council Minutes May 11, 1987
Item #20: Consideration of Recommendations of Traffic Commission
Meeting of April 21, 1987.
Recommendation: That the City Council approve the
recommendations of the Traffic Commission as follows: 1) Adopt a
Resolution by title only, title as. follows, establishing a "No
Parking" zone on the south side of Orangewood Avenue, west of
Halawa Lane and adjacent to the crosswalk at Myra Avenue and
Barbara Anne Street.
RESOLUTION NO. 3237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A "NO PARKING" ZONE ON THE SOUTHS IDE OF
ORANGEWOOD AVENUE, 190' WEST OF HALAWA LANE, AND ADJACENT TO
THE CROSSWALK AT MYRA AVENUE AND BARBARA ANNE STREET.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #21: Consideration of Employment List - Account Clerk I.
Recommendation: That the City Council certify the Employment
List for the position of Account Clerk I as submitted.
Item #22: Consideration of Proposed Position Reclassification
and Position Classification Plan Amendments.
Recommendation: That the City Council adopt the Resolution by
title only, title as follows, approving the reclassification of
Maintenance Worker II - Spray Crew Leader to Maintenance Worker
III and amending the Class Specifications of Maintenance Worker
II and Maintenance Worker III of the Position Classification Plan
as outlined in the report.
RESOLUTION NO. 3238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 975 BY AMENDING CERTAIN CLASS
SPECIFICATIONS OF THE POSITION CLASSIFICATION PLAN FOR
EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #23: Continuation of Consideration of Study to Amend the
Cypress Zoning Ordinance to Create Minimum Property Maintenance
Standards for Commercial and Industrial Properties.
Recommendation: That the City Council direct staff to form a
Task Force to establish policies and procedures for a property
maintenance ordinance as well as for the entire code enforcement.
Item #24: Consideration of Approval of City Engineer's Report
for Cypress Corporate Center Landscape Maintenance District No. 1
and Declaring Intention to Order the Modification of Said
Maintenance District No. 1, Bounded on the North by Katella
Avenue, on the East by Knott Street, on the South by the Stanton
Channe l, and on the West by Valley View Street, City of Cypress
Project No. 8615-90.
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City Council Minutes !1ay 11, 1987' 39'7
Recommendation: That the City Council: 1) Adopt the Resolution
by title only, title as follows, approving the City Engineer's
Report, dated May 1987, for Cypress Corporate Center Landscape
Maintenance District No. Ii and 2) Adopt the Resolution, by ti tIe
only, title as follows, declaring its intention to order the
modification of Cypress Corporate Center Landscape Maintenance
District No. 1, pursuant to the Landscaping and Lighting Act of
1972.
RESOLUTION NO. 3239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING THE CITY ENGINEER'S REPORT FOR
CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.
1.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado,
Da vis, Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RESOLUTION NO. 3240
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE
MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE
MAINTENANCE DISTRICT NO. 1 FIXING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO.
The motion unanimously carried by the following roll call vote:
AYES 5 COUNCILMEMBERS: Arnold, Coronado, Da vis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
.Item :/t26: Consideration of Confirmation of Appointment of Melody
Major to the Cypress Youth Commission.
Recommendation: That the City Council officially confirm the
appointment of Melody Major to the Cypress Youth Commission.
Item :/t27: Consideration of Donation of $150 From the California
Handlers Advance Obedience School - C.H.A.O.S.
Recommendation: That the City Council, acting as the ex officio
governing Board cf Directors of the Cypress Recreation and Park
District, formally accept the donation in the amount of $150 from
the California Handlers Advanced Obedience School (C.H.A.O.S.),
and appropriate $150 from the General Fund to Account No. 4104-
. ,
12-301-10 for the purchase of tables and other equIpment for
Arnold/Cypress Park.
CONSIDERATION OF AWARD OF CONTRACT TO SANDBLAST STRIPING AND
REMOVAL OF PAVEMENT MARKERS, REQUEST FOR QUOTATION NO. 8687-45:
The Finance Director presented a report dated May 4 listing six
(6) bids received.
It was moved by Councilman Coronado and seconded by Councilman
Davis that the City Council accept the bid from Western
Sandblasting, Inc. , 4521 W. 1st Street, Santa Ana, California
92703 as the lowest responsible bidder and award a contract to
this contractor to sandblast striping and remove pavement markers
on Walker Street in the amount of $3250.00.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: o COUNCILMEMBERS: None
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THE MAYOR CALLED FOR AN EXECUTIVE SESSION AT 5:48 P.M. TO
DISCUSS:
Item #34: Consideration of the Proposed Modifications to the
City of Cypress' General Plan, Requiring the Vote of the People
to Change Property Zoned PS.
AND
Item #37: Consideration of Possible Litigation Settlement in ...~
Pending Action Before the Orange County Superior Court.
THE COUNCIL MEETING RECONVENED AT 7:31 P.M. WITH ALL COUNCIL
MEMBERS PRESENT AND WITH THE ADDITION OF THE FOLLOWING STAFF
MEMBERS: Beards ley, DeCarlo, Eynon, Hurst, Leonard and
Lowenberg.
The Mayor announced that future meetings of the City Council will
convene at 5:30 p.m. on the second and fourth Mondays of the
month.
fLEDGE OF ALLEGIANCE: Councilman Davis led the pledge to the
flag.
The Mayor introduced the new City Attorney, Jerry Patterson, for
the benefit of those who were not in attendance at the last
meet ing.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak
in regard to any matter not on the agenda. No one wished to
speak.
PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT #87-2,
CONSTRUCTION OF SWIMMING POOL AT MOTEL, 5311 LINCOLN AVENUE:
Mayor Kanel opened the hearing and stated there.was a request to
continue this Amendment.
It was moved by Councilman Mullen and seconded by Councilman
Davis to continue the Amendment to Conditional Use Permit No. 87-
2 to the Council Meeting of May 26, 1987.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING RE: VARIANCE #87-4 AND DESIGN REVIEW COMMITTEE
NO. 87-14 DENTAL OFFICE/RETAIL BUILDING, 9032 WALKER STREET:
The Mayor opened the Public Hearing and called upon staff to
present its report. Mr. Essex stated since the report of April
29, 1987, staff was suggesting a change in that recommendation
and called on Chris Eynon.
Ms. Eynon stated that Staff is requesting that this item be
referred to the Traffic Commission for review prior to Council's
consideration as there have been some concerns addressed
regarding the access to the site.
It was moved by Councilman Mullin and seconded by Councilman
Davis to continue Variance No. 87-4 and Design Review Committee
No. 87-14 Dental Office/Retail Building to the June 8, 1987
meeting.
This motion was unanimously carried by the following roll call
vote.
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes May 11, 1987 399
PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-9
EXPANSION OF MITSUBISHI ELECTRIC BUILDING, 5757 PLAZA DRIVE:
Mayor Kanel opened,the ~earing and requested staff to present its
report. The PlannIng DIrector summarized a report dated April
30, 1987, describing the request to construct Phase II of the
Mitsubishi Electric building located on the North side of Plaza
Dr. between Walker street and Valley View Street, in the PC-3
(McDonnell Douglas) Planned Community Commercial/Light Industrial
Zone. According to the requirements of. the California
Environmental Quality Act, a Negative Declaration was filed for
this Project. The Planning Director stated that basically the project proposes
the construction of a two story office building as an addition,
(32,320 square feet) to be constructed along the northeast end of
the existing building. The initial building was approved by the
City Council on April 9, 1984 for approximately 375,000 square
feet of warehouse/manufacturing and office building. Currently,
it has been built out to 306,729 square feet. The proposed
expansion is consistent with the original conditional use permit
and they are providing additional parking which will be
consistent with the parking requirements for this zone.
Notices of the public hearing were posted, published and mailed
to all property owners within 300 feet of this property. As of
this date, staff has not received any communication concerning
this project. Staff did call the airfield as a courtesy to
notify them that there was a building addition and they had no
objection.
Councilman Coronado asked if the request for the 32,000 square
feet addition was consistent with the original overall plan. The
response was affirmative.
Councilman Davis referred to Exhibit "B" and asked if it was the
final report. The Planning Director stated that this was the
interim report, and Staff would be coming back to the Council
with the final report.
Councilwoman Arnold requested copies of any public hearing notice
that is sent also be mailed to the Council at the same time.
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 approving the Amendment to Conditional Use
Permi t No. 84-9.
RESOLUTION NO. 3241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-9 -
WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Da vis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING RE: ADOPTION OF URGENCY ORDINANCE ENACTING A
ZONING MORATORIUM ON HOTELS/MOTELS IN THE CH COMMERCIAL HEAVY
ZONE. Mayor Kanel opened the hearing and the Planning Director
summarized the Staff report dated April 28, 1987.
The Planning Director stated that the City Council at the meeting
of March 9, 1987 adopted an interim emergency ordinance
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City Cotmci1 Minutes May 11, 1987
establishing a mo~ato~ium on hotels/motels in the CH-10,000
Comme~cial Heavy Zone which expi~ed on Ap~il 23, 1987. The staff
~ecommends that the City Council adopt a mo~ato~ium fo~ 45 days
and staff will come back at the next meeting fo~ a fu~the~
mo~ato~ium.
It was moved by Councilman Mullen and seconded by Councilman
Davis to close the Public Hea~ing and adopt the u~gency o~dinance
by title only, title as follows, enacting a zoning mo~ato~ium on
hotels/motels in the CH comme~cial heavy zone.
ORDINANCE NO. 773
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CrTY OF
CYPRESS ENACTING A ZONING MORATORIUM ON HOTEL/MOTEL
BUSINESSES IN THE CH-IO,OOO ZONE.
The motion unanimously ca~~ied by the following ~oll call vote:
AYES: 5 COUNCILMEMBERS: A~nold, Co~onado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 87-4 -
AMEND SECTION 7(D) ENFORCEMENT, AND ADD SECTION 10.7 PERFORMANCE
ST~pAR,D~, __TQE:~'I'l\BLISH INFRACTION PROCEDURES FOR ALL COMMERCIAL
?ONES; AMEND SECTION 10.1.E.2 PERMITTED AND CONDITIONAL USES, TO
ESTABLISH REGULATIONS FOR THE PARKING OF REFRIGERATOR TRUCKS:
Mayor Kanel opened the hearing and the Planning Director
summarized a report dated May 4, which indicated that this Public
Hearing was in response to a request by City Council to amend the
Cypress Zoning Ordinance regarding placement of temporary storage
containers in an urban shopping center. The previous City
Attorney's office had drafted an Ordinance which will allow for
citations for violations. Additionally, it will require the
operators of commercial refrigerator trucks to obtain a
conditional use permit prior to placing them on any commercial
site.
On the citations, the first violation is $75, the second is $150
and then the third is deemed a misdemeanor. The ordinance has
performance standards regarding mechanical devices associated
with maintenance of real property, with commercial trucks parking
overnight and with trash collection.
Staff feels that this addresses what the City Council indicated
as concerns and are recommending approval of the first reading
of this Ordinance.
In ~esponse to Councilman Davis inquiry regarding evening
violations, the Police Department would be the contact department
in the evenings and all CUP of this nature would be routed
through the Police Department for their information.
It was moved by Councilman Mullen and seconded by Councilwoman
Arnold to close the public hearing and approve the first reading
of the O~dinance by title only, title as follows, adopting the
amendment to zoning ordinance 87-4.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REGARDING PERFORMANCE STANDARDS WITHIN ALL COMMERCIAL ZONES
AND OTHER MATTERS RELATIING THERETO.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Co~onado, Da vis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Cormci1 Minutes Nay 11, 1987 : ,f 0 1
CONTINUATION OF CONSIDERATION OF THE CULTURAL ARTS COMMISSION
APPOINTMENT: Mayor Kanel stated that only five people had
applied so we were down to a basic second or third person. Mr.
Essex stated that the second person on the list was Lynda Lacayo.
After a brief discussion, it was moved by Councilman Mullen and
seconded by Councilwoman Arnold to appoint Lynda Lacayo to the
Cultural Arts Commission.
Councilman Davis commented that at the time candidates were
interviewed for the various commissions, they were advised that
they may be considered for future openings to eliminatte the need
for another advertising and interview process.
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
Councilwoman Arnold asked to be apprised all of the results on
any future votes so there is no doubt as to the outcome. Mayor
Kanel stated that the next time rankings are done, there will be
a first, second, third ranking. The Council concurred that, in
the future, all ranking results would be given to the entire
Counc i 1.
CONTINUATION OF THE CONSIDERATION OF DESIGN CRITERIA FOR SMALL
COMMERCIAL DEVELOPMENTS IN THE CG COMMERCIAL GENERAL AND CN
COMMERCIAL NEIGHBORHOOD ZONES OF THE CITY OF CYPRESS: The Mayor
requested staff to present its report. The Planning Director
stated that at the City Council meeting of March 9, 1987, staff
was directed to examine property development and design review
standards for small commercial developments in the CG Commercial
General and CN Commercial Neighborhood Zones which are
characterized as having small parcel sizes, having a location
along an arterial street and having the type of businesses which
include such uses as mini-markets, liquor stores, delicatessens
and video rental establishments.
Staff summarized the existing property standards for small retail
centers and then discussed the performance standards in this
report for small retail developments. Staff reviewed the
differences between thesee commercial areas and the Business
Park.
In conclusion, staff suggested that the City Council has three
options regarding small commercial development 1) that they
continue to review the proposed developments on their own merit
by applying the required development standards and existing
design criteria; 2) that they direct staff to examine additional
property development and design standards; and 3) that they
direct staff to examine the need for additional code enforcement
of the design standards that exist.
Discussion was held regarding the enforcement program and it was
indicated that this was to be addressed in the 1987/88 Budget.
Councilwoman Arnold stated that it was imperative that the
minimum requirements for property development, performance and
design review standards for small commercial centers be upgraded
and strengthened when an air of pride of ownership is reflected
throughout the business community, quality developers are drawn
to the community because they know from experience that their
businesses will flourish--quality breeds quality. It should be
considered a privilege to build in our city. Areas of particular
interest in reviewing property development standards, i.e., set-
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bac k s, maximum lot coverage, parking, maximum height of
structures and lot usage consistent with the area, signage
criteria, color schemes and landscaping. Maintenance property
should be kept clean and well-maintained, swept, repaired and
kept in sanitary condition. Awnings and other adornments should
be kept clean and in good repair. Parking in small commercial
centers should be increased to three spaces per 1,000 gross
square feet of commercial retail site area to reduce traffic
problems.
Some cities have worked with the infraction issue by having a
citizens' committee to inspect and see if there is continued
compliance with the permits.
Councilwoman Arnold proposed that the Council consider putting a
hold on future commercial building until time has been taken to
work with the Planning Department.
Councilman Mullen was opposed to a moratorium on all building;
however, he would consider moratorium on CN Zones.
Councilman Coronado indicated he supported improving the older
commercial centers.
Councilwoman Arnold suggested that the Planning Department could
look at ways to bring some of these older commercial centers up
to modern standards.
Councilman Mullen suggested we look into the matter more fully
and Mayor Kanel asked the City Attorney the question of design
change through changes in ownership as previously brought up by
Councilwoman Arnold.
The City Attorney stated it might depend upon the basis the
shopping center is there, Le., variance or use permit.
Councilman Davis suggested we obtain a format as to the steps
Council can take and how to interface with the Planning
Department in understanding where our present code is not
acceptable and make revisions from those benchmarks.
It was moved by Councilman Mullen that the staff be directed to
meet with Councilwoman Arnold to discuss all of the points that
she has made and to continue this item to the next meeting.
Councilwoman Arnold asked if building could be held up for two
months, so as to complete the study.
The Planning Director stated that it would depend on the depth
of the study; however, two months would allow a look at the
codes, obtain feedback and bring that back to Council. To
accomplish this, the Council would require a moratorium.
It was suggested acting on each individual use as proposed to the
City Council under the Design Review Standards.
City Attorney advised that a 45 day moratorium would require a
public hearing as it involves land use.
It was moved by Councilman Coronado and seconded by Councilwoman
Arnold to place a moratorium against accepting any future
building permits in the CG and CN zone.
The City Attorney stated that perhaps the motion should be to set
this matter for public hearing at the next Council meeting and he
would draft an ordinance to take care of it. It was so moved by
Councilman Coronado and seconded by Councilwoman Arnold.
Mr. Essex stated that building permit moratoriums are extremely
sensitive and we want to be clear on what is desired.
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City Council Minutes May 11, 1987
Following discussion, City Attorney advised that we might need
more information to look at what might be affected by this action
and that we should come back to the Council at the next meeting
with a recommendation. One way to go would be the moratorium.
That is the most restrictive. Another way to go after we look at
the two zones and the properties involved, might be just to
recommend continuance of any applications that occur within the
next 30 to 60 days. Council can take them on a case-by-case
basis and defer those that they wish.
After further discussion, Councilwoman Arnold withdrew her second
and Councilman Coronado withdrew his motion.
It was moved by Councilwoman Arnold a~d seconded by Councilman
Coronado to instruct the staff that any matters which would
ordinarily come before the City Council in CG or CN zones will be
continued for a period of 60 days. ML Essex suggested adding
the CH zone because of the same problems as in the other zones.
The motion was carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado, Davis
NOES: 2 COUNCILMEMBERS: Mullen and Kanel
ABSENT: 0 COUNCILMEMBERS: None
Councilman Mullen moved and Councilman Davis seconded the motion
that Councilwoman Arnold and Councilman Davis serve as a
committee to meet with staff to clarify the issue and that the
matter be continued until the next meeting. Motion carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CITY COUNCIL'S CONCERNS
REGARDING THE RECENT BROWN ACT AMENDMENTS: Mayor Kanel requested
the City Attorney to bring back a general explanation on this new
law so Council can look at it.
I'lL Essex indicated that the previous City Attorney did prepare a
memorandum dealing with the Brown Act requirements and Council
subsequently enacted an ordinance which was consistent with those
recommendations. Councilman Coronado then raised the issue of
how to approach the state legislature on revising the Brown Act
amendment so they would not in fact apply these constraints to
City Councils throughout the state.
It was the concensus of opinion that the City Attorney's office
put together some amendments that might be brought up at the
League of Cities' next convention.
It was moved by Councilman Mullen, seconded by Councilman Davis
and unanimously carried to receive and file the report.
CONTINUATION OF CONSIDERATION OF WRITTEN BID PROCEDURES: I'layor
Kanel suggested this be put aside and discuss Item No. 34 next.
CONSIDERATION OF THE PROPOSED MODIFICATIONS TO THE CITY OF
CYPRESS' GENERAL PLAN, REQUIRING THE VOTE OF THE PEOPLE TO CHANGE
PROPERTY ZONED PS: Mayor Kanel explained there was a proposal
that the Council consider a suggestion to have something on the
ballot allowing the citizens of the community to vote on any
action the City Council takes in the PS zone.
Mayor Kanel turned to Mr. Essex who had stated it was referred to
the City Attorney.
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Ci~~ci1 Minutes May 11, 1987
The City Attorney stated there are many issues that may arise to
put the City Council in a position where it is either on one side
or the other of an issue that could involve the City in
litigation that would be unnecessarily expensive. Therefore, his
recommendation is that the City Council should remain neutral on
this matter, neither advocating nor opposing a particular issue
by an initiative process.
Nr. Richard Geyer, 4433 Via Majorca, expressed disappointment
with the City Attorney's suggestion.
Councilman Coronado stated that he is in sympathy with Mr.
Geyer's comments and the people do have a right to petition the
City Council either verbally or through signatures. He is
totally supportive of the initiative.
Mr. Jack Swank, 9849 Via Sonoma, stated that they are not asking
the Council to pass this law, but only asking the Council to let
the people vote.
The City Attorney explained that the initiative process allows
for a petition to put a measure on the ballot and the Council has
said that they are willing to follow that process.
Mr. Swank stated he is asking the City to let the people vote.
It's that simple.
Mayor Kanel discussed the condition of the golf course and the
fact that it has not been maintained at all.
Councilwoman Arnold and Councilman Davis stated that they will
apply the neutrality as advised by the City Attorney.
Again, the City Attorney reiterated his strong legal opinion that
the City Council should remain neutral in this matter.
Councilman Coronado stated he thought the Council should have
taken a more aggressive position at the outset.
Mr. James Brodeur, 4412 Patricia Drive, asked the Council to
please do something about this situation.
Mr. Don Barrett, 9080 Bloomfield, Sp. 92, stated he sees the same
type of thing happpening here as did at the Lincoln Mobile Home
Center.
Mr. Don Sandifer, 5322 Halifax, stated that so far the total
focal point of the discussion on rezoning has been on the golf
course, which is why most of the people are here. He stated he
wanted to remind everyone this initiative would include all PS
land, including Oxford Jr. High, and not just the golf course.
It was moved by Councilman Mullen and seconded by Councilman
Davis to receive and file.
It was moved by Councilman Coronado and seconded by Councilman
Davis to continue consideration of proposed modifications to the
City of Cypress general plan requiring the vote of the people to
change property zoned PS.
Mr. Essex stated that we would have to change the agenda title to
discuss development proposals.
After further discussion, all previous motions and seconds were
withdrawn and it was moved by Councilman Mullen and seconded by
Councilman Davis to receive and file consideration of the
proposed modifications to the City of Cypress General plan
requiring the vote of the people to change property zoned PS.
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City Council Minutes :May 11, 1987
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
A report of the results of the meeting with Hollywood Park
Realty will be submitted by the City Manager.
CONTINUATION OF CONSIDERATION OF WRITTEN BID PROCEDURES: The
City Manager summarized the purchasing procedure suggestions.
Councilman Davis stated that when we have a sole bidder, he would
like to see it go back out to bid and, if within legalities, not
open that single bid because it prejudices that particular bid
numbe r .
It was moved by Councilman Mullen and seconded by Davis to
continue consideration of written bid procedures to the next
meet ing.
The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF A NO SMOKING ORDINANCE IN
CYPRESS: Mayor Kanel stated he has been working on the No
Smoking Ordinance and had not had sufficient time to complete a
draft Ordinance; therefore, requested that this item be continued
to the June 8 meeting.
It was moved by Councilman Coronado and seconded by Councilman
Davis and unanimously carried to continue this issue to June 8.
CONSIDERATION OF VACANCY ON THE TRAFFIC COMMISSION: Mayor Kanel
stated that the term of Bobbie Bloch had expired and she had sent
a letter indicating her desire to be reappointed. The Mayor
stated that Mrs. Bloch is a very conscientious person and
recommended that she be reappointed for a final four year term.
It was moved by Councilman Davis and seconded by Councilman
Mullen to reappoint Bobbie Bloch to the Traffic Commission.
The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Da vis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF REQUEST FOR WAIVER OF FEES FOR THE VARIANCE AND
ENVIRONMENTAL EVALUATION FOR REBUILDING OF THE PUGLIA RESIDENCE
AT 10272 KRISTEN STREET, CYPRESS: Mayor Kanel stated that this
was a request to waive building fees to rebuild the home that was
destroyed by fire.
Councilman Davis asked what the approximate fees were and the
Planning Director stated between $150 and $200.
It was moved by Councilman Mullen and seconded by Councilman
Davis to waive the fees for the variance and environmental
evaluation for rebUilding of the Puglia residence.
The motion was unanimously carried by the following roll call
vote:
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City Council l-tinutes May 11, 1987
AYES 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 .COUNC I LMEMBERS: None
ABSENT 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL FOR COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 20301 - 20521 - $626,844.27: It was moved by
Councilman Coronado and seconded by Councilwoman Arnold to
approve the Commercial Warrant List for Warrants No. 20301 -
20521 in the amount of $626,844.27. """""'''~
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel.
NOES~ 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
SECOND READING OF ORDINANCE RE: AMENDMENT TO CYPRESS CITY CODE
SECTION 2-1: It was moved by Councilman Mullen and seconded by
Councilman Davis to adopt the Ordinance by title only, title as
follows:
ORDINANCE NO. 774
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 2-1 OF THE CYPRESS CITY CODE RELATING TO
THE TIME OF REGULAR COUNCIL MEETINGS.
The motion carried unanimously by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel ..,':.....,,"'"'"
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: The Mayor called for a brief recess at 10:08 p.m. to
convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 10:20 p.m. will all present.
CONTINUATION OF CONSIDERATION OF EMPLOYER/EMPLOYEE NEGOTIATIONS:
Mayor Kanel stated that this was discussed in Executive Session
and continued to the next meeting.
It was moved by Councilman Mullen and seconded by Councilman
Davis to continue to the next meeting.
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis,
Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
AD.JOURNMENT: Mayor Kanel adjourned the meeting at 10:25 p.m. to
Tuesday, May 26, 1987, at 5:30 p.m.
, MAYOR O~~PRESS- -~--
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