Minutes 87-07-27
464
MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
July 27. 1987
The regular meeting of the Cypress City Council was called to order at 5:35
p.m. on Monday, July 27. 1987, in the Cypress City Council Chamber. 5275
Orange Avenue. Cypress. California. Mayor John Kanel presiding.
PRESENT: Councilmembers Arnold. Davis. Mullen and Kanel
ABSENT: Councilmember Coronado
Also pre.sent were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson. Assistant City Manager David Barrett, Senior Planner Holly Hamlin
and Finance Director Lawrence Hurst.
ORAL COMMUNICATIONS. Mayor Kanel discussed a recent meeting of concerned
homeowners in Cypress and surrounding cities regarding the problem of concrete
erosion to some of the homes and he stated he had invited one of the
homeowners to speak.
Mr. Larry Turner. 9283 Vista Mesa. Cypress. reported the insurance companies
are not going to pay on any damage to his home due to the soil movement and
water damage. He asked that the City of Cypress meet with the other cities in
the area with similar concrete erosion problems and jointly look for solutions
such as disaster grants to assist in repairing the affected homes.
Mayor Kanel directed staff to look into working with other cities on finding
ways to assist residents in resolving their problems.
Mr. James L. Rainwater, 10442 Vernon Court. Cypress, representing his son.
James C. Rainwater, who had filed an application to present a late claim,
which was subsequently denied. feels his son's claim is just.
It was suggested by the Assistant City Manager that this matter be discussed
in Executive Session as it does involve the question of litigation.
Mr. Jerry Austin. 4312 Pearl Court, Cypress. approached Council and presented
additional written information on the no smoking issue.
Councilwoman Arnold suggested continuing this item to the 7:30 portion of the
meeting as she felt there would be additional people present for the
discussion on the No Smoking Ordinance.
Mr. Essex stated that there are two consultants present for the study session
to answer questions posed by the Council.
Mr. Brice Russell, Gunn Russell Copenhaver and Co., 150 W. First Street,
Claremont, described the proposal submitted to Council to restart the process
of amending the current Civic Center Redevelopment Project to add the tank
farm property. There were several items to be considered when the project was
initially started. such as: continuing complaints from the neighbors regarding
odors emanating from the area; subsurface contamination; the cost of removing
the tanks and infrastructure improvements on and near the site. The process
was stopped when the assessed valuation on the property came in higher than
anticipated. Since the 1985 value was inflated because of the value of the
oil in the tanks. once the tanks were drained and/or removed. the next year's
assessed value would drop instead of increase, thereby creating a debt for the
Redevelopment Agency instead of a revenue. Redevelopment planning for
Amendment NO.1 to the Civic Center Project will be made easier by the fact
that this Project has been under consideration since 1985. The fees have been
reduced to reflect savings which may be realized by the adaptation of
previously prepared documents that were made part of the original proposal and
that there would be substantial tax increment to alleviate some of the
original concerns.
COUNCILMAN CORONADO ARRIVED AT 5:55 P.M.
Mr. Essex stated that Mr. Russell's services have also been requested to
assist the City in the Lincoln Avenue Study regarding any financing
alternatives for that study's implementation.
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Mr. Essex stated three consultants were reviewed by the Team for the Senior
Citizens Center Masterplan Project and. as Council had directed, the dollar
amounts were unknown to the Team until after the interviews were conducted and
Archiplan was the firm chosen to be recommended to Council to receive the
contract for the redevelopment plan. Subsequently. the Team did meet with the
consultant and negotiated the amount submitted to the Council, which was
agreed upon by the consultant.
Mr. Richard Thompson. Archiplan. stated his firm responded to the request for
proposal which basically outlines the City's needs for the Masterplan for the
senior citizens center. As architects, this organization has built a number
of senior facilities throughout various communities in southern California and
are familiar with the requirements the City may have on those kinds of
facilities as well as those required by a private entity. The Archiplan
proposal included a detailed step-by-step procedure for moving through the
study which responds well to the guidelines presented and would be able to
provide the information required for Council to make a decision on the most
appropriate use for the site and how best to approach sending out a request
for proposal to the development community to insure a good response.
EXECUTIVE SESSION. At 6:10 p.m., Mayor Kanel adjourned the meeting to
Executive Session to discuss potential litigation matters.
COUNCILMAN CORONADO LEFT THE MEETING AT 7:03 P.M.
The meeting reconvened at 7:38 p.m. with all Councilmembers and staff present
as before. excepting Councilman Coronado, and also in attendance were staff
members Beardsley, DeCarlo, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilman Davis led the pledge to the flag.
ORAL COMMUNICATIONS. The Mayor asked if anyone wished to speak.
Mr. Joe Hardcastle 4588 Blanca Drive. Cypress, stated he had two items for
Council's consideration: 1) the changed flight patterns of aircraft overhead;
and 2) another car accident at the corner of Denni and Blanca. He reported
that too many accidents have occurred at this corner and they have all been of
the same type.
Mr. Essex stated the Denni/Blanca matter is due to come before the Traffic
Commission and will automatically be reconsidered at that time.
Ms. Hatie Rothell. 5163 Melbourne Drive. Cypress, related her concern about
noxious odors that are emanating from the tank farm on a daily basis and
questioned whether the odors were of a harmful nature or not.
Councilwoman Arnold responded that Air Quality people were contacted and the
air was tested and there was no health problem; however, there were residual
odors in the Edison area from cleaning the tanks and the process was
rescheduled to alleviate the odors.
At this point, Mr. Patterson stated that these oral communications were for
matters that were on the 7:30 p.m. agenda; those people whose concerns are not
on the agenda would be heard at the end of the meeting and those that didn't
wish to wait until the end of the meeting can turn their written statement
into the City Clerk and the item will be included on the next agenda.
Mr. George Hallak, 5452 Marion Street, Cypress, Co-Chairman of the Festival
Steering Committee, appearing on behalf of the steering committee, thanked the
City Council, the City Manager and staff for their cooperation and help before
and during the Community Festival.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT NO. 87-2, SWIMMING POOL AT A MOTEL, 5311 LINCOLN AVENUE. Mayor
Kanel opened the public hearing. Senior Planner Holly Hamlin summarized the
staff report dated July 20, 1987 describing the Council's request that the
applicant submit revised site plans indicating a reduction of four units in
order for direct light to shine onto the proposed swimming pool area. The
applicant indicated he does not want to reduce those units and would like to
withdraw his amendment to Conditional Use Permit 87-2. Presently, the
applicant indicated he can guarantee the motel will receive a two star rating
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without the swimming pool by providing additional services and amenities. As
a compromise. the applicant offered to construct a jacuzzi in the previously
proposed exercise room. Staff contacted the AAA on two separate occasions and
received a different response each time; therefore, there is no direct
indication what rating the motel would receive.
The Mayor asked if anyone wished to speak in support of the application.
Mr. Malchon Kao. 1912 Via Del Rey. South Pasadena. representing the applicant.
stated that the pool has become the issue of the entire project and he wishes
to withdraw the proposal to install a pool.
After further discussion. Councilman Davis advised that the whole point of the
inital request was to obtain a rating from an approved rating agency and he is
willing only to approve whatever will definitely obtain the rating.
The City Attorney stated the difficulty appears to be what will obtain a two
star rating and the answer is no one knows until the motel is completed.
Generally, when a swimming pool is provided at a motel, it will meet the two
star rating; however, there is no assurance before the motel is built that a
swimming pool will guarantee this rating.
After further discussion, Councilman Davis suggested that he and staff talk
with the AAA in an attempt to determine what options are available to obtain a
two star rating and this matter be continued to the next meeting so these
options can be presented to the Council.
The applicant agreed to continue this matter to the August 10, 1987 meeting.
It was moved by Councilman Davis and seconded by Councilman Mullen to continue
this matter to August 10, 1987. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBER: Coronado
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-14, MINI-MARKET WITH OFF SALE BEER & WINE, GASOLINE SALES AND TUNE-UP
CENTER, 4900 BALL ROAD. Mayor Kanel opened the public hearing. The Senior
Planner summarized the staff report dated July 21, which included 21
conditions, regarding a request to permit the construction of a mini-market
with off sale beer and wine, an auto tune-up center and two gasoline pump
islands, located at 4900 Ball Road in the CN Commercial Neighborhood Zone.
The plan proposed construction of a new MP&G Tune-up Center containing 1,320
square feet of service bay area and a 3,820 square foot building containing
both the MP&G office and AM/PM Mini-Market (open 24 hours per day). Notices
of the public hearing have been posted, published and mailed to all property
owners within 300 feet of the subject parcel. To date, staff has been
contacted by Mrs. Vincie Greene, 10032 St. Francis and Mr. and Mrs. Alex Muro,
managers of A & J Cypress Market, 5011 Ball Road. Both communications were in
opposition to the project.
Mr. Essex stated a copy of a petition was received today, addressed to the
Council. signed by several area residents and submitted by Virginia Caldwell
and John Jonlich.
Mayor Kanel asked if anyone wished to speak in support of the application.
Ms. Lynn Beteag, Arco Regional Office, 17315 Studebaker Road, Cerritos. the
site acquisition specialist for this project, explained what Arco's plans are
for the development of the property. The vacant L-shaped parcel adjacent to
Arco's property is being purchased from the Cypress College foundation and it
is Arco's intent to invest over $1 million in this project.
In response to a question by Mayor Kanel, Ms. Beteag responded that the $1
million investment is based on a 24 hour operation with beer and wine sales,
which reflects 35 to 40% of gross sales receipts of the mini-market.
Mr. Stan Smolin. P.O. Box 5128, Garden Grove, a member of the Cypress College
Foundation, stated the funds from the sale of the property would be used to
provide scholorships, equipment and operating items not normally provided in
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the educational budget for Community Colleges. He stated that the Cypress
College Foundation property would be extremely difficult to develop without
including the Arco corner and is requesting the Council approve this
application.
Ms. Vincie Greene. 10032 St. Francis Circle. Cypress. explained she was
originally against the project and now is in somewhat of a quandry on the
matter. She stated her original concerns regarding the proposed mini-mart and
after talking with the Arco representative is now more comfortable with the
project.
Mr. Jim O'Hara. 9194 Ethel Street. Cypress. speaking on behalf of the Cypress
College Foundation. would appreciate Council's consideration in assisting the
foundation by approving this application.
Dr. Al Mibeck, Mibeck and Hunter, 4049 Ball Road, Cypress, a member of the
Cypress College Foundation, stated that there are severe limitations on what
developments can made on the property and the solution would be to combine it
with the Arco parcel and requests Council consider the approval of the C.U.P.
87-14.
COUNCILMAN CORONADO ARRIVED AT 8:47 P.M.
Ms. Elizabeth Torres. 10022 St. Francis Circle, Cypress, stated she lives less
than 100 feet from the proposed AM/PM Mini-Mart, wished to clarify questions
related to the of beer and wine sales, following which she suggested a
limitation on the hours of sale.
Mayor Kanel asked if anyone wished to speak in opposition to the application.
Mr. Harry Manos. 4251 Avenida Madrid, Cypress, opposed granting an application
to an AM/PM market that sells liquor and believed the school district could
appeal to other organizations or the state for funds.
Ms. Virginia Caldwell, 4134 Elizabeth Court, Cypress, stated she objected to
so many mini-markets selling beer and liquor, believed a saturation point has
been reached and opposed the application.
Mr. Joe Pollens, 5451 Cynthia Circle, Cypress, stated he opposed the Arco
mini-market application, especially the sale of alcohol.
Mr. John Jonlick, 4783 Larwin. Cypress, reported he is against the mini-mart
because there are already three businesses selling beer and wine at that
corner and there has been trouble at the Arco station in the past.
Ms. Connie Jo, 5181 Pino Street, Buena Park, representing Eddie's Liquor
Store, related that she is against the mini-market because there are already
too many liquor stores in the area and presented a map which showed the
location of liquor stores in the area.
Mr. Sam Montoya, 10292 Ethel, Cypress, asked if it was really necessary for
Arco to sell beer and wine and voiced his opposition. He was also concerned
with the additional amount of traffic this business would create and the over-
saturation of businesses selling liquor.
Mr. Thomas Upton, 4638 Larwin, Cypress, agreed with the citizens who were
opposed to the AM/PM mini-mart on Ball Road and Moody Street.
Ms. Beverly Bywater 5042 Bell Avenue, Cypress, stated she is against the
application because Ball and Moody is a bad intersection with a history of
traffic problems and there are already two stores selling alcoholic beverages
nearby.
The Mayor then called upon the applicant to provide a rebuttal if they wished
to do so.
Ms. Beteag, the Arco representative, responded that she had a number of
comments to address to the Council including: 1) many of the local residents
have informed her that the local competition is aggressively pursuing
signatures; 2) it is on record with the Planning Department that the nearest
residents are for the project; 3) Cypress Police Department feels the eight
foot wall meets all security standards; and 4) only 2% of Arco's floor space
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is set aside for beer and wine sales which is less than the local competition.
At this point. Councilman Davis asked the percentage of sales of beer and wine
and Ms. Beteag responded it represented 71 of sales, which amounts to 35 to
401 of gross sales dollars. Ms. Beteag also referenced studies done by USC,
Harvard and UCLA on alcohol consumption habits and is aware of the concerns of
the residents and was willing to impose a condition on their beer and wine
license to stop the sale of these beverages at midnight.
Councilman Mullen expressed concern about the fact that the market is
immediately adjacent to residences and asked if Arco would accept the
condition to close the market at 12:00 a.m. on weekdays and 2:00 a.m. on
weekends. with a 6:00 a.m. opening. Ms. Beteag stated that Arco could not
accept that condition with those hours of operation when there is an
investment of over a $1 million. The City Manager called attention to the
fact that one of the conditions of the application was that Council could
impose hours of operation on the AM/PM market should it become necessary. Ms.
Beteag acknowledged this condition was acceptable.
After further discussion. Ms. Beteag felt she had responded to all questions
and concerns presented and requested the Council to consider the care Arco has
taken to allay the concerns from the residents and the self-imposed condition
to stop the sale of alcohol at midnight and requested approval of the
application from the Council.
After further discussion by Councilwoman Arnold, Chief Lowenberg responded the
department is pleased with the proposed traffic flow plan presented for this
development.
Councilman Mullen expressed his support of the AM/PM market because the
proposed project will eliminate an unsightly piece of land. result in a
neighborhood asset. is good for the city and the neighborhood.
Councilwoman Arnold stated that she is not convinced that the only use for the
property would be to build an AM/PM Mini-market and there are several factors ",'.','lIiIIt
that do cause concern, the major concern being mixing the sale of alcohol and
gasoline. therefore. she is not supportive of the application.
Councilman Davis had a question on whether the additional new homes being
built would allow Arco to consider the additional non-alcoholic sales
sufficient to eliminate the beer and wine sales. He stated he is a proponent
of not mixing gasoline and alcohol and is not in support of the alcohol aspect
of the AM/PM market.
It was moved by Councilman Davis and seconded by Councilman Mullen to continue
this matter to August 10, 1987. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBER: Coronado
RECESS. Mayor Kanel called a recess at 10:00 p.m. At 10:15 p.m., the meeting
reconvened with all Councilmembers and staff present as before.
CONTINUATION OF CONSIDERATION OF VARIANCE 87-6 AND DESIGN REVIEW COMMITTEE NO.
87-25, DECREASE SETBACK ADJACENT TO RESIDENTIAL ZONE FOR A COMMERCIAL
BUILDING, 9081 TO 9101 WALKER STREET. Mayor Kanel opened the public hearing.
The Senior Planner summarized the staff report, with conditions, dated July
20, 1987 which represented a request to expand the Duke & Duchess clothing
business by constructing a commercial building on the northwest corner of
Walker and Camp Streets. The applicant also requested a variance to allow the
building to be constructed on the rear property line adjacent to a residential
lone. Parcel 9081 Walker is located in the CH-I0,000 Commercial Heavy Zone
and 9091 and 9101 Walker are in the CG-I0,OOO Commercial General Zone. The
site plan submitted shows a single one-story building with approximately 8.250
square feet of gross floor area. 30 parking stalls, landscaping, a rectangular
building with a "Spanish" design constructed with stucco siding and red clay
tile roof. Staff recommended that City Council deny Variance No. 87-6 since a
legal hardship has not been demonstrated for the granting of the variance.
Mayor Kanel asked if anyone wished to speak in support of the application.
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Mr. Jim Moffett. Beck Moffett & Associates. 1224 Village Way. Ste. D. Santa
Ana, representing the applicant Alan DeKovner, stated an important item that
was considered was the customers convenience of ingress. egress and parking
in front of the building. The Planning Department had recommended that the
parking be at the rear of the building and he cited the problems that this
situation would create for customers and neighbors with regard to traffic and
noise. Also. with the proposed building on the rear property line, there
would be no windows or doors, there would be a four hour fire wall and would
allow the landscaping the City desired.
In response to a question from Councilman Mullen, Mr. Moffett stated that it
was the intent of the applicant to consolidate all three parcels into one
piece of property, which is already in process.
Mayor Kanel asked if anyone wished to speak in opposition to the application.
No one wished to do so.
Councilwoman Arnold stated she did not have a problem with a zero setback or
the design of the building. Councilman Davis stated he has looked at the
site. the owner needs the space. the block wall will not be immediately
against the neighboring residences and, therefore, he is in favor of the
application. Councilman Coronado asked staff for further discussion on
special privilege as it relates to variances in order to avoid setting a
precedent.
In responding to a question by Councilman Mullen, the City Attorney stated
each variance will stand on its own, but staff has to look at similarities and
felt this would be a special privilege because it would treat this property
differently. The Council can make a different finding which does not set a
legal precedent, but it sets a factual precedent and the next time a similar
case occurs, the staff would report there are others in the circumstance where
a variance has been granted and factually it becomes something the Council
will have to consider.
Councilman Mullen stated that he supported staff's recommendation as the
applicant would still have considerable gross floor space with the 20 foot
setback and he considered a zero setback inappropriate for this property.
Mayor Kanel recommended a discussion between the architect and the Planning
Department to consider a compromise setback and would like to see it continued
if a stalemate does exist and have this matter resolved with the Planning
Department. Mr. Essex and the applicant.
Mr. Alan DeKovner. Duke & Duchess, stated he requested the parking lot in the
front rather than the back of the property for the security and safety of the
employees and customers and to prevent traffic congestion.
The City Attorney stated the proposed improvement is an attempt to obtain a
building on what would normally be a setback requirement and it would be quite
an exception the City would be allowing and other applicants will ask for
similar consideration.
Mr. Steve Robbins, 6172 Rosemary Drive, Cypress, speaking on behalf of the
applicant, reported the zoning on Lincoln Avenue is CH-I0,OOO and also Ml-
10,000 overlay. which allows the zero lot line.
Councilman Mullen concurred with the preference for front parking and it does
contribute to the policing of the premises and wondered if there was an
alternative to parking at the rear of the building.
In response to questions, the Senior Planner reported that staff was unable to
arrive at an alternative to meet the city's development standards and put all
of the parking in the front.
Mr. Essex voiced his concern, as did the City Attorney, about similar lots and
the approach the City has taken with those lots and if Council wished to
consider continuation, staff could look at some other design that would be
satisfactory to both parties.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
this matter to August 10, 1987. The motion unanimously carried by the
following roll call vote:
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AYES: 5 COUNCILMEMBERS: Arnold. Coronado. Davis. Mullen & Kanle
. NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 87-7, WROUGHT IRON FENCE IN
FRONT YARD SETBACK, 4587 LEMON CIRCLE. Mayor Kanel opened the public
hearing. Ms. Hamlin. the Senior Planner. presented the staff reported dated
July 17, 1987 which represented a request for a variance to allow installation
of a five foot high wrought iron fence with a swinging gate in the front yard
building setback. The Zoning Ordinance limits front yard fences to a maximum
of three and one-half feet high. The subject property is located at 4587
Lemon Circle in the RS-6.000 Residential Single-Family Zone. Mr. and Mrs.
Solis have operated this home for the elderly for approximately one and one-
half years and this application for a variance is in response to two
complaints received by staff from neighboring residents who reported the
existing fence. If the home care facility is considerd essentially the same
as any other single-family home, as required by State law, then the granting
of the variance may constitute a special privilege denied other property
owners in the same lone. Staff recommended the City Council deny Variance No.
87-7. Should the Council approve Variance No. 87-7, staff recommends the
approval be subject to conditions.
In response to a question posed by Councilman Davis, Mr. Essex responded that
there was not a pre-emption issue due to the State stipulating this type of
fencing for these facilities, therefore. the Council is not prohibited from
deciding on the fencing.
In response to a question from Mayor Kanel, the City Attorney stated that
denial of this application would require the fence to be torn down.
The Mayor asked if anyone wished to speak in support of the application.
Ms. Rosa Solis, 4587 Lemon Circle, Cypress. the applicant, stated that their
main purpose and concern in building the fence was to protect their elderly
patients and read a letter from a next door neighbor who was supportive of
retaining the fence.
Mr. Gerald Vankoevering, 4881 Ridglea Avenue, Buena Park, stated his wife has
been in the care of the Solis family for over a year and the only pleasure she
has left is walking and requested approval of the variance.
Mayor Kanel asked if anyone wished to speak in opposition of the application.
Mr. Richard Maney, 9946 Fernbury Street, Cypress, reported he had no objection
to the home care facility, but felt the fence is unslightly and he did not
want this to set a precedent in the neighborhood.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing and adopt the Resolution by title only, title as follows,
approving Variance No. 87-7 subject to the three conditions outlined in the
staff report.
RESOLUTION NO. 3278
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM SECTION 9.6A OF THE CITY OF CYPRESS ZONING ORDINANCE TO
ALLOW THE INSTALLATION OF A 5' HIGH WROUGHT IRON FENCE IN THE FRONT YARD
BUILDING SETBACK - VARIANCE NO. 87-7.
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
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
the following public hearings to August 10, 1987:
Consideration of Public Hearing Re: Conditional Use Permit No. 87-17,
40-Unit Apartment Complex. 6402-6420 Orange Avenue.
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Consideration of Public Hearing Re: Conditional Use Permit No. 87-18,
Retail Shopping Center, Northwest Corner of Katella Avenue and Meridian
Drive.
Hearing no objection. Mayor Kanel continued these matters to the next meeting.
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADDING SECTIONS 17-42 THROUGH 17-50 TO CHAPTER 17 OF THE CODE OF THE CITY OF
CYPRESS REGULATING SMOKING IN PUBLIC AREAS. Mayor Kanel asked if there were
any comments on the matter at this time.
Mr. Jerry Austin, 4312 Pearl Court. Cypress. referred to the articles he had
previously presented to Council and stated he was asking Council to strengthen
the proposed no smoking ordinance.
After further discussion, is was moved by Councilman Mullen and hearing no
objection. Mayor Kanel continued the matter to July 29, 1987.
CONSIDERATION OF THE CYPRESS GREENBELT PRESERVATION AND OPEN SPACES ORDINANCE
INITIATIVE PETITION. Mr. Essex reported that the City Clerk has certified
that sufficient signatures were submitted to qualify the Cypress Greenbelt
Preservation and Open Spaces Ordinance Initiative Petition to be either
adopted by the City Councilor set for a special election. In the event the
Council wishes to call a special election, this measure could be consolidated
with the November 3. 1987 county-wide election. The required Resolutions have
been drafted calling for the special election for Tuesday, November 3, 1987
and if the Council wished to proceed with this election. the County has
indicated that the deadline for submittal of Arguments is August 13, 1987 and
the deadline for Rebuttals be set for August 23 (next working day, since the
23rd is a Sunday).
The City Attorney submitted a correction. which would be inserted in the boxed
portion of all three resolutions, fourth line from the bottom and would now
read: "...Plan which is inconsistent with Subparagraph (a) hereinabove
as...." in order to clarify the reference of subparagraph (a).
In response to a question from Mayor Kanel, the City Attorney stated he would
be directed to write the analysis, the Council has the option of continuing
its prior practice of impartiality or the Council has the option of filing a
written argument and anyone who wishes to file an argument notifies the City
Clerk.
Mr. Neal Papiano. representing the owner of the Los Alamitos Race Track area,
stated that Council's adoption of the initiative or setting an election will
lead to substantial legal problems in the future; noting that there is another
choice of determining whether the petition is a valid legal document and that
it is his client's position that there are several reasons why the initiative
is invalid and violates state statutes and the U.S. constitution. He informed
the Council that he believes this initiative is clearly a taking of private
property for use by other persons without compensation and, if it passes, the
Constitution of the United States and the Supreme Court has said there has to
be compensation. He also stated that there is a right to take the property
but when it is taken from private individuals, the fair market value must be
paid and that is what is occurring now when the property is made economically
unfeasible.
Mr. Papiano believes there is sufficient case law and precedent and at some
point in time an action will be filed for the taking of the property and if
his client is right. it means millions of dollars and he would like to see
some agreement arrived at because this would be best for all the parties. He
concluded that there will be no winner in the litigation that is bound to
follow.
Mr. Patterson. the City Attorney, presented the Council's position that State
law provided when there is an initiative petition that the ordinance is either
passed or it is submitted to the electorate and those are the legal
alternatives, unless directed otherwise by a court of competent jurisdiction
after a proper finding that it is an legally invalid ordinance.
Councilman Coronado assured Mr. Papiano that no one has been vindictive on the
part of the Council in considering Hollywood Park's development proposals.
Mr. Papiano stated he did not mean to imply that at all and Councilman
Coronado declared he wished to have the statement clarified for the record.
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Mayor-Kanel stated that it was his desire that somehow there could be
compromise.
It was moved by Councilman Coronado and seconded by Councilman Mullen to adopt
the Resolution by title only, title as follows. to approve holding a special
municipal election on Tuesday. November 3, 1987 for the submission of a
proposed ordinance.
RESOLUTION NO. 3279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA.
CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
ON TUESDAY. NOVEMBER 3, 1987. FOR THE SUBMISSION OF A PROPOSED
ORD I NANC E.
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
It was moved by Councilman Coronado and seconded by Councilman Mullen to adopt
the following Resolutions by title only, titles as follows requesting the
Supervisors of the County of Orange to consolidate a Special Municipal
Election to be held on November 3. 1987, and authorizing certain of its
members to file a written argument regarding a city measure and directing the
City Attorney to prepare an impartial analysis.
RESOLUTION NO. 3280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3. 1987,
WITH THE SCHOOL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION
23302 OF THE ELECTIONS CODE.
RESOLUTION NO. 3281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING
A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS.
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
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 87-32, THREE-STORY OFFICE
BUILDING, NORTHEAST CORNER OF BUSINESS CENTER DRIVE AND COMMERCE STREET.
Hearing no objection, Mayor Kanel continued this item to the meeting on July
29. 1987.
CONTINUATION OF CONSIDERATION OF FINANCING PUBLIC IMPROVEMENTS WITHIN THE
CYPRESS BUSINESS PARK. Mayor Kanel referred to staff report dated June 19,
1987 indicating staff had conducted further discussions with the Cypress
Business Park landowners and had resolved several details in the proposed
Resolutions and Ordinance that were of concern prior to further City Council
consideration. Staff recommended City Council receive and file staff reports
dated January 27, February 17, May 14 and June 19 and also recommended
adoption of the Resolutions and approval of the first reading of the
Ordinance.
It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt
the Resolutions and the first reading of the Ordinance by title only, title as
follows:
RESOLUTION NO. 3282
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City Council Minutes July 27, 1987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING FORTH
ITS POLICIES REGARDING THE EFFECTS ON CITY SERVICES OF LAND
. DEVELOPMENTS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING
PUBLIC IMPROVEMENT PROGRAMS AND PUBLIC IMPROVEMENT FEES.
RESOLUTION NO. 3283
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO THE
ADOPTION OF ORDINANCE NO.
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
CONSIDERATION OF FIREWORKS BAN. Mr. Essex suggested this matter be continued
to the August 10 meeting when the Fire Department is scheduled to be present
and send out a notice to all fireworks stand permitees that this matter will
be subject to discussion at that time. Hearing no objections, Mayor Kanel
continued this item to the next meeting.
CONSIDERATION OF AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 87-13, RETAIL/OFFICE
BUILDING, 5735 LINCOLN AVENUE (NORTHWEST CORNER OF LINCOLN AVENUE AND LOS
ALTOS DRIVE). Hearing no objection, Mayor Kanel continued this matter to the
July 29, 1987 meeting.
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 recommendation listed on the agenda.
Councilman Davis requested that Item N16 be removed from the Consent Calendar.
It was moved by Councilman Coronado and seconded by OOllilcilwoman Arnold to
approve Consent Calendar Items N3 through N19 with the exception of Item N16.
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 N3: Motion to Approve City Council Minutes of the Regular Meeting of
July 13, 1987
Recommendation: That the City Council approve the Minutes of July 13, 1987,
as submitted, with Council Members Davis and Mullen abstaining due to their
absence at the meeting.
Item N4: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item N5: Consideration of Application for an Original Alcoholic Beverage
License Filed by Lynda & Tony Kato, D.B.A Country Kitchen, 6151 Ball Road,
Cypress.
Recommendation: That the City Council receive and file the subject
application contingent upon the approval/disapproval of Conditional Use Permit
No. 87-20 scheduled for a Public Hearing at the August 10, 1987 Council
meeting.
Item N6: Consideration of Attendance to the League of California Cities'
Annual Conference Scheduled for October 4 - 7, 1987, in San Francisco.
Recommendation: That the City Council authorize the attendance of any
interested Council Members and staff members to the League of California
C it i es annual conference to be held on October 4 - 7, 1987, in San Francisco
and be reimbursed for all actual and necessary expenses incurred.
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4li1y Council Minutes July 27. 1987
Item ##7: Consideration of Claims Filed by Jodi Ann Truhan/Wayne Kevin Truhan,
Tiffany Truhan (a minor) and Matthew Truhan (a minor).
Recommendation: That the City Council officially reject the subject claims
and refer them to the City's Claims Administrator. Carl Warren & Co.. for
appropriate disposition.
Item #8: Consideration of Authorization for the Public Works Director to
Attend the American Public Works Association's Annual Conference.
Recommendation: That the City Council authorize the attendance of Robert
Beardsley. Director of Public Works/City Engineer. to the American Public
Works Association's annual conference scheduled for September 19 - 24, 1987.
in Chicago. Illinois and be reimbursed for all actual and necessary expenses
incurred.
Item ##9: Consideration of Claim Filed by Southern California Edison Company.
Recommendation: Receive and file.
Item #10: Consideration of Application for an Original Alcoholic Beverage
License Filed by Harout Sarkis Tataroughly, D.B.A. AM-PM Market. 4900 Ball
Road. Cypress.
Recommendation: That the City Council receive and file this application
contingent upon the approval/disapproval of Conditional Use Permit No. 87-14
to be considered by the City Council at the July 27, 1987 meeting.
Item #11: Consideration of Application to Present a Late Claim Filed by James
C. Rainwater.
Recommendation: That the City Council officially deny the subject Application
to Present a Late Claim.
Item #12: Consideration of Easement for Ingress and Egress Over the North
Side of the Stanton Storm Channel Between Valley View and Knott Streets.
Recommendation: That the City Council approve the Easement Deed to the Orange
County Flood Control District for ingress and egress purposes and authorize
the Mayor and City Clerk to sign the Easement Deed.
Item N13: Consideration of Renewal of Family Health Program (FHP) Medical
Plan.
Recommendation: That the City Council authorize the renewal of the FHP
Medical Plan as outlined in the report.
Item N14: Consideration of Employment List - Mechanic I
Recommendation: That the City Council certify the Employment List for the
position of Mechanic I as submitted.
Item N 15: Consideration of Promotional Employment List - Principal
Engineering Aide.
Recommendation: That the City Council certify the Promotional Employment List
for the position of Principal Engineering Aide as submitted.
Item N 17: Consideration of Cable Television Complaint.
Recommendation: Receive and file.
Item N18: Consideration of the Cable Television Advisory Committee Report
Summarizing its Activities.
Recommendation: Receive and file.
Item N19: Consideration of Authorization for the City Manager to Attend the
73rd Annual International City' Management Association (ICMA) Conference.
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City Council Minutes July 27. 1987 475
Recolllllendation: That the City Council authorize the attendance of the City
Manager to the 73rd Annual ICMA Conference to be held on October 25 - 29.
1987. in Montreal. Canada and be reimbursed for all actual and necessary
expenses incurred.
EXECUTIVE SESSION. Mayor Kanel called an Executive Session at 12:20 p.m. to
discussion litigation matters.
The Mayor called the meeting back to order at 12:48 p.m.
ADJOURNMENT: Due to the lateness of the hour. Mayor Kanel adjourned the
meeting at 12:50 p.m. to Wednesday. July 29. 1987 at 7:00 p.m. and continued
the following Agenda items.
Consideration of Extension of the Agreement for Emergency Medical
Transportation Services.
Consideration of Award of Contract for Police Vehicle Replacement.
Continuation of Consideration of Communication from Cypress High School
Business Department Requesting Financial Assistance to Purchase a
Desktop Publishing System.
Continuation of Consideration of Request for a Pedestrian Signal at
Walker and Aspen Streets.
Continuation of Consideration of Management Salaries.
Continuation of Consideration of Public Works Contract Change Order
Administration Policy
Continuation of Consideration of Discussion on Written Bid Procedures.
Continuation of Consideration of Newsletter Articles.
Continuation of Consideration of Expiration of Terms of Recreation &
Community Services Commissioners
Consideration of the Cable Television Advisory Committee's Report on
Grant Guidelines.
Consideration of a Cable Television (CATV) Commission.
Consideration of a Communication Regarding Animal Control Regulations.
Consideration of Purchase of Portable Radios - Police Department
Consideration of Approval of Commercial Warrant List for Warrants No.
21492 - 21675.
ATTEST:
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