Minutes 98-03-09CITY COUNCIL MINUTES
CITY OF CYPRESS
March 9, 1998
Paqe
ABC LICENSE--R/F transfer app filed by Sakurai, dba Restaurant Sakurai, 10953 Meridian
ARNOLD/CYPRESS PARK--Apprv plans & specs picnic pavilion, PW Proj 9740
CAPITAL IMPROVEMENT PROGRAM--Workshop session held on 1998-2005 program
CITY PROMOTION--Waive TUP fee for Arthritis Foundation 4TM Annual Mini-Grand Prix
CONFERENCES--AUth attendance of Corem Dev Dir tO attend 998 Am Planning Assoc 4/4-8
CONFERENCES--Auth travel to NAB for Video Prod Coord, Las Vegas, 4/6-8
CUP NO. 89-19--COnt. P/H on auto stereo installation, 5177-5185 to April 13
CUP NO. 96-2mAdopt ReSO apprv amend to permit, adding on-site beer & wine, Chico's Tecate
Grill ReSt, 10569 Valley View
CUP NO. 98-1--Cont. P/H on Spec Off/Manf/Dist Bldg, 11331 Valley View to March 23
CUP NO. 98-2--Adopt Reso apprv permit for It. Man~¥assy use, 5930 Lakeshore
CUP NO. 98-3 & DRC NO. 98-1--AdOpt ReSOS apprv 2n~ story room addition with balcony,
5846 Stratmore
CYPRESS COLLEGE AMERICANA AWARD--ReSOlution presented to Nick Eighmy 1998 recipient
FINANCE
FINANCE
FINANCE
DEPT., INVESTMENT POLICY--Adopt ReSO adopting Annual Statement of Policy
DEPT., MONTHLY INVESTMENT--R/F program for January 1998
DEPT., WARRANT LIST--Apprv LiSt of Warrants NO. 30614 - 30855
LINCOLN AVENUE--Apprv Design Development Plans for Streetscape, except monument sign
LINCOLN AVENUE BRIDGE--Reject bids for revised plans & auth to resolicit, PW Proj 9732
LINCOLN AVENUE BRIDGE--Award contract for pre-construction Proj Mgmt Svc & streetscape
LIVE ENTERTAINMENT PERMIT--The Huntress, 5591 Lincoln w/d request for permit
ORAL COMMUNICATIONS--Citizens spoke on handicapped parking at Senior Center, Planning
renoricing and Planning Commission
PARCEL MAP NO. 97-197--Apprv final map & auth City Clerk to sign
PRESENTATION--CAST presented a book of poetry to Mayor & Councilmembers for their help
SENIOR CENTERmCOnt. award of contract for handicap improvements, PW Proj 9724
SORRENTO LANDSCAPE MAINTENANCE--COnt. with present level of maintenance
ST MAINTENANCE--Award contract for rehab of Walker St. f/Orange to Cerritos PW Proj 9714
TELEPHONE SYSTEM--ACCept project, PW Proj 9717, apprv Contract CO 1, apprv final payment &
auth City Clerk to release bonds
VOICE CABLING--ACCept Proj, PW Proj 9716, apprv contract Chg. Orders 1-3 & final retention
payment, auth City Clerk to release labor & Materials Bond
ZONING MATTERS--Adopt Resos apprv DRCs No. 98-4 & 98-6
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MINUTES OF A REGULAR MEETING OF TIlE
CYPRESS CITY COUNCIL
HELD
March 9, 1998
The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday,
March 9, 1998 in the Administrative Conference Room, City Hall, 5275 Orange Avenue,
Cypress, Mayor Mary Ann Jones presiding.
PRESENT:
ABSENT:
Councilmembers Carroll, Keenan, Piercy and Jones
Councilmember Bowman
Also present were the City Manager, City Attorney, and staff members Christoffels, Davis,
DeCarlo, Storey, Vazquez and Wylie.
WORKSHOP SESSION: 1998 - 2005 Capital Improvement Proqram
Initial discussions were held regarding the Capital Improvement Program. Staff advised
the Council that numerous projects have been proposed throughout the community for
the coming year and the following six years. Staff received Council direction in
prioritizing those projects.
RECESS: Mayor Jones recessed the meeting at 6:25 p.m. to enable the City Council to
continue their meeting in the Council Chamber. The meeting reconvened at 6:30 p.m.
with all Councilmembers present, except Councilmember Bowman.
CLOSED SESSION: Mayor Jones immediately recessed the meeting so the Council could
enter into Closed Session to discuss the agendized items of Conference with Legal Counsel
on one Anticipated Litigation case (Government Code Section 54956.9(b); three Existing
Litigation cases (Government Code Section 54956.9(a), U.S. District Court Case NO. SACV98-
171, Via Maria v. City of Cypress, Orange County Superior Court Case No. 790938, Stephen
Spernak v. City of Cypress, et al, and Orange County Superior Court Case NO. 783424,
Caroline Farde~e v. City of Cypress; one Liability Claim (Government Code Section
54956.95), Stephen Spernak. The meeting reconvened at 7:05 p.m. with all
Councilmembers present, except Councilmember Bowman. Also present were the City
Manager, City Attorney and staff members Christoffels, DeCarlo, Kelly, Krauss, Storey and
Wylie.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The pledge was led by Cub Scout Pack//295.
INVOCATION: The invocation was given by Pastor Ron Jackson of Grace Church.
PRESENTATIONS:
Mr. Nick Eighmy, 1998 Cypress College Americana Award recipient from the City of
Cypress, was introduced and the Mayor read the Resolution, which was presented to Mr.
Eighmy at the American Awards benefit.
MS. Jan Grotewald, Coordinator for Volunteers of the Child Abuse Services Team (CAST),
briefly explained their function and presented a book of poetry to the Mayor and City
Council and on behalf of the Cypress Police Department for the help they provide to
CAST.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager summarized discussions held during the Workshop Session on the 1998 -
2005 capital Improvement Program.
The City A~orney reported on the discussions that occurred during Closed Session.
Authorization was given for the initiation of legal action to obtain an abatement warrant
for a public nuisance on the anticipated litigation case; no action was taken on Via Maria
v. the City of Cypress or Stephen Spernak v. the City of Cypress. In Fardette v. the City of
Cypress, the Council rejected the se~lement offer. The City Council also considered an
application to file a late claim from Stephen Spernak and based on the recommendation
of the City Attorney, the request was rejected.
ORAL COMMUNICATIONS: Limited to One-Half Hour.
CITY COUNCIL MINUTES March 9, 1998
Ms. Verna H. Dodson, 5771 La Jolla Way, Cypress, complained about the proposed
handicapped parking at the Senior Center. She said the parking was still too far away and
should be placed across from the facility. The City Manager advised that there is a
difficult situation at the Senior Center because of the layout of the building. An access
consultant has been employed to work with the Building Official and Public Works
Director in reconfiguring the disabled access parking and bringing it as close as possible
to the entry. He suggested this item be continued to the next Council meeting and, in
the meantime, meet with the experts to determine if there is some other configuration
possible.
Mr. Don Wesling, 11431 Anegada Street, Cypress, mentioned the discussions held by the
Council on a Planning Commission. He believed that a Planning Commission would be
beneficial. At the request of Mr. Wesling, Councilmember Piercy explained her position.
Mayor Jones advised that there will continue to be more discussion and input on the
subject of a Planning Commission.
Councilmember Carroll quoted from a letter he received regarding a Planning
Commission. He commented on the contents of the letter and the Council's job to obtain
as much information as is available on a Planning Commission, analyze it and debate it
until a valid conclusion is reached.
Councilmember Piercy remarked that she did not do a disservice to the Council but chose
another avenue to achieve her point. She has tried to give the public what she felt
strongly about and they should make the final approval on a Planning Commission.
AWARD OF CONTRACTS
AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF WALKER STREET FROM ORANGE
AVENUE TO CERRITOS AVENUE, PUBLIC WORKS PROJECT NO. 9714: The City Manager asked the
Public Works Director to present this item indicating that eleven bids were received to
overlay Walker Street from Orange Avenue to Cerritos Avenue with new asphalt concrete.
He noted that the project was being partially funded by a Caltrans program entitled the
State-Local Transportation Partnership, which will match 25% of the funds for the
rehabilitation of Walker Street.
It was moved by Councilmember Carroll and seconded by Councilmember Keenan to:
Determine the lowest responsible bidder for Public Works Project No. 9714 to be
All American Asphalt, P.O. BOX 2229, Corona, California 91718.
Award a contract for the pavement overlay of Walker Street in the amount of
$164,059.50 (award amount of $149,145.00 plus ten percent contingency) to All
American Asphalt.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Bowman
AWARD OF CONTRACT FOR THE HANDICAP SITE IMPROVEMENTS AT THE SENIOR CENTER, PUBLIC
WORKS PROJECT NO. 9724: The City Manager stated that, in view of the public comment
received on this project, and staff recommended that this item be continued for two
weeks to explore the possibility of handicapped parking closer to the entrance.
Responding to Councilmember Carroll, the City Manager advised that the Senior Citizens
Commission and interested members of the public have reviewed the design. The
disabled access consultant has offered good advice to the City; however, if there is a way
tO bring the handicapped parking closer to the front door, that would be the solution.
It w~ moved by Councilmember Keenan ~nd seconded bV M~vor Jones to continue this
item to the City Council meeting of March 23, 1998. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Bowman
REJECTION OF BIDS, APPROVAL OF REVISED PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO RE-SOLICIT BIDS FOR THE CONSTRUCTION OF A LINCOLN AVENUE BRIDGE UPGRADE, PUBLIC
WORKS PROJECT NO. 9732. The Public Works Director summarized the staff report, which
advised that four bids were received for the construction of aesthetic improvements to
CITY COUNCIL MINUTES March 9, 1998
the Lincoln Avenue bridge across Coyote Creek. These bids were higher than anticipated
and staff has worked with the project architect to review the plans to address the major
cost issues. Therefore, staff is requesting Council to reject the bids received and
authorize staff to solicit bids on the revised project. There were two main reasons for
the overage: the landscaping shown in the plans went from Bloomfield east to
BlOOmfield west, advancing work that would have been done under the larger
streetscape project and the cost of the pavers for the bridge deck.
COUNCILMEMBER BOWMAN ARRIVED AT 7:57 P.M.
Mr. Steve Smith of Lawrence MOSS & Associates said that even with the deletions to the
project, the visual quality of the bridge is still intact. There is the possibility of doing a
new concrete surface with a texture that resembles laid stone. The urns and bollards will
be used in other areas of the project.
Responding to Councilmember Carroll, Mr. Smith explained the difference between the
original projections and the bid costs.
It was moved by Councilmember Piercy and seconded by Councilmember Keenan to:
Reject the bids received on February 24, 1998, for Lincoln Avenue Bridge Upgrade,
Public Works Project No. 9732.
Approve the revised plans and specifications for the construction of the Lincoln
Avenue Bridge Upgrade Project, Public Works Project No. 9?32, and authorize staff
to solicit bids for the revised project.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, CarrolI, Keenan, Piercy and Jones
None
None
AWARD OF CONTRACT FOR PRE-CONSTRUCTION PROJECT MANAGEMENT SERVICES FOR LINCOLN
AVENUE BRIDGE AND STREETSCAPE PROJECT: The City Manager requested that the
Community Development Director review the staff report, which indicated a need for a
pre-construction manager for the Lincoln Avenue Bridge enhancements and the
streetscape. Requests for proposals were sent to six firms, three proposals were received
and staff interviewed all three firms.
It was moved by Councilmember Keenan and seconded by Councilmember Bowman to
award the contract for the pre-construction manager for the Lincoln Avenue Bridge and
Streetscape project to Harris and Associates, in an amount not to exceed $22,880. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBEI~S:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
approve the Consent Calendar Items No. 5 through 16. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, CarrolI, Keenan, Piercy and Jones
None
None
Item No. 5: MOtion to Approve City Council Minutes of February 11, 1998, February 17,
1998, February 22, 1998 and February 23, 1998.
Recommendation: That the City Council approve the Minutes of the Adjourned Regular
Meetings of February 11, 1998, February 17, 1998, and February 22, 1998 and the Regular
Meeting of February 23, 1998, as submitted, with Mayor Jones abstaining on the February
11, 1998 Minutes and Councilmember Carroll abstaining on the February 17, 1998 Minutes
due to their absence at the meetings.
CITY COUNCIL MINUTES March 9, 1998
Item NO. 6: Motion to introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 7: Approval of an Application for Alcoholic Beverage License Transfer Filed by
Yuichiro Sakurai and Akemi Sakurai, D.B.A. Restaurant Sakurai, 10953 Meridian, Suites J & K,
Cypress.
Recommendation: Receive and file.
Item No. 8: Approval of Design Review Committee NO. 98-4, Request to Add Mechanical
Equipment to the Exterior of the Cleveland Golf Building, Located at 5630 Cerritos
Avenue; and Design Review Committee No. 98-6, Request to Add First Floor Office Area
and Expand the Second Floor Mezzanine Area of Existing Industrial Building, Located at
6101 Gateway Drive.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, approving Design Review Committee Nos. 98-4 and 98-6 - with conditions.
RESOLUTION NO. 4909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-4 - WITH CONDITIONS.
RESOLUTION NO. 4910
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-6 - WITH CONDITIONS.
Item NO. 9: Authorization for the Community Development Director to Attend the Annual
American Planning Association Conference.
Recommendation: That the City Council authorize the a~endance of Christine Kelly,
Community Development Director, to the 1998 American Planning Association's National
Conference, scheduled for April 4 - 8, 1998, in BOStOn Massachusetts, and be reimbursed
for all actual and necessary expenses incurred.
Item No. 10: Acceptance of Parcel Map No. 97-197, Property Located at the Southwest
Corner of Katella Avenue and Warland Drive.
Recommendation: That the City Council approve Final Parcel Map NO. 97-197 and
authorize the City Clerk to sign the record map.
Item NO. 11: Approval of Request From the Arthritis Foundation for a Waiver of Fees for
the Fourth Annual Mini-Grand Prix.
Recommendation: That the City Council grant the request of the Southern California
Chapter of the Arthritis Foundation to waive the Temporary Use Permit (T.U.P.) fee of
$50.00 as well as all Building Permit and Public Works Permit fees for this event.
Item NO. 12: Acceptance of Installation of New Voice Cabling, Public Works Project NO.
9716.
Recommendation: That the City Council: I) Accept the project for the Installation of a
New voice Cabling, Public Works Project No. 9716, as being satisfactorily completed in
conformance with the project specifications; 2) Approve Contract Change Order NOS. 1
through 3, in the amount of $400; 3) Approve the final retention payment of $1,107 to
Lynch Communications, Inc., 570 E. La Cadena Drive, Suite 2E, Riverside, California 92501,
35 days after the notice of Completion is filed, if no claims or objections have been filed,
and upon the concurrence of the Director of Public Works; and 4) Authorize the City Clerk
to release the Labor and Materials Bond and the Faithful Performance Bond upon
expiration of the required lien period, if no claims or objections h~ve been filed, upon
the concurrence of the Director of Public Works.
Item No. 13: Acceptance of Installation of New Telephone System, Public Works Project
No. 9717.
Recommendation: That the City Council: 1) ACCept the project for the Installation of a
New Telephone System, Public Works Project NO. 9717, as being satisfactorily completed
in conformance with the project specifications; 2) Approve Contract Change Order
Number I in the amount of $565.10; 3) Approve the final retention payment of $10,252 to
Corn-Aid, 24971 Stanford Avenue, Valencia, CA 91355, 35 days after the NOtiCe of
Completion is filed, if no claims or objections have been filed, and upon the concurrence
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CITY COUNCIL MINUTES March 9, 1998
of the Director of Public Works; and 4) Authorize the City Clerk to release the Labor and
Materials Bond and the Faithful Performance Bond upon expiration of the required lien
period, if no claims or objections have been filed, upon the concurrence of the Director
of Public Works.
Item NO. 14: Approval of Plans and Specifications, and Authorization to Solicit Bids for the
Arnold/Cypress Park Picnic Pavilion Renovation, Public Works Project No. 9740.
Recommendation: That the City Council approve the Plans and Specifications for the
renovation of the Picnic Pavilion Facility at Arnold/Cypress Park, and authorize staff to
solicit bids for the project.
Item No. 15: Authorization for Out-of-State Budgeted Convention Attendance - National
Association of Broadcasters
Recommendation: That the City Council authorize the out-of-state travel for the Video
Production Coordinator to attend the National Association of Broadcasters annual
convention/exhibit hall to be held in Las Vegas, Nevada, April 6-8, 1998, and be reimbursed
for all actual and necessary expenses incurred.
Item No. 16: Review of Monthly Investment Program for the Month of January 1998.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF PUBLIC HEARING FOR A LIVE ENTERTAINMENT PERMIT AT THE HUNTRESS,
5591 LINCOLN AVENUE, CYPRESS: The staff report advised that the Police Department had
received a letter from Sandra ROSe, Vice-PresidentJSecretary of The Huntress, stating that
they were withdrawing their request for the Live Entertainment Permit. Hearing no
objection, Mayor Jones closed the public hearing.
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-19
AND DESIGN REVIEW COMMITTEE NO. 97-37, REQUEST TO EXPAND AN EXISTING AUTO STERO
INSTALLATION USE AND RELATED IMPROVEMENTS AT 5177-5185 LINCOLN AVENUE: The staff
report indicated that at the February 9, 1998 meeting, the City Council required that a
noise study be performed prior to any action being taken on this application. The item
was then continued until the March 9, 1998 meeting; however, due to the time required
to complete the required noise monitoring and prepare the written report, staff is
recommending that this item be continued.
Mayor Jones asked if anyone wished to speak in support of or in opposition to the
amendment. No one spoke.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan to
continue this item until the April 13, 1998 City Council meeting. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-2, REQUEST BY MR.
ALAN SHELTON TO ADD THE SALE OF ON-SITE BEER AND WINE TO THE NEW CHICO'S TECATE
GRILL RESTAURANT, LOCATED AT 10569 VALLEY VIEW STREET: The public hearing was opened
by Mayor Jones. The City Manager asked the Community Development Director to
present the staff report which represented a request to add the sale of onsite beer and
wine to the Chico's Tecate Grill restaurant located at 10569 Valley View Street. The
restaurant is within the Pavilion Shopping Center located at the southwest corner of
Valley View Street and Cerritos Avenue. In accordance with the requirements of the
California Environmental Quality ACt (CEQA), this project has been determined to be
categorically exempt, Class 1. Notices of this public hearing were posted, published and
mailed to the owners of all properties located within 300 feet of the subject parcel. TO
date, staff has not received any communication regarding the proposed project.
According to the Alcoholic Beverage Control, the area where this request is located is
currently overconcentrated with respect to on-sale beer and wine licenses. This
overconcentration; however, is due to the limited population within the census tract and
also the census contains the Los Alamitos Race Track, the Cypress Golf Course and a
significant number of business park uses. Staff is recommending approval of this request
CITY COUNCIL MINUTES March 9, 1998
based on staff's determination that this request is an acceptable use for this site and will
serve a public convenience and necessity.
The applicant, Alan Shelton, advised that their locations cater to both business at noon
and families at night. About 80% of their sales are after 5:00 p.m. when the families come
in. The hours of operation are 10 a.m. to 10 p.m., seven days per week.
Mayor Jones asked that the hours of operation be made a part of the conditions of
approval. The applicant would agreed to that condition.
No one wished to speak in favor of or in opposition to the amendment. Mayor Jones
closed the public hearing.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
adopt the Resolution by title only, title as follows, approving Amendment to Conditional
Use Permit NO. 96-2, subject to the conditions of approval with the condition on hours of
operation added. Councilmember Keenan commented that he didn't feel there was an
overconcentration and there was a lack of facilities in the Business Park to serve them.
RESOLUTION NO. 4911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT
TO CONDITIONAL USE PERMIT NO. 96-2 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-1, REQUEST TO CONSTRUCT A
SPECULATIVE OFFICE/MANU FACTURING/DISTRIBUTION BUILDING, LOCATED 11331 VALLEY VIEW
STREET: Mayor Jones opened the public hearing. The City Manager advised that it will be
staff's recommendation to continue this public hearing. The Community Development
Director said that staff became aware today that the Mitigated Negative Declarations
were not distributed and in order to provide Council an opportunity to review them
prior to taking action, staff is recommending a continuance.
Mayor Jones asked if anyone wished to speak on this item. She mentioned that a letter
had been received on this item. The City Manager recommended that the letter be made
a part of the record but introduced and read at the next Council meeting.
It was moved by Councilmember Carroll and seconded by Councilmember Keenan to
continue this item to the City Council meeting of March 23, 1998. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, CarrolI, Keenan, Piercy and Jones
None
None
PUBLIC HEARING RE: CONDITONAL USE PERMIT NO. 98-2, LIGHT MANUFACTURING/ASSEMBLY
USE, LOCATED AT 5930 LAKESHORE DRIVE. The public hearing was opened by Mayor Jones.
The City Manager asked the Community Development Director to summarize the staff
report, which represented a request bv Sales Office Accessories to operate a light
manufacturing/assembly use in addition to their existing office/warehouse operation,
located at 5930 Lakeshore Drive. The proposed use included the in-house design and
manufacturing of vinyl banners and wooden signs. The Planned Commercial/Light
Industrial Zone was created for the purpose of clustering commercial and light industrial
uses in a small business park atmosphere. The office/warehouse portion of this business is
permitted by right in this zone, but the manufacturing and assembly portion required a
conditional use permit. The proposed use does not increase the demand for onsite
parking beyond the standard provisions for this building and is consistent with the
purpose and intent of the PCM Zone. Additionally, in accordance with the California
Environmental Quality Act (CEQA), a Categorical Exemption, Class l(a) will be filed for this
project. Notices of this public hearing were posted, published and mailed to the owners
of all properties located within 300 feet of the subject parcel. To date, staff has not
received any communication regarding the proposed project.
Mr. Kenneth MoreIll, Sales Office Accessories, 9562 AUgusta COurt, Cypress, volunteered to
answer questions from the Council and provided them with a brochure of their products,
which include buttons, tags, door mats, brochure holders, binders, flags, banners and
signs.
6
CITY COUNCIL MINUTES March 9, 1998
No one wished to speak in support of or in opposition to the application. Mayor Jones
closed the public hearing.
It was
1.
moved by Councilmember Bowman and seconded by Councilmember Piercy to:
Adopt the Resolution by title only, title as follows, approving Conditional Use
Permit No. 98-2, subject to the conditions.
Direct staff to file a Notice of Categorical Exemption with the County of Orange,
County Clerk-Recorder.
RESOLUTION NO. 4912
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-2 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
PUBLIC HEARING RE:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
DESIGN REVIEW COMMITTEE PERMIT NO. 98-1 AND CONDITIONAL USF
PERMIT NO. 98-3, SECOND STORY ROOM ADDITION WITH A BALCONY FACING THE REAR YARD,
LOCATED AT 5846 STRATMORE AVENUE: The public hearing was opened by the Mayor. At
the request of the City Manager, the Community Development Director presented the
staff report which represented a request to construct a second story addition onto an
existing one-story house, located at 5846 Stratmore Avenue. The proposed project
includes a second story balcony at the rear of the house. The proposed residential
addition complies with all development codes and standards. A conditional use permit is
required for balconies in the side or rear yard. Staff found the proposed rear yard
balconv to be an acceptable location, because the subject property is located on a corner
lot and the balcony looks out on an adjacent street and elementary school vear. In
accordance with the California Environmental Quality Act (CEQA), a Categorical Exemption,
Class 1(e)(2) will be filed for this project. Notices of this public hearing for Conditional Use
Permit NO. 98-3 were posted, published and mailed to the owners of all properties
located within 300 feet of the subject parcel. TO date, staff has not received any
communication regarding the proposed project.
Mr. Bruce Speilbuehl of Coalescent Design Group, representing the applicant, 2601 E.
Chapman Avenue, Suite 214, Fullerton, said that all the conditions appear to be in order
and he answered questions from Council.
Mayor Jones asked if anyone wished to speak in support of or in opposition to the
project.
Ms. Susan Hickam, Stratmore Avenue, Cvpress, asked to see a copy of the plans, which
were provided the Community Development Director and she had no further questions.
NO further comments were received.
It was moved by Councilmember Bowman and seconded by Mayor Jones to:
Adopt the Resolutions bv titles only, titles as follow, approving Design Review
Committee Permit NO. 98-1, subject to conditions and Conditional use Permit NO.
98-3, subject to conditions; and
Direct staff to file a Notice of Categorical Exemption, Class 1(e)(2), with the County
of Orange, County Clerk-Recorder.
RESOLUTION NO. 4913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 98-1 - WITH CONDITIONS.
RESOLUTION NO. 4914
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-3 - WITH CONDITIONS.
The motion unanimously carried bv the following roll call vote:
CITY COUNCIL MINUTES March 9, 1998
AYES:
NOES:
ABSENT:
NEW BUSINESS
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
APPROVAL OF DESIGN DEVELOPMENT PLANS FOR THE LINCOLN AVENUE STREETSCAPF: The
Community Development Director summarized the staff report, which requested the
Council's approval of the design development plans for the Lincoln Avenue Streetscape.
The plans include locations and designs for pedestrian bowouts, street and pedestrian
lighting, median landscaping, a plant pallet, street benches and bus benches.
Construction drawings will be prepared based on these plans. A meeting was held with
the Lincoln Avenue Business Association on March 4, 1998. Staff will return to the City
Council meeting for approval of the construction documents and an authorization to bid.
Mr. Steve Smith of Lawrence MOSS & Associates, addressed the placement of the entrance
approach from the east end of the City. It was felt that the sign was depicted too far into
the community and would be more appropriate to include the Home Depot
development.
Councilmember Carroll mentioned that the Cypress city limits were established long
before the Home Depot. Clarification was made as to where the sign would be placed
and why. The Public Works Director said that the problem is traveling west into the City,
it is actually the City of Buena Park's street until the proposed placement of the sign is
reached.
After further discussion, Councilmember Bowman stated that he would rather not have a
sign if it will not be placed anywhere near the City boundary.
Councilmember Keenan said that there is currently a welcome to Cypress sign at
approximately the same place as the proposed sign will be.
Councilmember Piercy remarked that there is a problem, but she would rather have the
sign inside the City limits than not at all.
Councilmember Keenan reported that he had attended the Lincoln Avenue Business
Association meeting and there were very favorable comments from the business owners.
He asked if there was a possibility of considering the widening of Wagon Street, some
directional sign on Lincoln Avenue to the Civic Center and the vacant land at Sumner and
Lincoln and possible acquisition for a greater impact at that corner.
Councilmember Carroll stated that he would support the plans with another look at the
placement of the monument signs upon entering the City.
Councilmember Bowman felt that the City should make the effort to speak to the City of
Buena Park about putting a "Welcome to Cypress" sign in the median.
Mr. Smith said that they would look at the possibility of additional signs further down on
the east end of Lincoln Avenue.
The City Manager commented that the Council may consider the design development
plans with the exception of the monument sign, which could be evaluated and brought
back to Council.
Mayor Jones said she didn't want to mislead the public into thinking they are in the City
of Cypress, so she asked that caution be exercised in the placement of the monument
sign.
It was moved bv Councilmember Carroll and seconded bv Councilmember Piercv to
approve the Design Development Plans for the Lincoln Avenue Streetscape with the
exception of the placement of the monument sign near Valley View Street and Lincoln
Avenue. The motion unanimously carried bv the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercv and Jones
None
None
The Community Development Director announced that a City-wide meeting will be held
on the plans on March 26, 1998 at 6:00 p.m. in the Community Center.
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CITY COUNCIL MINUTES March 9, 1998
REVIEW OF SORRENTO LANDSCAPE MAINTENANCE CONTRACT: The staff report was presented
by the Public Works Director which advised that the City took over the landscape
maintenance for the Sorrento Tract. Due to the short transition notice, staff
recommended that the City award a one year landscape maintenance contract to the
existing contractor who was maintaining the landscaping for the developer. During this
period, staff worked with the City Council and the residents of Sorrento on developing
the level of maintenance that the City should be providing to this area in the future,
develop specifications for the agreed upon maintenance and solicit bids for a long term
contract.
It was moved by Mayor Jones and seconded by Councilmember Piercy to direct staff to
continue with the level of maintenance currently provided. The motion unanimously
carried with the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
ADOPTION OF STATEMENT OF INVESTMENT POLICY: The City Manager asked the Finance and
Administrative Services Director to review the staff report, which indicated that the over-
all policy had changed slightly. The format has been modified and included clarifying
language based on the City's activities during the past year. Items added based on
recommendations from the Finance Review Committee were attached to the report.
Councilmember Carroll commended staff on their report and named the members of the
Finance Review Committee.
Responding to Councilmember Keenan, the City Treasurer explained the fee sharing and
commission arrangements mentioned in the policy.
It was moved by Councilmember Carroll and seconded by Councilmember Piercy that the
City Council of the City of Cypress and acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District adopt the Resolution adopting the
annual statement of investment policy.
RESOLUTION NO. 4915
A RESOLUTION OF TH CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-
OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30614 - 30855: It was moved
by Councilmember Keenan and seconded by Councilmember Piercy to approve the
Commercial Warrant List for Warrants No. 30614 through 30855 in the amount of
$889,267.0:~. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda
Mr. Wesling asked if Item No. 20, Public Hearing Re: Conditional use Permit No. 98-1,
Request to Construct a Speculative Office/Manufacturing/Distribution Building, Located at
11331 Valley View Street would be renoriced since it was continued to March 23, 1998.
The City Manager responded that renotification is not required on the continuance but
staff will do that.
Councilmember Bowman stated the Council has to work together. Even though each of
the Councilmembers have their own opinion on a Planning Commission, any decision
9
CITY COUNCIL MINUTES March 9, 1998
made by the Council would not resolve the issue. He understood that a comment was
made by a Councilmember to a representative of Cypress College indicating that if the
College were involved with this type of group, there would be a problem between the
school and the City. This is a work environment and everyone needs to understand that
when comments are being made to other people in the community.
Councilmember Keenan said the comment he made was that he felt that there are
members from the community, public utilities and the college that are part of a political
action group, the Cypress Economic Development Council, that have taken a position on
this issue and he felt it was within his purview to comment on the fact that he felt that
those positions were being used for the purpose of one special interest that is taking the
names of legitimate organizations and using them for their own purpose.
Councilmember Bowman said the college will be involved with the group because they
gain job placements and donations. It is important to maintain all the contacts with the
business community. It is not good business on the part of the City to put those
organizations in an awkward position.
Councilmember Keenan felt that Councilmember Piercy's act in circumventing the Council
was not good community or business relations and he was very disappointed to see the
division of the City happen.
Councilmember Carroll concurred that the Council is a body that must work together and
bring thoughts for public debate at the meeting. One of the Councilmembers took
another direction and then the problem started.
Councilmember Piercy said she brought the subject of a Planning Commission to the
Council, they didn't want to listen and so she took another avenue. She is speaking for
many other people who felt strongly about it and it would have happened without her.
Mayor Jones remarked that the Council was addressing the subject of a Planning
Commission and not how it would be implemented. It was agreed that would follow
once a Planning Commission was decided upon.
ADJOURNMENT: Mayor Jones adjourned the meeting at 9:30 p.m. to 5:30 p.m., Monday,
March 23, 1998.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
10