Minutes 87-09-14
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 14, 1987
The regular meeting of the Cypress City Council was called to order at 5:37
p.m. an Monday, September 14, 1987, in the Cypress City Council Chamber, 5275
Orange Avenue, Cypress, California, Mayor Pro Tem William Davis presiding.
PRESENT: Councilmembers Arnold, Coronado, Davis and Mullen
ABSENT: Councilmember Kanel
Also present were City Manager/ City Clerk Darrell Essex and Planning Director
Chris Eynon.
Mayor Pro Tem Davis advised, for the record, that Mr. Kanel was out of the
country on other business.
ORAL COMMUNICATIONS: Mayor Pro Tem Davis asked if anyone wished to speak of
matters on the 5:30 p.m. portion of the Agenda. No one wished to do so.
THE CITY ATTORNEY, JERRY PATTERSON ARRIVED AT 5:48 P.M.
In answer to a question from Councilman Coronado, the Planning Director
responded that the information requested on the Texaco Tank Farm will be
provided as a part of the draft Environmental Impact Report (EIR) and
suggested awaiting a summary of the draft, which will be made available to the
Council within the next few weeks.
CONSIDERATION OF RETENTION OF PROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR
TRAFFIC IMPACT REPORT (CYPRESS LAND COMPANY. SOUTHEAST CORNER OF VALLEY
VIEW/KATELLA). CITY Of CYPRESS PROJECT NO. 8819-90L. The City Manager
summarized the staff report dated September 1, 1987 which indicated that
proposals had been requested for a Traffic Impact Report in the Cypress
Business Park area from three consulting firms. This study is required due to
the proposed commercial development of 21.5 acres on the southeast corner of
Valley View Street and Katella Avenue. The proposal of Kunzman and Associates
in the amount of $3,300.00 is within the engineer's estimate and the City will
be fully reimbursed by Cypress Land Company for this report. Staff
recommended the award of this contract.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
authorize the professional services of Kunzman and Associates, 4664 Barranca
Parkway, Irvine, CA for a Traffic Impact Report in the Cypress Business Park
area (Cypress Land Company, Southeast corner of Valley View/Katella) per said
firm's proposal in the amount of $3,300.00 which shall be reimbursed to the
City by Cypress Land Company.
The motion unanimously carried by the following roll cal I vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION Of RENEWAL OF CONTRACT WITH SIGNAL MAINTENANCE, INC.. FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES, CITY OF CYPRESS PROJECT NO. 8534-90. The
City Manager recapped the staff report dated September 4, 1987 which indicated
the City's contract with Signal Maintenance, Inc. (SMI) expired on September
1 , 198/. SMI is wi I ling to enter into a new three year contract at a price of
$46.27 per intersection per month. This amounts to a six (6) percent increase
over the October 1985 rate of $43.65. Staff recommended that this contract be
renewed for an additional three year period ending September 14, 1990.
Mayor Pro Tem Davis noted that the staff report quoted an annual routine
maintenance cost of $1,990 which was in error and should be changed to reflect
an annual cost of $23,880.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
approve the renewal of the traffic signal maintenance contract with Signal
Maintenance, Inc., Anaheim, 2720 East Regal Park Drive, Anaheim, CA 92806 for
a three year periOd in the amount of $23,880 per annum.
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City Council Minutes September 14, 1987
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The mo~ion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF AWARD OF CONTRACT FOR THE SECOND PHASE OF THE NETWORKED
OFFICE AUTOMATION SYSTEM. The City Manager summarized the staff report dated
September 8, 1987 which described the second phase of the Turnkey Networked
Office Automation System for the City and Recreation District included in the
1987-88 budget which was approved by the City Council on June 22, 1987. Staff
is proposing to purchase 21 of the computers plus three of the budgeted
printers and the ather hardware and software associated with the additional
workstations. The total cost of the current proposal is $130,948.90 of which
$120,161.70 is far computer hardware and $10,787.20 is for software purchase.
Modifications to the existing networked configuration caused the proposal to
exceed the budgeted amount by approximately $12,400. Since Integrated Systems
Group (ISG) has agreed to provide the new equipment and software at the same
quoted prices in the original bid, staff recommended continuing the second
phase of the Networked Automation System with this company.
It was moved by Councilman Coronado and seconded by Councilman Mullen to: 1 )
Approve a transfer of $12,400 from the unreserved fund balance of the General
Fund to the Internal Service Fund and appropriate $12,400 to account number
4910-90-656-35; and 2) Accept the proposed second phase of the Networked
Office Automation System based on the Request far Proposal No. 8687-12 and
authorize the Mayor to sign a contract with Integrated Systems Group, Inc.,
920 East Broadway, Glendale, CA to provide the second phase in the amount of
$130,948.90.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None ""'~""l\l'~
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSENT CALENDAR:
All matters listed an 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.
The City Manager requested Item #15, Consideration of Parking Restrictions on
Certain Local Streets in the Cypress Park be removed for further study.
Councilman Coronado requested removal of Item #25, Consideration of Resolution
of the City Council of the City of Cypress Designating the Texaco Tank Farm
Site as a Redevelopment Survey Area.
Mayor Pro Tem Davis requested Item #19, Consideration of a Resolution
Authorizing Counsel for the County of Orange to Defend the City in Actions
Relating to the Refund of Property Taxes; Item #25; and Item #27,
Consideration of Contract Change Order NO.1 for Cedar Glen Park Multi-Use
Court, City of Cypress Project No. 8722-90 be removed from the Consent
Calendar.
Councilwoman Arnold requested removal of Item #17, Consideration of Contract
Change Order No. 1 for Slurry Seal of Various Streets in the City of Cypress, ~
Project No. 8759-90.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
approve the Consent Calendar Items #4 through #29 with the exception of Items
#15, 17, 19, 25 and 27. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
Item #4: Motion to Approve City Council Minutes of the Regular Meeting of
August 24, 1987.
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City Council Minutes September 14, 1987 21
Recorrmendation: That the City Council approve the Minutes of August 24, 1987
as submitted, with an abstention vote from Councilman Coronado due to his
absence at the meeting.
Item 5: Motion to introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and To Waive Further Reading.
Item 6: Consideration of Proclaiming September 16, 1987, as "A Celebration of
1,\*+_ Citizenship Day" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim September
16, 1987, as "A Celebration of Citizenship Day" in the City of Cypress.
Item #7: Consideration of Proclaiming September 18, 1987, as ~POW/MIA
Recognition Day" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim September
18, 1987, as "POW/MIA Recognition Day" in the City of Cypress as requested.
Item #8: Consideration of Monthly Investment Report for the Month of July
1987.
Recorrmendation: Receive and file.
Item #9: Consideration of Proclaiming October 1987, as "Escrow Month".
Recommendation: That the Mayor and City Council officially proclaim October
1987, as "Escrow Month" in the City of Cypress.
Item #10: Consideration of an Application far Alcoholic Beverage License
Transfer Filed by Kanchan M. & Kewal K. Jain, D.B.A. Cedar Liquor, 6155 Ball
Road, Cypress.
Recommendation: Receive and file.
Item #11: Consideration of Proclaiming October 4-10, 1987, as "Fire
Prevention Week".
Recommendation: That the Mayor and City Council officially proclaim October
4-10, 1987, as "Fire Prevention Week" in the City of Cypress.
Item #12: Consideration of Proclaiming October 4-10, 1987, as "Domestic
Violence Awareness Week".
Recommendation: That the Mayor and City Council officially proclaim October
4-10, 1987, as "Oomestic Violence Awareness Week" in the City of Cypress.
Item #13: Consideration of Setting a Public Hearing for the Establishment of
Underground Utility District #5 on Lincoln Avenue, City of Cypress Project No.
8749-90.
Recommendation: That the City Council set the time, date and place of a
Public Hearing for consideration of establishing Underground Utility Oistrict
NO.5 on Lincoln Avenue, extending from 435" east of Moody Street to the west
City Limits, as 7:30 p.m., October 13, 1987, in the City Council Chamber.
Item #14: Consideration of Appropriation of 1986-87 Encumbrances - City
Recommendation: That the City Council authorize appropriations per the
worksheet attached to the report dated August 28, 1987, totaling SI,381,965 to
the funds listed below:
General Fund 11 $302,132
2106 Gas Tax Fund 22 479,130
Central Services Fund 90 325,451
Stanton Channel Fund 27 16,917
Sanitary Sewer Fund 41 53,671
Community Redevelopment Fund 35 204,664
Item #16: Consideration of Acceptance of the Telephone System Contracts.
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City Council Minutes September 14, 1987
Reco~~dation: That the City Council: 1) Accept the installation of the
City/Di.strict telephone system as performed by Nationwide Business Telephones,
DBA Team Centrex, as being satisfactorily completed in accordance with the
Telephone System Specifications; and 2) Accept the provision of a
City/District telephone system switch and system features provided by Pacific
Bell, as being satisfactorily completed in accordance with the Telephone
System Specifications.
Item #18: Consideration of a Resolution Determining that Park and Recreation
Fees May be Used as Appropriated in the 1986-87 Budget. ~
Recommendation: That the City Council adapt the Resolution by title only,
title as follows, determining that the Park and Recreation fees may be used as
appropriated in the 1986-87 Budget.
RESOLUTION NO. 3297
A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CYPRESS DETERMINING
THAT PARK AND RECREATION FEES MAY BE USED AS APPROPRIATED IN THE 1986-87
BUDGET.
Item #20: Consideration of Minute Order Declaring that the First Meeting Day
in October is Tuesday, October 13.
Recommendation: That the City Council dlrect that the flrst meeting in
October will be held on Tuesday, October 13, 1987, due to the Columbus Day
holiday.
Item #21: Continuation of Consideration of Discussion on Written Bid
Procedures.
Recommendation: That the City Council continue consideration of this item to
the meeting of October 13, 1987.
Item #22: Consideration of Adoption of Resolution Approving the Property Tax
Transfer for the Forest Lawn Annexation.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, confirmlng the application of the Master Property Tax
Transfer Agreement to the proposed Forest Lawn Municipal Reorganization No.
105.
RESOLUTION NO. 3298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT
TO THE PROPOSED FOREST LAWN MUNICIPAL REORGANIZATION NO. 105.
Item #23: Consideration of a Communication From the City of Santa Ana
Requesting the City of Cypress to Share in the Cost of a Video Program and
Brochures on the CountY-Wide Transportation Issues.
Recommendation: That the City Council continue consideration of this item to
the meeting of September 28, 1987.
Item #24: Consideration of Proclamation Honoring the City of Tustin on its
60th Year of Incorporation.
Recommendation: That the Mayor and City Council issue a Proclamation honoring .
the City of Tustin on its 60th Anniversary.
Item #26: Consideration of Design Review Committee No. 87-27, Entry Signs and
Landscaping Planter, Southwest (orner of Valley View Street and Cerritos
Avenue.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item #28: Consideration of Appropriation of 1986-87 Encumbrances - Park
District
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Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, authorize
appropriations per the worksheet ~ttached to the report dated August 28, 1987,
far encumbrances and capital projects totaling $377,349 to the General Fund
and $1,117 to the Central Services Fund.
Item #29: Consideration of Appointments to the 1987-88 Youth Commission.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation & Park District, ratify staff"s
recommendations for the 1987-88 Youth Commission and Task Force appointments
as outlined in the report dated September 4, 1987.
In regard to Item #15, Consideration of Parking Restrictions on Certain Local
Streets in the Cypress Park, Mayor Pro Tem Davis hearing no objection
continued this matter to September 28.
Regarding Item #17, Consideration of Contract Change Order No.1 for Slurry
Seal of Various Streets in the City of Cypress, Project No. 8759-90, the City
Manager responded to a question from Mayor Pro Tem Davis stating that the City
had miscalculated the amount of sandblasting needed and this is to correct
that miscalculation.
After further discussion, it was moved by Councilman Mullen and seconded by
Councilwoman Arnold to approve Contract Change Order No.1 in the amount of
$7,510.00 and amend the total contract price to $67,035.75. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCIlMEMBERS: Kanel
With regard to Item #19, Consideration of a Resolution Authorizing Counsel for
the County of Orange to Defend the City in Actions Relating to the Refund of
Property Taxes, Mayor Pro Tem Davis asked if the defense by Orange County
Counsel in actions relating to the refund of property taxes only impacted the
City of Cypress. In response, the City Attorney stated that this action
affects most of the cities in Orange County and all of those named defendants
will probably use the County for defense, for which the cities will be
assessed a prorata share of the fees.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to adopt
the Resolution by title only, title as follows, authorizing the Counsel for
the County of Orange to defend the City in actions seeking the refund of
property taxes.
RESOLUTION NO. 3299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING
COUNSEL FOR THE COUNTY OF ORANGE TO DEFEND THE CITY OF CYPRESS IN
ACTIONS BROUGHT AGAINST THE CITY UNDER ARTICLE 2 (REFUND ACTIONS BY
TAXPAYERS) OF THE REVENUE AND TAXATION CODE.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
With reference to Item #25, Consideration of Resolution of the City Council of
the City of Cypress Designating the Texaco Tank Farm Site as a Redevelopment
Survey Area, and in answer to a question posed by Mayor Pro Tem Davis, the
Planning Director responded that the proposed Resolution has been reviewed and
approved for compliance.
Councilman Coronado expressed his concern as to the proper method of
renovation of the property by the developer and the City Attorney advised that
the Resolution establishes the property as a study area and places greater
restrictions on the developer.
It was moved by Councilman Coronado and seconded by Councilman Mullen to adopt
the Resolution by title only, title as follows, designating the boundaries of
a Redevelopment Survey Area for study purposes.
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City Council Minutes September 14, 1987
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RESOLUTION NO. 3300
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
DESIGNATING THE BOUNDARIES OF A REDEVELOPMENT SURVEY AREA FOR STUDY
PURPOSES.
The motion unanimously carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
Regarding Item #27, Consideration of Contract Change Order No.1 for Cedar
Glen Park Multi-Use Court, City of Cypress Project No. 8722-90, the City
Manager responded to a question from the Mayor Pro Tem that there was more
excavation required than specified by the City's request for proposal.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold that the
City Council, acting as the ex officio governing Board of Directors of the
Cypress Recreation & Park District, approve Contract Change Order No.1, in
the amount of $917.50 and amend the total contract price to $6,340.10 for City
of Cypress Project No. 8722-90. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
ORDINANCES: (Second Reading)
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to order
the following Ordinance read by title only, title as follows and to adopt the
Ordinance:
ORDINANCE NO. 784 """....,,"~
AN OROINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
7.2.6(c)(I) OF THE PLANNED COMMUNITY BUSINESS PARK ZONE NO.5 OF
ORDINANCE 640, THE lONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS
AMENDMENT TO THE ZONING ORDINANCE NO. 87-3.
lhe motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
STUDY SESSION: The City Manager requested that an item on the 1:30 Agenda,
Final Review and Approval of the Disposition and Development Agreement (DDA)
By and Between the Cypress Redevelopment Agency and National Church Residences
of Cypress, CA, be moved forward and discussed at this time. The City
Attorney advised Council of the two changes in the DDA: I) price; and 2)
language that adds the words "and handicapped". He further advised that the
federal law states that the housing must be for senior or handicapped persons
and HUD would not approve the agreement unless it included the provision for
handicapped.
After further discussion, the Planning Director explained that this Agreement
was for the disposition and development of the site and ensures that the focus fjI>>""'w"
throughout the document is on the final disposition of the site.
Councilman Coronado expressed his desire for stronger and more binding
language in the agreement.
lhe City Manager explained that the lengthy negotiations have resulted in what
staff considers a good agreement.
The Planning Director informed Council of the basic change in the land value
and the final figure is $480,400, which is the result of two separate changes,
one was for the actual improvements and the other was for the processing and
fi 1 i ng fees.
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EXECUTIVE SESSION: At 6:37 p.m., Mayor) Pro Tem Davis adjourned the meeting to
Executive Session to discuss matters of litigation and personnel.
The meeting reconvened at 7:35 p.m. with all Councilmembers and staff present
as before, including staff members Beardsley, DeCarlo, Hurst, Leonard, and
Lowenberg.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Coronado.
ORAL COMMUNICATIONS: Mayor Pro Tem Davis asked if anyone wished to speak of
matters an the 7:30 portion of the Agenda. No one wished to do so.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-18. RETAIL SHOPPING CENTER AND DRIVE-THROUGH RESTAURANT. NORTHWEST
CORNER OF KATELLA AVENUE AND MERIDIAN DRIVE.: Mayor Pro Tem Davis declared
the public hearing open. The Planning Director, Chris Eynon, summarized the
staff report dated September 2, 1987 which represented a request to construct
a retail shopping center and a drive-through restaurant at the northwest
carner of Katella Avenue and Meridian Drive in the PC-I, Planned Community
Business Park Zone. The subject site is nearly rectangular in shape and
consists of 94,177 square feet in area. The architectural elevations
submitted with the application indicate that the overall design scheme far the
three buildings will be Spanish modern. The buildings have been oriented so
that the center opens towards Target to help address any concerns that could
be raised about the retail center's compatibility with corporate uses.
Notices of the public hearing were published, posted and mailed to all
property owners within 300 feet of the subject property. To date staff has
not received any communications regarding this project. Staff recommended
approval of the Conditional Use Permit No. 87-18 subject to the conditions in
Exhibit "A".
Mayor Pro Tem Davis requested the applicant address the Council.
Mr. Jeff Smith, Cabot, Cabot & Forbes, 2390 E. Orangewood, Suite 380, Anaheim,
- stated they have worked very diligently with staff to complete the project and
believed that Council will be pleased. He further stated he had questions
concerning some of the conditions, which were addressed by the Planning
Director.
Mayor Pro Tem Davis asked if anyone wished to speak in support of the
application. No one wished to do so.
The Mayor Pro rem then asked if anyone wished to speak in opposition to the
application.
Lt, Col. Bill Davies, Los Alamitos Airfield, introduced Mr. Ed Peterson from
the Army Corps of Engineers who asked that the public be made aware of the
accident potential near an airfield and the Army and the Air Base have an
obligation to present these concerns to the public. He strongly recommended
that the notices of construction filed with the FAA by the builder be reviewed
by the Planning Department. In response to a question, the Planning Director
stated the FAA rulings are incorporated In the conditions.
It was moved by Councilman Coronado and seconded by Councilman Mullen to close
the public hearing and adopt the Resolution by title only, title as follows
approving Conditional Use Permit No. 8/-18 subject to conditions.
RESOLUTION NO. 3301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-018, RETAIL SHOPPING CENTER AND DRIVE-
THROUGH RESTAURANT, NORTHWEST CORNER OF KATELLA AVENUE AND MERIDIAN
DRIVE.
The motion unanimously carried by the following roll call vote.
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-19. SIX APARTMENT UNITS, 9532 WALKER STREET. Mayor Pro Tem Davis
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Ci~~ouncil Minutes September 14, 1987
opened the public hearing. The Planning Director summarized the staff report
dated September 3, 1987 which indicated this item was continued from the
August 10 to the September 14 meeting in order to provide additional time for
staff to meet with the applicant and address City Council concerns regarding
the location of the proposed carport parking structure adjacent to Walker
Street, and the architectural style chosen for the proposed apartments. Staff
has been unable to identify an alternative location for the covered parking
which satisfies Cypress' property development standards and if the location of
the carports is acceptable, there are a number of measures which could be
taken to reduce the visual impact from the street. The second concern ,.,
indicated by Council was the plain architectural style of the proposed
building and the applicant has indicated a willingness to redesign the
apartments; however, the applicant and staff feel it is important to determine
first whether the location of the carport structure and the measures to reduce
its visibility are acceptable before major changes are made to the design of
the apartment building. Staff recommended that the City Council take one of
the following actions: 1) Approve the location of the carport structure
between the apartments and Walker Street by continuing Conditional Use Permit
No. 87-19 to the Council meeting of October 13, 1987 to allow sufficient time
to revise the site plan by increasing the proposed carport structure"s setback
and to revise the architectural elevations, or 2) Deny Conditional Use Permit
No. 87-19 based upon a finding that the location of the carport structure is
incompatible with the purposes of Section 18, Design Review of the Cypress
Zoning Ordinance.
After further discussion, Councilman Coronado stated he was not in favor of
placing carports in front of the apartment building and does not feel this
would lend to the development of Cypress as a first-class city. Councilwoman
Arnold was not in favor of placing the carport in front of the building.
Mayor Pro Tem Davis asked if the applicant, Mr. Cota, wished to speak.
Mr. William. A. Morgan, 1210 N. Jefferson St., Anaheim, designer of the
project for Mr. Cota, explained that he had worked diligently with staff to
design the project to the ordinance and it is almost an impossibility with the P"''''''lN
lot size.
Mayor Pro Tem Davis asked if anyone wished to speak in support or opposition
to the application. No one wished to do so.
Councilman Mullen expressed support of Councilmembers Arnold and Coronado"s
position; however, in this instance he felt it would be unfair to the
applicant, and would support the project with the addition of a condition
extending the time of the landscaping bond. Councilman Coronado indicated a
ten year bond would be acceptable with the condition that the bond would
require the applicant to maintain the landscaping and stated, for the record,
that I am bending over a little bit from what the Council is really striving
to accompl ish in future developments. This lot, as Mr. Morgan said to us, is
a difficult lot to develop and I am taking that into consideration but 1
wouldn't be that easy every time.
Councilwoman Arnold expressed her opposition to carports opening onto the
street, asked to be provided more information on the project and requested
this application not be considered this evening.
Mayor Pro Tem Davis stated he was not in favor of the project at this point,
and suggested continuing this item while staff developed a landscaping and a
written bond plan.
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Ms. Eynon stated that before the architectural style is changed, the
landscaping, the berming and the bonding will be evaluated.
The applicant agreed to continue this matter to the October 13, 1987 meeting.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
continue the public hearing to October 13, 1987. The motion unanimously
carried by the following rol I call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
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City Council Minutes September 14, 1987 27
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMT NO.
87-22 AND DESIGN REVIEW COMMITTEE NO. 87-34. OFFICE. MANUFACTURING AND
WAREHOUSE BUILDING WITH LOADING DOCK. SOUTH END OF THE PROPOSED HOPE STREET.
SOUTH OF KATELLA AVENUE. Mayor Pro Tem Davis declared the public hearing
open. The Planning Director summarized the staff report dated September 9,
1987 which represented a request to construct a 142,000 square foot office,
manufacturing and warehouse building. The applicant is proposing a two phase
construction with the initial phase containing 122,000 square feet and phase
two will consist of an additional 20,000 square feet of warehouse space. The
applicant is proposing to construct loading docks containing nine doors on the
south side of the building facing single family homes at a distance of 230
feet and has indicated that Minolta will have approximately twelve truck trips
into the loading area and twelve truck trips out per day. The hours of
operation will be limited from 7:00 a.m. to 8:00 p.m. The zoning ordinance
requires the filing of a conditional use permit for those buildings which
propose to locate truck loading dock facilities facing a residential area.
Staff has worked extensively with the applicant regarding alternative designs
to accommodate a relocation of the loading docks and considered locating the
docks to the east or west of the building. Also considered was relocating the
loading docks to the front of the building. Notices of this public hearing
were posted, published and mailed to all property owners within 300 feet of
the subject parcel. To date, staff has received four complaints from
residents of Cantiles Avenue regarding the location of the loading dock. It
is staff's opinion that by limiting hours of truck dock activity and the
number of trucks, and by requiring a noise study to insure compliance with the
City's Noise Ordinance, as well as additional landscaping on the berm, the
compatibility issues have been addressed. If any other issue surfaces as part
of the public hearing, staff would recommend that additional mitigation
measures be incorporated to address those items. Otherwise, staff would
recommend approval of Conditional Use Permit No. 87-22 and Design Review
Committee No. 87-34. The Planning Director made a change in Condition #32
where it was inadvertently indicated that Minolta could not operate on
Saturdays or Sundays and requested that the word "Saturday" be deleted.
Mr. Brian Harvey, representing Cypress Land Company, 423 Bellagio Terrace, Los
Angeles, stated that this building will be Minolta's Western Distribution
Center and described the proposed project. He advised that the allowance for
12 trucks trips was not enough, was amenable to mitigating any noise and
acoustical testing had been conducted within the last few days.
In answer to a question from Councilman Mullen, Mr. Harvey responded he was
asking for an unrestricted number of truck trips.
Mr. Richard Sheff, Branch Operations Manager of Minolta, 23306 Sidley Drive,
Harbor City, stated that Minolta has a clean operation, relatively noise-free
and a low density operation. In addressing the truck trip issue, he stated he
anticipated more than 12 deliveries a day.
Mayor Pro Tem Davis asked if anyone wished to speak in support of the
application. No one wished to do so.
Mayor Pro Tem Davis asked if anyone wished to speak in opposition to the
application.
Ms. Terry Simpson, 6351 Cantiles Avenue, Cypress, stated her initial concern
was the noise. She is able to hear the truck noise from Mitsubishi now and
asked that Minolta consider placing the loading docks on another side of the
building.
Ms. Claudia Martinic, 6361 Cantiles Avenue, Cypress, stated she works at night
and sleeps during the day and feels the hours of loading and unloading are too
early, too long, and should not be allowed on Saturdays. She suggested moving
the proposed truck dock from the south side of the building.
Mr. Tony Martinic, 6361 Cantiles Avenue, Cypress, expressed his
dissatisfaction with the proposed design of the Minolta dock being placed on
the south next to the homes.
Mr. Carl Evans, 11271 Montserrat Street, Cypress, remarked on how annoying the
backup bells on trucks were and advised placing the loading docks on the north
side of the proposed building.
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2Stty Counci I Minutes September 14, 1987
Mr. Steve Oakley, 6323 Anguilla Avenue, Cypress, suggested that the loading
dock of the proposed project be relocated and urged Council deny Minolta's
request to place them an the south side of the building.
Dr. Lewis Mutalipassi, 6301 Cantiles Avenue, Cypress, advised he is currently
bothered by truck noise from Mitsubishi and expressed concern with truck noise
and pollution. He advocated denial of the request and the proposed loading
docks need to be relocated.
Mr. Lloyd Hexem, 6171 Barbados Avenue, Cypress, advocated a redesign of the ~_
proposed Minolta building with the loading docks placed on the north side.
Councilman Coronado mentioned, for the record, it was the Albertson"s problem
we had that did not have a berm to mitigate the noise that really prompted me
in my first year on the Council to move for that berm. Mr. Harvey, at very
great expense and sacrifice to profit, did agree with the City Council on my
proposal to maintain the berm and the reason why the berm hasn't evolved to be
what we envisioned it to be was because we haven't completed the building as
yet and in fairness to Mr. Harvey he has every intention of insuring that the
berm is maintained intact all the way from Knott to Valley View. He gave us
his word and tried very hard to keep that berm. The berm, as the Mayor
pointed out, has not been lowered to my recollection. We have sort of made
agreements to make it less wide for reasons but certainly not the full length
of the berm. That berm is there for acoustical protection for the people
across the channel. We are very conscious of your problems and concerns.
Mr. James Sutherland, 11260 Providencia Street, Cypress, provided Council with
a petition and read, for the record, the petition prayer which is on file in
the City Clerk's office. He further addressed the Minolta application and the
staff report, commented on the recent request for unlimited truck trips and
requested the placement of loading docks on the north side of the building and
urged the Council's denial of the current application.
At the request of the Mayor Pro Tem, the City Attorney commented that the
petition states clearly what the goal is and the signatures appear to be in '"'''''
appropriate order.
Mr. Michael Hippler, 6271 Barbados, Cypress, advised that the site planning of
a distribution warehouse could be set down anyone of four ways and urged the
Council to deny the southern loading dock placement.
Major Gene Kisling, 6411 Canti les, Cypress, expressed concern of the noise
from the trucks and the loading dock and placing the docks on the back of the
building indicated more concern for aesthetics than being good neighbors.
Mr. Steve Toles, 6341 Cantiles, Cypress, suggested the loading dock be placed
on the north side of the building and urged denial of the present application.
Mr. Harvey responded that he respected the opinions expressed and wished to be
sensitive to the neighbors' needs. He asked that the public hearing remain
open so he could design another building configuration and return to Council
as soon as possible.
The Planning Director explained that the code specifically prohibits a loading
dock facing an arterial highway, which is why the truck dock is not on the
north side of the building.
After further discussion, Councilman Mullen advised that he would not support
the application: however, he would be supportive of a continuance of the
public hearing in order to redesign the building with the loading dock either
on the east or west side. Councilwoman Arnold expressed support for the
continuance of this application and requested definitive answers from the
applicant. Councilman Coronado stated the real problem of the arterial
situation needs to be addressed because other developments will be occurring.
The City Manager explained that loading docks on the east or west side could
be approved without further discussion because it is a permitted use in the
zone and there is no requirement for further action other than design review.
The installation of the loading docks on the north side could be permitted
through a conditional use permit if there is adequate screening.
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City Council Minutes September 14, 1987 29
In response to the question, the applicant agreed to continue the public
hea ring. to September 28.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
continue the public hearing on Conditional Use Permit No. 87-22 and Design
Review Committee No. 87-34 to the September 28, 1987 City Council meeting.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
RECESS: Mayor Pro Tem Davis recessed the meeting at 9:35 p.m. At 9:45 p.m.,
the meeting reconvened with all Councilmembers present as before.
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT -
SECONDHAND BUSINESS - CROWNING JEWELER. 4470 LINCOLN AVENUE. CYPRESS (WEST OF
DENNI). Mayor Pro Tem Davis declared the public hearing open. The City
Manager summarized the staff report dated September 8, 1987 which indicated an
application had been received for a Special Permit to allow the operation of a
secondhand business. The Affidavits of Publication, Mailing and Posting of
the Public Hearing Notice on this matter are on file in the Office of the City
Clerk and, as of this date, no written communications have been received
either in favor or in opposition to this Special Permit application. The
police report did not reveal any basis for law enforcement problems or denial
and the City Council, after hearing the testimony, is to determine whether the
business does comport with the peace, health, safety, convenience, good morals
and general welfare of the public before conditional or unconditional
approval.
Mayor Pro Tem Davis invited the applicant to come forward.
Mr. Elias G. Kassouf, 8437 South Painter, Whittier, requested approval for a
special permit to operate a secondhand business.
Mayor Pro Tem Davis asked if anyone wished to speak in support of or
opposition to the application. No one wished to do so.
It was moved by Counci Iman Coronado and seconded by Councilman Mullen to close
the public hearing and approve the application of Crowning Jeweler for a
special permit, secondhand business.
fhe motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado, Davis and Mullen
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 1 COUNCILMEMBERS: Kanel
RECESS: Mayor Pro Tem Davis recessed the meeting at 9:50 p.m. in order for
the Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 10:01 p.m. with all Councilmembers present as before.
CONSIDERATION OF ARGUMENT FILED AGAINSI MEASURE "D" ON THE NOVEMBER 3. 198/
BALLOT. It was moved by Councilman Mullen and seconded by Councilwoman Arnold
to table this item because the argument was not a Council argument; it was
filed and signed by Councilman Mullen personally.
After some discussion, the City Attorney advised that a motion to table or
postpone indefinitely is not debatable as to the issue.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Davis and Mullen
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF SENIOR CITIZENS COMMISSION"S RECOMMENDATIONS. The City
Manager indicated that the Senior Citizens Commission had acted on two items
at their last meeting and forwarded them to the Council. The first dealt with
the fireworks ban and staff recommended this item be held in abeyance until
the public hearing discussion on October 13, making their recommendation part
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:i\jY Council Minutes September 14, 1987
of the Ag~da. The second item refers to the enforcement of the leash law and
di sposa'l of anima 1 droppi ngs and reconvnended that these items be referred to
the County Animal Control and Park Rangers, respectively.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
receive and file the recommendation to ban fireworks and to notify the
appropriate agencies of the Seniors concern regarding the leash law and the
picking up of animal droppings.
The motion unanimously carried by the following roll call vote: !Il"''''''''1'
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF TEMPORARY (PROFESSIONAL PERSONNEL) SERVICES FOR THE PERSONNEL
OFFICE. The City Manager referred to the staff report dated September 2, 1987
which indicated the City hired Teresa Bryerton as an Administrative Intern on
October 16, 1986 and the allocated hours under the City"s Personnel Rules for
temporary positions have been depleted. Ms. Bryerton's duties and
responsibilities have been primarily in the Personnel Office and she is
currently conducting a salary and benefit study far all classifications in the
Cypress Employees" Association. Staff reconvnended placing this individual on
a contract basis, 30 hours per week at $10.00 per hour, until Council has an
occasion to review the personnel allocations in the budget.
Councilwoman Arnold expressed concern because she is now confronted with two
of the positions on which mare information was requested from staff as to the
necessity of additional people. She stated the entire issue of additional
personnel should be considered as a whole and suggested scheduling a meeting
to discuss these proposed positions and was not in favor of the addition of
temporary staff. The City Manager recommended scheduling a meeting to discuss
staff budget. He further stated the individual is authorized under the budget
and we are asking for continued employment under contract rather than in a -'
temporary part-time Administrative Intern capacity.
Councilman Mullen suggested granting approval for the temporary extension of
Ms. Bryerton"s employment through a verbal agreement until after the workshop
meeting.
Councilman Coronado stated he would grant approval for Ms. Bryerton's
continued employment on a temporary basis until the workshop meeting at which
time al I proposed positions will be discussed"
Mayor Pro Tem Davis will support this recommendation because the Council does
determine the length of the temporary employment and an assessment of all
proposed positions will be made at the workshop meeting.
It was moved by Councilman Mullen and seconded by Mayor Pro Tem Davis to
extend the temporary employment of Ms. Teresa Bryerton, 225 South Edgar
Avenue, Fullerton, CA 92631 to perform professional personnel services on a
contract basis at $10.00 per hour, 30 hours per week.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado, Davis and Mullen
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 1 COUNCILME.MBERS: Kanel
,~""'"
CONSIDERATION OF TEMPORARY APPOINTMENT OF TWO DISPATCHERS FOR THE POLICE
DEPARTMENT. The City Manager summarized the staff report dated September 3,
1987 which indicated that during the 1987/1988 fiscal budget process, there
was a tentative agreement to upgrade a part-time Police Clerk and part-time
Dispatcher to two full-time Dispatcher positions. He further stated that the
two requested Dispatcher positions are temporary appointments until the
workshop meetings are held, which would indicate that the individuals will be
hired on a permanent basis when the full-time positions are created.
Chief Lowenberg stated that the intent was to wait until the Council could
consider all the new positions; however, the Police Department is understaffed
and the decision was made to request now pending the final decision by the
Council.
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City Council Minutes September 14, 1987 31
In answer to a question posed by Mayor Pro Tem Davis, Chief Lowenberg stated
that both the candidates are fully trained and he doesn't foresee them being
exceeded by another applicant when the permanent positions become available.
After further discussion, Councilman Mullen expressed his support for the
temporary appointment of the two Dispatchers.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
approve the temporary appointment of the two requested Dispatcher positions
pending final disposition of personnel additional based on 1987/1988 budget
recommendations.
Councilman Coronado expressed his support of the staff recommendation.
Councilwoman Arnold advised that she will not support these temporary
appointments and urged Council to schedule a personnel workshop as soon as
possible to consider the proposed positions.
After further discussion, Chief Lowenberg suggested a compromise of hiring the
existing employee on a full-time basis and then only hire the second
Dispatcher if and when the incumbent(s) leaves.
It was moved by Councilman Mullen and Councilman Coronado to amend their
motion as fallows: to approve the temporary appointment of the current part-
time Dispatcher to a full time basis.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado, Davis and Mullen
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22227 -
22461. It was moved by Councilman Mullen and seconded by Councilman Coronado
to approve the commercial warrant list for warrants no. 22227 - 22461 in the
amount of $515,360.92. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
ORAL COMMUNICATIONS: Mayor Pro Tem Davis asked if anyone wished to speak on
any item not on the Agenda.
Ms. Gail Kerry, 5196 Edgemont Circle, Cypress, asked if some of the Lincoln
Avenue Study meetings could be held in the evenings rather than at 7:30 a.m.
in order to accommodate the residents of Cypress.
WRITTEN COMMUNICATIONS. There were no written communications.
ADJOURNMENT. Mayor Pro Tem Davis adjourned the meeting at 10:30 p.m. in
memory of Paul Erskine.
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MAYOR PRO TEM OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERY OF THE C IT . CYPRESS
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