Minutes 87-11-09
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65
MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
November 9, 1987
The regular meeting of the Cypress City Council was called to order at 5:37
p.m. an Monday, November 9, 1987, in the Cypress City Council Chamber, 5275
Orange Avenue, Cypress, California, Mayor John Kanel presiding.
PRESENT Councilmembers Arnold, Coronado, Davis, Mullen and Kanel
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, DeCarlo, Eynon, Hurst, Leonard and
Krauss.
ORAL COMMUNICATIONS: Mayor Kanel asked if ~nyone wished to speak of matters
on the 5:30 p.m. portion of the Agenda. No one wished to do sa.
STUDY SESSION: The City Manager informed the Council that there will be a
Community Meeting on Tuesday, November 17 at 7:00 p.m. at the Community Center
and the study session this evening was to present Council with the first
review of the proposed development of the Tank Farm. Mr. Dave Langlais,
President of Cypress Homes, introduced his design team and explained that
after the community meeting, Cypress Homes will be returning to Council with a
final plan. Mr. Langlois elaborated an the four major planning goals: 1 )
high quality single family residential development consistent with the
surrounding neighborhood; 2) incorporate a large community level park; 3)
variety of housing types to meet the different needs of prospective home
owners; and 4) a consistent overall community theme. In response to Mayor
Kanel, the City Manager stated it has yet to be decided whether a school site
is needed within the development.
EXECUTIVE SESSION: At 6:45 p.m., Mayor Kanel called an Executive Session to
discuss matters of litigation and personnel. The meeting reconvened at 7:40
p.m. with all Councilmembers present and staff members Beardsley, DeCarlo,
Eynon, Hurst and Lowenberg.
Councilman Davis requested continuance of Items 1 through 4: Consideration of
Continuation of Purchase of Pavement Marker Applicator, Consideration of
Continuation of Award of Contract for Council Chamber TV Production/Edit
System, Project 8788-10, Consideration of Award of Contract far Four (4) Mini
Pick-up Trucks, Request far Quotation No. 8788-14 and Consideration of Award
of Contract for Publication of Legal Advertisements, Request for Quotation No.
8788-17 and hearing no abjection, Mayor Kanel continued these items until
later in the evening.
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 #7, Consideration of Monthly Investment
Program for the Month of September 1987, and Item ##12, Consideration of
Proposed Position Classification and Compensation Plan Amendment, be removed
from the Consent Calendar.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the Consent Calendar Items #5 through ##14 with the exception of Items #7 and
#12. 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 ##5: Motion to Approve City Council Minutes of the Adjourned Regular
Meeting of October 19, 1987 and the Regular Meeting of October 26, 1987.
Recommendation: That the City Council approve the Minutes of October 19, 1987
and October 26, 1987, as submitted with Councilman Coronado abstaining on the
October 26, 1987 Minutes due to his absence at the meeting.
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Item #6: . Motion to Introduce and/or Adapt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #8: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Ha Suk & Jae Hak Song, D.B.A. Liquor Shanty, 4982 Lincoln
Avenue, Cypress.
Recommendation: Receive and file. II"......."H
Item #9: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Chonghui & Unkoo Lee, D.B.A. Eddie's Liquor, 5004 Ball Road,
Cypress.
Recommendation: That the City Council receive and file this application
contingent upon the approval/disapproval of Conditional Use Permit No. 87-25,
which is the subject of a Public Hearing at the November 9, 1987 Council
meeting.
Item #10: Consideration of an Ordinance Amending the Cypress City Code
Pertaining to Vehicles Stopping, Standing, or Parking on Certain Streets.
Recommendation: That the City Council approve the first reading of the
Ordinance by title, only, title as follows, amending Articles 16-65 through
16-68 of the Cypress City Code pertaining to vehicles stopping, standing, or
parking on certain streets.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE
XI, SECTIONS 16-65 - 16-68 OF THE CYPRESS CITY CODE PERTAINING TO
VEHICLES STOPPING, STANDING, OR PARKING RESTRICTED OR PROHIBITED ON
CERTAIN STREETS.
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Item #11: Consideration of 1978 Single-Family Housing Borid Program
Cooperative Agreement With the County of Orange.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, thereby adopting the Cooperative Agreement for participation
in the 198/ Single-rami ly Housing Bond Program.
RESOLUTION NO. 3311
A RESOLUTION OF THE CITY COUNCIL Or THE CITY Of CYPRESS ADOPTING A HOME
MORTGAGE fINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE.
I t em # 13 : Consideration of Adoption of Resolution Recognizing and Supporting
the Citizens Operational Disaster Emergency Service (C.O.D.E.S.) as a Viable
Volunteer Emergency Response Organization.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, recognizing and supporting the Citizens Operational Disaster
Emergency Service (C.0.D.E.5.) as a viable volunteer emergency response
organization.
R~SOLUrION NO. 3312
A RESOLUIION OF THE CITY COUNCIL OF THE CITY Of CYPRESS RECOGNIZING AND
SUPPORTING THE CITIZENS OPERATIONAL DISASTER EMERGENCY SERVICE -
(C.O.D.E.S.) AS A VIABLE VOLUNTEER EMERGENCY RESPONSE ORGANILArION.
Recreation & Park District Matters:
Item #14: Consideration of Attendance for a Representative of the Recreation
and Community Services Commission to Attend the B.A.P.R.C.B.M.C. Annual
Workshop in San Jose.
Recommendation: That the City Council, acting as the Ex Officio governing
Board of Directors for the Cypress Recreation and Park District authorize the
attendance of a representative from the Recreation and Community Services
Commission to attend the Bay Area Park and Recreation Commissioners and Board
Members Council (B.A.P.R.C.B.M.C.) Annual Workshop held in San Jose,
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City Council Minutes November 9, 1987 67
California, November 21, 1987, and be reimbursed for all actual and necessary
expenses incurred.
PLEDGE OF ALLEGIANCE: The pledge was led by City Manager Darrell Essex.
ORAL COMMUNICATIONS: Mayor Kanel asked if anyone desired to speak of matters
on the 7:30 Agenda. No one wished to do so.
ORDINANCES: (Second Reading)
Mr. Michael Coppess, an associate with Iverson, Yoakum, Papiano and Hatch,
representing Hollywood Park Realty Enterprises, presented two points opposing
the Ordinance that: 1) it is their client's position that the City has
violated the state zoning and planning laws and is presently in violation of
that law, and 2) the present City action of the proposed repeal of this
Section is directly aimed at Hollywood Park Enterprises.
In response to Mayor Kanel, the City Attorney stated that this Ordinance
allows the City more governance over the planning and zoning matters and urged
the Council to adopt the Ordinance at the second reading.
It was moved by Councilman Davis and seconded by Councilman Mullen to order
the fol lowing Ordinance read by title only, title as follows and to adopt the
Ordinance amending Appendix I of the Code of the City of Cypress Section 19.1.
ORDINANCE NO. 181
AN ORDINANCE OF THE CIry COUNCIL OF THE CITY OF CYPRESS AMENDING
APPENDIX I, "ZONING" OF THE CODE OF THE CI fY OF ,CYPRESS SECTION 19.1
"APPLICAlHUH Of STAlE LAW."
The motion unanimously carried by the following rol I call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNC ILMEMlH:.RS: None
CONrlNUATION OF CONSIDERATION OF PUBLIC HEARING RE: PROHIBITING THE SALE AND
DISCHARGE OF FIREWORKS IN THE CITY OF CYPRESS: Mayor Kanel declared the
public hearing open. The City Manager recapped the staff report dated October
28, 1987 which requested the item be continued to provide an opportunity for
additional public input. Staff was requested to research the recent City of
Orange City Council action regarding the 3-2 vote not to ban the sale of safe
and sane fireworks for 1988.
Fire Marshal James Stone presented a summary of issues and background
information, which had been provided to the Council and the fireworks
representatives. Staff recommended resumption of the public hearing to
determine Cypress residents' desires regarding continued public fireworks sale
and discharge. If the City Council action is to proceed with the
consideration of an amendment to the City Building Codes to prohibit such sale
and discharge, the Ordinance which would effect the change should be
introduced and read by title only and the date of the public hearing to
consider the Ordinance should be set for December 14, 198/.
Mayor Kanel asked if anyone wished to speak in support of the prohibition of
the sale and discharge of fireworks in Cypress.
Orange County Fire Marshal Jim Stone stated that the Orange County Fire
Uepartment conducts very aggressive enforcement and educational programs on
the issue of fireworks. He also stated that the Boy Scouts have not changed
their policy which is to prohibit the use and sale of fireworks.
Mr. cloe Hardcastle, 4588 Blanca Drive., Cypress, advised that he brought the
issue of banning fireworks before the Council several years ago and he was
pleased with the change in viewpoint on fireworks ban.
Mr. Morris Spatz, 4508 Larwin, Cypress, urged the Council to ban the sale and
discharge of fireworks in the City of Cypress.
Mr. Dick Jorgenson, Fire Chief Fountain Valley, representing the Orange County
Fire Chiefs' Association, asked Council to evaluate the injuries and damage
that occur on the 4th of July and to consider other alternatives to the sale
of fireworks.
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Ms. Kelly Band, 4942 Belle Avenue, Cypress, urged the Council to ban the sale
and discharge of fireworks.
Dr. Glen Ericson, President-elect Southern California Veterinary Medical
Association, representing veterinarians in Las Angeles and Orange Counties,
read a letter from the President of the association relating the danger of
injury the fireworks cause to dogs and cats.
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Mr. Dan Willoughby, 9716 Paseo de Oro, Cypress, advised that he was opposed to
the sale and discharge of fireworks in Cypress and there were alternatives
available for those people who would like to see firework displays.
Mayor Kanel asked if anyone wished to speak in opposition to the ban on the
sale and discharge of fireworks.
Mr. Alvin Selnick, 5772 Newman, Cypress, expressed disagreement with the
proposed ban on safe and sane fireworks.
Ms. Maryann Jones, 6872 Jonathan Avenue, Cypress, remarked that she is against
the ban on fireworks because she feels it is an infringement on personal
freedoms.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, expressed his opposition to
the prohibition of safe and sane fireworks and fireworks should be used on the
4th of July to celebrate freedom in this country.
Mr. Jack Swank, 9849 Via Sonoma, Cypress, stated he was against a ban on
fireworks.
Mr. Wes Vickrey, 5997 Noumea Street, Cypress, believed that safe and sane
fireworks could be used safely and he has distributed fire department
brochures in his neighborhood on the safe use of fireworks.
Mr. Dave Garber, 6555 Jaluit Street, Cypress, expressed his disappointment
over the possible ban and was unaware of the fire danger caused by safe and
sane fireworks.
Ms. Pam Zanel Ii, representing Pyrotronics Corporation of the safe and sane
fireworks industry, provided an overview of what safe and sane fireworks are
and their relationship to the City of Cypress. She further advised that,
according to statistics, the ban of fireworks is not effective and the
industry does educate the public about safe and sane fireworks. She suggested
not penalizing the law abiding citizens who are observing a patriotic
tradition, who exercise their personal freedoms and the real enforcement
problems come with the illegal explosives. Once it becomes known that the
possession and discharge of illegal fireworks and the altering and misuse of
safe and sane fireworks will not be tolerated, the industry will fund up to
$50,000 in reward incentives leading to the arrest and conviction of those
offenders.
Mr. Tom Peters, representing Freedom Fireworks, stated his organization
believed that people will have fireworks on the 4th of July and if safe and
sane fireworks are banned, there will still be a fireworks problem. He also
advised that the City of Cypress currently has a model ordinance by only
allowing the sale of fireworks for one and one-half days.
Mr. Ed Whitfeld, representing Pyrotronics Corporation, remarked that the #" ";,,",~
ignition sources for fireworks are available just about anywhere, i.e. ,
matches, and the important issue with safe and sane fireworks is the education
program.
Mayor Kanel invited the Orange County Fire Department forward to speak in
closing.
Fire Marshal Stone commended the safe and sane fireworks industry on their
educational programs. He further advised that the City of Cypress has great
potential for public fireworks displays and strongly recommends this
alternative in the event fireworks are banned in the City.
It was moved by Councilman Mullen, seconded by Councilman Davis and hearing no
objection, Mayor Kanel closed the public hearing.
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Councilman Coronado advised that the decision was a difficult one to make, the
Council has a duty to perform and he supported the ban on the sale and
discharge of fireworks.
Councilwoman Arnold expressed her desire to ban fireworks because of the major
problems in her neighborhood this year with the unattended discharging of
fireworks. She supported the total ban of fireworks.
Responding to several questions posed by Councilman Mullen, Chief Lowenberg
stated a fireworks enforcement unit was initiated and is a successful way to
address some of the problems The ability of the Police Department to enforce
the ordinance would be greatly simplified if there was a ban an fireworks. It
is very difficult from an enforcement standpoint to cite unless there is a
cooperative witness and when citations have been given the District Attorney's
office has been very cooperative. There has been a reduction in the number of
calls because of the short period of time allotted to discharge of fireworks
and if fireworks are banned completely, it would help further.
Councilman Davis remarked that he is concerned with the fire danger to his
home, seniors concerns and those of the fire department have to be considered
and he supports the ban an fireworks.
Mayor Kanel advised that the fire danger to homes is of great concern in the
larger cities and he does support the ban. He also suggested the Recreation
and Park District consider promoting a fireworks display for the 4th of July.
Councilman Mullen stated he has been supportive of safe and sane fireworks for
many years, believes that the ban would increase the problem of illegal
fireworks; however, it appeared that the public sentiment in favor of safe and
sane fireworks has diminished and he does support the ban an fireworks.
Concurring with the request of Mayor Kanel, Councilman Coronado also suggested
planning a fireworks display at one of the local parks far the next 4th of
July,
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
approve the first reading of the Ordinance by title only, title as follows
amending the City Building Codes to prohibit the sale, distribution or
discharge of fireworks within the City limits.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
5-2 OF THE CODE OF THE CITY OF CYPRESS BY REPEALING SECTION 5-2(E)(9)
(WHICH WAS ADOPTED AS ORDINANCE NO. 779 ON AUGUST 24, 1987) AND BY THE
ADDITION OF A NEW SECTION PROHIBITING THE SALE, DISTRIBUTION, OR
DISCHARGE OF FIREWORKS WITHIN THE CITY LIMITS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Kanel recessed the meeting at 9:17 p.m. The Mayor called the
meeting back to order at 9:35 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-19. SIX APARTMENT UNITS. 9532 WALKER STREET. Mayor Kanel opened the
public hearing. The Planning Director recapped the staff report dated
November 3. 1987, which indicated this item was continued from the Council
meeting of October 26, 1987 in order far the applicant to develop a proposed
landscape and screening scheme and demonstrate that the maintenance of the
landscaping can be insured for at least a ten year period. The applicant has
submitted a landscape plan and elevation showing a proposal to screen the
carport structure from Walker Street using plant materials and a raised berm.
Staff is concerned that the size and type of tree submitted in the landscape
plan will not screen the carport structure from view to the degree requested
by the City Council. Staff recommended that, since the applicant has been
unable to secure a landscape bond, a certificate of deposit be used to
guarantee the improvements. To prevent unnecessary expenses in the event that
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7<tity Councl1 Hinutes November 9, 1987
the proposed berming and landscape improvements are unacceptable to the
Council,' the applicant has delayed redesigning the architectural style of the
apartments. As the applicant has elected not to have his application
continued, staff recommended that the City Council deny Conditional Use Permit
No. 87-19 without prejudice.
Hayor Kanel asked if anyone wished to speak in support of the application.
Hr. William A. Morgen. 1210 N. Jefferson Street, Anaheim, representing the ".."=~
applicant and the designer of the project, advised that the landscape artist
had placed the trees in a manner so the carport will not be visible driving on
Walker Street and it was felt that this arrangement would do the best job of
screening the carports. It appears that there is a disagreement on what staff
wants and the continuance was refused sa the applicant could determine what
the Council prefers on the screening.
Councilmembers Mullen and Coronado suggested that the landscape artist work
with the staff to arrive at a solution. Hayor Kanel suggested a continuance
to work out the problems to staff's satisfaction and then bring the
application before the City Council. Councilman Davis reminded the applicant
that the landscaping was just one of the issues and there are still a number
of items still open an this project.
The City Attorney stated that the difficulty with a continuance was that
unless it is consented to by the applicant, it could be an approval because of
the time limits involved. At this point, the applicant advised that he would
agree to continue this matter.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
the hearing to the next meeting.
Councilwoman Arnold stressed the importance of addressing all of the items
that are of concern to the Council.
The motion unanimously carried by the fallowing roll call vote: ,
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis. Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE NO. 87-8. OFF-STREET PARKING. Mayor Kanel declared the public
hearing open and asked that this item be continued to allow addition time for
the study of related issues.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
this item to the November 23, 1987 meeting.
The motion unanimously carried by the fallowing roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis. Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-24. OFFICE
ADDITION. 9802 BLOOMFIELD STREET. Mayor Kanel opened the public hearing. The
Planning Director summarized the staff report dated October 29, 1987 which
described a request to allow the construction of a 170 square foot office to
an existing apartment complex at Cypress Pine Apartments, 9802 Bloomfield
Street. The proposed addition is to be utilized as an office for the manager -
which will provide a space to conduct business transactions outside of the
manager's home. 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 not received any communication regarding this project.
Mayor Kanel asked if anyone wished to speak in support of the application.
Hr. Ray Gridge, architect, 3001 Red Hill, Costa Hesa, stated that he has no
objections to the staff report or the conditions of approval.
Mayor Kanel asked if anyone wished to speak in opposition to the application.
No one wished to do so.
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It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
close the public hearing and adopt the Resolution by title only, title as
follows, approving Conditional Use Permit No. 87-24 subject to conditions.
RESOLUTION NO. 3313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-24 - WITH CONDITIONS.
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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-25 - LIQUOR
STORE AND CONVENIENCE MARKET. 5004 BALL ROAD. Mayor Kanel declared the public
hearing open. The City Manager recapped the staff report dated October 30,
1987, which represented a request far conditional use permit approval of an
existing liquor stare on property located at 5004 Ball Road. The need for
this conditional use permit was discovered by staff in the course of a routine
request for a check of zoning compliance check by the applicant, which is
required prior to the transfer of the general license for the off site sale
from the previous owner. The Police Department indicated that they have not
noted any significant problems resulting from the liquor store. This
application represents an opportunity to resolve a confusing situation by
approving the existing use. Since the use of the unit as a liquor store has
existed since 1977 without problems, staff recommended approval of this
conditional use permit.
Mayor Kanel asked if anyone wished to respond in support of or apposition to
the application. No one wished to do so.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close
the public hearing and adopt the Resolution by title only, title as fallows,
approving Conditional Use Permit No. 87-25, subject to the conditions in
Exhibit "A."
RESOLUTION NO. 3314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-25 - WITH CONDITIONS.
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
Regarding Item N18, Continuation of Consideration of Public Hearing Re:
Amendment to Zoning Ordinance No. 87-8, Off-Street Parking, Mayor Kanel
informed Council that he had been advised by the City Attorney that a
representative of the church wished to address the Council
Mr. Bob Gilbert, Gilbert Engineering, referenced a letter from the Chairman of
the Elder Board and the City Attorney recapped the letter, which advised that
escrow is to close shortly, there is a request for a variance on off-street
parking and the City is unable to provide one as the adjacent property owners
do not wish to allow an easement unless there is a cancellation clause of 90
days.
Mr. Gilbert stated this facility is acceptable for their intended use and
physical parking is available; the problem is the adjacent landlords won't
encumber their land far a long period of time. He advised that it was good
land planning to allow the church to share parking as opposed to buying
another acre of land. There is adequate parking an-site far all church
functions ather than Sunday services.
Councilman Coronado suggested designing a variance whereby the church make
arrangements to bus parishioners back and forth from another parking site.
The City Manager stated that the dilemma presented to staff is the requirement
to amend the ordinance because currently parking is required on-site.
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City Council Minutes November 9, 1987
The City' Attorney stated he would develop an Ordinance and the church must
arrange off-site parking where they have enough parking to meet the square
footage requirements of the Ordinance.
Councilman Mullen stated for a church to have to provide on-site Sunday only
parking is uneconomical land use.
The City Attorney clarified the Council request that the ordinance be amended fIl>".....~
to exempt churches if they can provide off-street parking to the satisfaction
of the City Council and the staff will probably recommend that it be some form
of permanent off-site parking.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 87-
10. TWO MONUMENT SIGNS PER ENTRY LOCATED IN THE PC-4 ZONE: Mayor Kanel opened
the public hearing. The Planning Director summarized the staff report dated
October 30, 1987 which represented a request to amend a Section of the PC-4
Planned Community Business Park Zone. The Warland/Cypress Business Center
Specific Plan presently allows only one monument sign per entry and Warland
Investments, Ltd. has requested that the City of Cypress amend the PC-4 zoning
to permit two monument signs per entry, with each sign being an an opposite
corner of the entrance driveway. Staff believes that the placement of two
signs per entry on such a large development site is a reasonable request in
order to provide adequate identification for the business center. Staff feels
that the proposed amendme~t would not have a detrimental effect upon
surrounding properties or adjacent zoning districts and similar requests have
been granted far other properties in the business park without creating
negative impacts. Notices of this public hearing were pasted and published.
Staff has not received any communication regarding this public hearing. Staff
recommended approval of the first reading of the Ordinance amending the
Section on Primary Entry Specifications.
Mayor Kanel asked if anyone wished to speak in support of the application.
rw<''1,"
Mr. Richard Hales, Hales, Woad Associates, the design firm representing the
applicant, stated they were integrating signage into the program established
by the architect and this location has many facilities and only one entry
point.
There were no speakers in opposition to the application.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close
the public hearing and approve the first reading of the Ordinance by title
only, title as follows, amending Section VII.B.6.C.(I).
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
VII.B.6.C.(I) OF THE PLANNED COMMUNITY BUSINESS PARK ZONE NO.4 OF
ORDINANCE 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS
AMENDMENT TO THE ZONING ORDINANCE NO. 87-10.
Councilman Davis cautioned that precedent was being set and care should be
taken about approving signage in the future.
The motion unanimously carried with the fallowing roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None ~""'\i:~
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF DISCUSSION ON WRITTEN BID PROCEDURES. It was moved by
Councilman Mullen, seconded by Mayor Kanel and hearing no objection, this item
was continued to the November 23 meeting by Mayor Kanel.
CONSIDERATION OF DISCUSSION OF SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 3.
1987. Mayor Kanel stated that this item was placed on the Agenda at the
request of Councilman Mullen. The City Attorney, at Councilman Mullen's
request, explained the effects of Measure "D." The Ordinance now requires
that any application that comes before the City to change any PS zoned
property will require a General Plan amendment, a zone change and a vote of
the people approving same.
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City Council Hinutes November 9, 1987 73
Because of his involvement and campaign on Heasure "0," Councilman Mullen read
his statement which described a long and difficult debate within the community
of Cypress and resulted in the decision of the voters to adopt this measure as
law. The people have spoken; it is time to put away the differences of the
past and unify behind the implementation of Heasure "0" He called upon all
his colleagues on the Council as well as the activists in the campaign to join
him in support of the people's decision; that the cause for division had been
made obsolete at the ballot box. He asked that all factions begin tonight to
build this marvelous City of Cypress in accord with the dreams and images of
all who live here.
Mayor Kane1 asked if any of the other Counci1members wished to comment. No
one did.
The Mayor provided the audience some historical information an the Los
Alamitos Race Track, the City Council's actions and assessed the election
campaigns.
Councilwoman Arnold stated that with all of the emotion, it had to be
confusing to the citizens, but the matter being dealt with was to develop or
not to develop and the resulting involvement of citizens who normally don't
become involved.
Councilman Coronado stated that he took exception to same of the tactics used
in the election campaigns. He also advised it is incumbent an the elected
officials to see that some of these tactics do not occur again.
Councilman Davis expressed his concern for the future of Cypress, the
difficulties of the past year and he would appreciate mare input from all
factions.
Mayor Kanel asked if anyone else wished to speak an this matter.
Mr. James E. Sutherland, 11260 Providencia Street, Cypress, commented that he
believed the problem was the lack of overall planning and that is the
perspective from which many voted on Measure D. He further advised that he
didn't believe the City was a business whose sole goal was to increase
revenues and suggested a committee to provide assistance with the overall City
planning.
Mr. Joe Hardcastle remarked as to the total lack of understanding of the whale
issue which was a vote to take some zoning power away from the City Council
and give it to the electorate.
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 87-45. SEVEN SINGLE-FAMILY HOMES.
4342 ACACIA STREET. The Planning Director summarized the staff report dated
November 3, 1987 which represented a request by Andrew Homes Incorporated to
construct seven single-family homes on a 56,392 square foot parcel at 4342
Acacia Street. The subject property is an irregularly shaped lot at the north
end of Acacia street south of the Southern Pacific Railroad tracks. The
applicant is seeking to condense the approval process to determine whether to
proceed with the project. The Andrews Homes representative has indicated to
staff that the closing of escrow is dependent on receiving City approval for
the construction of a residential tract an the property. To receive such
approval, the applicant must file the necessary variances. However, as a
courtesy to the applicant in understanding of his position, staff has accepted
this application and reviewed this project not only for compliance with Design
Review, but also to identify issues that will need to be addressed by Andrew
Homes in their applications for a tentative tract map and variance. Staff has
identified several concerns with the overall site plan for the seven homes
that must be addressed through applications for variances and a tract map: 1 )
property development standards and 2) street dedication and public improvement
requirements. Staff recommended denial of the Design Review and receive and
file the decision of the Design Review committee for DRC 87-45.
Councilman Mullen expressed his concern in the manner in which the proposal
has been presented to the Council and are, in effect, asked to give tacit
approval to a project so an escrow can close and he cannot support this. He
informed the applicant that the request go through the normal approval process
and the application be returned to staff.
Councilman Coronado advised that the Council does not have all the facts and
there is no way they can act on this matter now.
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City Council Hinutes November 9, 1987
Hayor Kanel called upon the representatives of Andrew Homes for comment.
Hr. Hike Newar, representing Andrew Homes. Incorporated. 4000 HacArthur Blvd.,
Newport Beach. revealed that it was difficult to arrive at a design for the
property and everything that has been requested has been submitted to staff.
Hayor Kanel suggested the applicant meet and determine what is required and
provide it to staff upon their request. -
After further discussion. it was moved by Councilman Mullen and seconded by
Councilman Davis to receive and file the decision of the Design Review
Committee for DRC 87-45.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEHBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILHEMBERS: None
ABSENT: 0 COUNCILMEHBERS: None
CONSIDERATION OF RESOLUTION OF SUPPORT FOR THE LEAGUE OF CALIFORNIA CITIES'
TRANSPORTATION SUPER COMMITTEE RECOHMENDATIONS. The staff report dated
October 28. 1987 summarized a request from the League of California Cities
Transportation Super Committee far approval, by City Council resolution, of
the final report. The primary intent of the report is to present the findings
and recommend support of a very ambitious planning and improvement program.
The program consists of many facets, with the intent to coordinate them into a
single dynamic effort. The findings of the three subcommittees consist of
four major areas of concentration: 1) continue successful ongoing programs,
2) initiate progressive transportation planning measures, 3) expand roadway
capacities, and 4) develop a funding program to expand roadway capacities.
Staff recommended that the City Council (1) resolve to support the
recommendations of the Transportation Super Committee and 2) direct the City
Clerk to transmit the City Council action on this item to the Orange County
Division of the League of California Cities. ,,-
Councilman Mullen stated he supported the recommendation in which the super
committee recommends that the transportation commission put a 1/2 cent tax an
the ballot and total study of the County plans for arterial highways.
It was moved by Councilman Mullen and seconded by Councilman Davis to adopt a
Resolution by title only, title as fallows to support the recommendations of
the Transportation Super Committee.
RESOLUTION NO. 3315
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE
RECOMMENDATIONS CONTAINED IN THE REPORT OF THE TRANSPORTATION "SUPER"
COMMITTEE TO THE ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES.
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 CONTINUED PART-TIME CONTRACT BUILDING INSPECTION SERVICES.
The City Manager referred to the staff report dated November 2, 1987 which
recapped a request to continue the utilization of services of a part-time, -
contract Building Inspector. The City Council authorized these services due
to the large volume of development currently underway in the City. It has
been reaffirmed that the services of a part-time, contract inspector should be
continued far the balance of the 1987-88 Fiscal Year. However, mast
alternative sources far this work are available only at significantly higher
rates than the $18 per hour charged by the present part-time inspector who
will terminate his services soan. It is the intention of staff to attempt
recruitment of a part-time, independent inspector. If successful, a
significant savings could result; otherwise. larger consulting firms are
available to fill the need at the higher rates of up to $50 per hour. Staff
recommended that the City Council 1) appropriate $23,500 from the fund balance
of the General Fund and 2) authorize staff to recruit far part-time, contract
building inspection services.
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City Council Hinutes November 9. 1~R7 1S
It was moved by Councilman Mullen and seconded by Councilman Davis to
appropriate $23,500 from the balance of the General Fund to Account No. 4187-
11-241.09 and recruit for a part-time contract building inspector for up to 16
hours per week at an hourly rate not to exceed $50.00 per hour through June
30, 1988.
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 APPROVAL OF COMHERCIAL WARRANT LIST FOR WARRANTS NO. 23127 -
23361. It was moved by Councilman Hullen and seconded by Councilman Coronado
to approve the commercial warrant list for Warrants No. 23127 - 23361 in the
amount of $654,971.64. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILHEHBERS: Arnold, Coronado, Davis. Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEHBERS: None
Regarding Item #7, Consideration of Monthly Investment Program far the Honth
of September 1987. Councilman Davis deferred to the Finance Director who
addressed the drop in value of some of the bands below what the City had paid
for them was attributable to the rise in interest rates and the decline in the
stock market. He further advised, the Ginnie Maes and the zero coupons are
market sensitive instruments and subject to the rise and fall of interest
rates.
It was moved by Councilman Mullen, seconded by Councilwoman Arnold and hearing
no abjection, Mayor Kanel received and filed the report.
In regard to Item #12, Consideration of Proposed Position Classification and
Compensation Plan Amendment. Councilman Davis expressed his desire to continue
this item.
After further discussion. it was moved by Councilman Davis and seconded by
Councilwoman Arnold to continue this item to the November 23, 1987 meeting.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado. Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEHBERS: None
CONSIDERATION OF PURCHASE OF PAVEMENT MARKER APPLICATOR. Mayor Kanel referred
to the staff report dated November 2, 1987 which described the continuation of
this item from the October 26, 1987 Council meeting to allow staff to respond
to comment an the anticipated savings of the proposed purchase. Councilman
Davis stated that if we are contemplating a change in procedure and equipment,
we should obtain historical data or checK references.
Councilwoman Arnold supported the suggestion to check references, the
continuance of the matter and would also like to be provided same cost
comparison information.
It was moved by Councilman Davis, seconded by Councilwoman Arnold and
unanimously carried to continue this item to November 23, 1987.
CONSIDERATION OF CONTINUATION OF AWARD OF CONTRACT FOR COUNCIL CHAMBER TV
PRODUCTION/EDIT SYSTEM. PROJECT 8788-10. The City Manager referred to the
staff report dated November 2, 1987 and explained that the General Services
Supervisor was available to answer any technical questions Council might have
on this item, which was continued from the October 26 City Council meeting.
Council had requested that staff provide mare detailed information relating to
the revenues and expenditures for the Cable TV program. The agreement with
Copley-Colony requires a franchise fee of 5% of Gross Annual Revenues to be
paid to the City. An estimated franchise revenue for the three year period
ending 6-30-88 will exceed operating program and capital expenditures by
$42,546. The TV Production/Edit System contract being proposed will cost
$62,019. The current capital outlay budget includes $26,375 for the edit
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7 ~ ~:. C:nunc i 1 Hi nutes November 9, 1987
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portion of the project. Staff is requesting that City Council approve an
additional appropriation of $35,644 for the TV Production portion of the
project'. The $42,546 excess reve~ues as shown on the chart more than covers
this proposed additional appropriation.
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Respondi~g'to Councilman Davis, the General Services Supervisor advised that
the additional items are requested in order to provide a quality program that
will enhance televising the Council meetings. He further advised that the
state of the art equipment has driven the cost down significantly. The ,.,';;;"U!!
editing equipment has already been approved in this year's capital budget and
we are taking that package and incorporating it with the request for
additional equipment.
It was moved by Councilman Davis and seconded by Councilwoman Arnold to award
the contract to Shoreline, Ltd., 1622 N. Hollywood Avenue, Hollywood, in the
amount of $62,019; and 2) transfer $35,644 from the unreserved fund balance of
the General Fund and appropriate $32,622 and N3,022 to Internal Service Fund
Accounts N4933-90-656-35 and N4743-90-653-38, respectively. The motion
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR FOUR (4) MINI PICK-UP TRUCKS. REQUEST
FOR QUOTATION NO. 8788-14. Bids were received for three (3) parking
enforcement vehicles for the Police Department and one mini pick-up truck
replacement item for the Recreation and Park District park ranger program.
Bids were mailed to 13 local dealers and the Cypress Chamber of Commerce, four
bids were received. There are sufficient funds available in the current
capital outlay budgets for this purchase.
It was moved by Councilman Mullen and seconded by Councilman Davis that the
City Council and acting as the ex officio government Board of Directors of the .....
Cypress Recreation and Park District accept the bid received from Pacific
Ford, Inc., 3600 Cherry Avenue, Long Beach, as the lowest responsible bidder ~
and award a contract to this company in the amount of $36,852.97 for four mini
pick-up trucks. The motion unanimously carried by the fallowing roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS.
REQUEST FOR QUOTATION NO. 8788-17. The staff report dated November 1, 1987
indicated that the current contract far publications of legal advertisements
with the News-Enterprise will expire an November 9. 1987. In award of this
contract, the City Council may consider factors in addition to cost, including
method of distribution, number of paid subscriptions, frequency of publication
and quality of service. Based solely on cost, the bid results indicate that
the Anaheim Bulletin, the Buena Park News and the Orange Conty Reporter
submitted the lowest bids. It is questionable whether or not Cypress
residents would seek out legal advertisements in a paper not identified with
the City of Cypress and that many legal advertisements for public hearings,
etc., could be overlooked by local residents who might be interested in those
hearings and notices. Staff considers the News Enterprise to be the lowest
responsible bidder for the reasons outlined above.
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Councilwoman Arnold suggested the Orange County Reporter, the local legal
newspaper, be utilized far compliance of the publication of legal notices. -,,~
Mayor Kanel advised that the News Enterprise is the Cypress newspaper, it
faithfully supports the local events, such as scouting, and the public hearing
notices have been published in this paper for many years.
After further discussion, it was moved by Councilman Mullen and seconded by
Councilman Coronado to accept the bid received from the News Enterprise far
the reasons outlined in the report and award this company the contract for
publication of legal advertisements far a period of three (3) years at the bid
prices attached.
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City Council Minutes November 9, 1987 17
Councilman Mullen moved the recommendation on the basis that it is a local
paper, he has always used the News Enterprise to look at the public hearings
and he would like to continue. Mayor Kanel stated that the News Enterprise
devotes an enormous amount of time and effort to the City of Cypress. The
motion carried by the followng roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Mullen and Kanel
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBERS: None
ADJOURNMENT: Mayor Kanel adjourned the meeting at 11:50 p.m.
ATTEST: