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Minutes 88-01-11 -~ 118 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 11. 1988 The regular meeting of the Cypress City Council was called to order at 5:45 p.m. on Monday, January 11. 1988. in the Cypress City Council Chambers. 5275 Orange Avenue. Cypress. California, Mayor Margaret Arnold presiding. PRESENT: Councilmembers Davis. Mullen and Arnold ABSENT: Councilmembers Coronado and Kanel Also present were City Manager/City Clerk Darrell Essex, Assistant City Manager David Barrett. City Attorney Jerry Patterson and staff members Eynon. Hurst. Leonard and Lowenberg. ORAL COMMUNICATIONS: Mayor Arnold asked if anyone wished to speak of matters on the 5:30 p.m. portion of the Agenda. No one wished to do so. CONTINUATION OF SELECTION OF MAYOR PRO TEM: Mayor Arnold opened the nominations. Councilman Mullen nominated Councilman Davis for the position of Mayor Pro Tem, moved the nominations be closed and Councilman Davis be elected by acclamation. The nomination was seconded by Mayor Arnold and hearing no objection. the motion unanimously carried. EXECUTIVE SESSION: At 5:47 p.m., Mayor Arnold called an Executive Session for matters of personnel and litigation. COUNCILMAN CORONADO ARRIVED AT 6:55 P.M. The meeting was called back to order at 7:35 p.m. All Councilmembers and staff members present as before. including Councilman Coronado and staff members Beardsley and DeCarlo. Mayor Arnold announced that the 5:30 portion of the Agenda would be continued until after the 7:30 Agenda is completed. PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Coronado. PRESENTATION: The City Manager administered the Oath of Office and Mayor Arnold presented Certificates of Appointment to Cable Television Commissioners Karen Tufnell. Fred Glass and Howard Martin. Commissioners Adams and Spurgeon were unable to attend. ORAL COMMUNICATIONS: Mayor Arnold asked if anyone wished to speak on matters on the 7:30 portion of the Agenda. No one wished to do sc. CONTINUATION OF CONSIDERATION OF REVIEW OF MONETARY SUPPORT TO THE CYPRESS CHAMBER OF COMMERCE: Mayor Arnold commented that several Chamber of Commerce members and Councilman Kanel were ill and they requested that this item be continued to the February 22 meeting. Councilman Coronado concurred and requested that the review of monetary support be discussed in open session; however, the mid-year review report could be discussed during the 5:30 session of the Council meeting. RECONSIDERATiON O~ TH[ CULTURAL ARTS COMMISSION'S CYPRESS FRIENDS OF THE ARTS AND "CYPRESS CELEBRATES THE ARTS 1988" KICK-OFF EVENT: Councilman Coronado stated this was an issue he had requested be discussed and felt it deserved some Council consideration with regard to establishing a policy to determine how these monies be expended in the future. In response to Councilman Mullen, the City Manager stated that previously seed money had been provided the Civic Theatre, the Festival and the Friends of Recreation & Parks. Councilman Mullen advised that he would have no objection in referring this matter to staff to establish a policy for this type of expenditure. Councilman Davis concurred with Councilman Coronado's suggestion to implement a policy so Council has some guidelines to make these decisions. After further discussion. it was moved by Councilman Coronado and seconded by Councilman Mullen to direct staff to draft a procedure to be followed when Commissions request seed monies. Councilman Davis commented that there will 1 --- / City Council Minutes January 11, 1988119 be some funds derived from the themed picnic and they will be returned to the City. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNC I LMEMBfRS:. None ABSENT: 1 COUNCILMEMBERS: Kanel Mayor Arnold announced that Councilman Davis is the new Mayor Pro Tem. CONTINUATION OF CONSIDERATION Of PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-19. SIX APARTMENT UNITS. 9532 WALKER STREET. Mayor Arnold declared the public hearing open. The Planning Director recapped the staff report dated December 30. 1987. which indicated that this item was continued in order for the applicant to (1) develop a proposed landscape and screening plan. and (2) revise the architectural elevations for the carport and apartment structures. Staff feels the issue regarding the landscaping has been resolved. along with the revisions of the architectural elevations but are requesting that the roof be either a tile or wood shingle roof. Staff recommended that the City Council approve Conditional Use Permit No. 87-19, subject to conditions. Mayor Arnold invited the applicant to come forward. Mr. Leonel J. Cota, 8672 Watson street, Cypress did not have any questions of the Council at this time. Mayor Arnold asked if anyone else wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Mullen and seconded by Mayor Arnold to close the public hearing and approve Conditional Use Permit No. 87-19, subject to the conditions in Exhibit "A" attached. Councilman Davis advised that he would not support this project because the property was being overbuilt. After further discussion, Councilman Mullen amended his motion. which was seconded by Mayor Arnold, to continue this application. with the applicant's approval, to the Council meeting of February 22. The City Attorney advised that there has been a form developed for the applicant"s signature indicating his concurrence to the continuance and Mr. Cota. the applicant, agreed. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNC ILMUlBERS: K a n,e I CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 87-6. BUS SHELTERS CONTAINING SIGNS IN THE PUBLIC RIGHT-Of-WAY C lTYW I DE : Mayor Arnold opened the publ ic hearing. It was moved by Councilman Mullen and seconded by Councilman Davis to continue this matter to the Council meeting of February 22. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONTINUATION Of CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-31. REYNOLDS RECYCLING CORPORATION. MOBILE RECYCLING FACILITY: Mayor Arnold declared the public hearing open. The City Manager advised continuing this application to the Council meeting of January 25. It was moved by Councilman Mullen and seconded by Councilman Davis to continue this public hearing to January 25, 1988. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONTINUATION OF CONSIDERATION Of PUBLIC HEARING RE: DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) SORRENTO PLANNED COMMUNITY (TEXACO TANK FARM). 4743 E. 2 ~ I .-, / / t,;lj)Council Minutes January 11. 1988 BALL ROAD. Mayor Arnold opened the public hearing and asked if there was any comments from the citizens regarding the responses made to the EIR questions asked at the City Council meeting on Oecember 14. 1987. The staff report dated December 31. 1987 was reviewed and staff recommended the certification of the EIR as a complete and adequate EIR in accordance with the California Environmental Quality Act. Mr. Bruce Seaton. 4388 Via Largo. Cypress. questioned one response concerning the drainage issue and asked if the City would be draining water into the lll!~l'ill basin or not. The City Attorney reiterated that the EIR is an informational and awareness document and the purpose is not to solve everyone of the problems. but to point out their existence and the solution to the problems comes as the development takes place. Councilman Coronado stated that this report determines where the problems lie and how they can best be eliminated and resolved. He further stated nothing is being given up at this time. the Council is simply going along with a report that is very carefully worked out. thoroughly reviewed by staff and by the City Council and Council feels it has the best approach to the problems at this time. Mr. Seaton advised that his question pertains to what he perceives as a contradiction in the EIR; that one approval s.ys water can be put in the basin and another says it can't. . Ms. Gail Kerry. 5196 Edgemont Circle. Cypress. advised that she was very pleased with the final staff analysis and had one concern regarding Tri Hydro walking the property to sight verify soil contamination and that was not necessarily the way to ultimately determine if the soil was clean. Mr. Michael Scully. 9398 Danbury. Cypress. questioned a statement on the errata sheet which compared one housing plan unfavorably with another. f/!;'<-'''''''t': Mr. Paul Hertz. 4284 Paseo de Oro. Cypress. expressed his pleasure on what was incorporated in the responses and had a concern with the temporary drainage basin. It was moved by Councilman Mullen and seconded by Councilman Davis to close the public hearing and adopt the Resolution by title only, title as follows including the Statement of Overriding Consideration certifying the EIR for the proposed Sorrento residential development. The Planning Director restated the two additional findings that were added to the Resolution and the "statement of Overriding Considerations" on December 14, 1987. which are that without a certified EIR: 1) thQ removal of the tank floors and underground pipes cannot take place. and 2) continued cleanup of the project site. including contaminated soil and water, cannot take place. Councilman Mullen incorporated these items into his motion. which was accepted by Councilman Davis. RESOLUTION NO. 3336 A RESOLUTION OF THE CITY COUNCIL/PLANNING AGENCY OF THE CITY OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR RESIDENTIAL AND ALTERNATIVES PROPOSED FOR THE SORRENTO PLANNED RESIDENTIAL DEVELOPMENT AND MAKING CERTAIN FINDINGS. 1!I'l"",.,..~ The City Attorney noted that two changes in the Resolution. on page 2. under Section 4 d. "The project will provide 100 to 885 new homes...." and it should read. "...0 to 885 homes.... II The City Manager advised that all these amendments and conditions will be incorporated into the Resolution. Responding to concerns expressed by Councilmembers Coronado and Davis, the City Attorney stated that the EIR is the first step in the process to mitigate any environmental damage. There are other steps for disapproval if the problems cannot be resolved. or approval if they can and those will be pursued by the City and the other agencies involved. He further advised the City is 3 121 City Council Minutes January 11. 1988 not liable for any injury which arises out of any act or omission and the City has protection as to their liability and taxpayers funds. and if someone is damaged in the future the appropriate remedy would be to take action against the one who created the condition and the City and the City Council will not be liable. Councilman Mullen complimented the citizens of Cypress for their profound and intelligent work on the EIR and is looking forward to the beginning of another beautiful and welcome neighborhood in Cypress. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF COUNCIL PARTICIPATION IN A CITIZENS COMMITTEE TO REVIEW THE TANK FARM DEVELOPMENT: Mayor Arnold and Councilman Kanel have consented to work with the local Citizens Committee on the Sorrento Homes to look at future plans that will be presented by the developer. The City Attorney remarked that this committee had been created by the developer. is not an official City committee and it is an attempt to involve those citizens that want to continue to follow the progress of the development. RECESS: Mayor Arnold called a recess at 8:43 p.m. The meeting was called back to order at 8:51 p.m. with all Councilmembers present. Mayor Arnold announced that Mr. Larry Herman, the Mayor of La Palma. was a guest this evening. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-32. GASOLINE STATION. CAR WASH AND SNACK SHOP WITH OFFSITE SALE OF BEER & WINE. 5972 LINCOLN AVENUE: Mayor Arnold declared the public hearing open. The Planning Director summarized the staff report dated January 6. 1988. which represented one of two concurrent requests filed by Mobil Oil to rebuild an existing facility. This application relates to property located at the southwest corner of Lincoln Avenue and Valley View Street. The renovation consists of demolishing an existing facility. updating the gasoline pump system. eliminating all auto repair and sales services. adding an automatic drive-through car wash and providing a snack shop selling prepackaged foods and beverages, including beer and wine. Since Council's denial of beer and wine sales for this site in 1984. staff has found that the situation along Lincoln Avenue has not changed significantly and support the renovation of the project site but oppose the alcoholic beverage sales portion of the application. Notices of the public hearing were sent to property owners within a 300 foot radius. Staff has received no oral or written comments on th is matter. Staff recommended the approval of Conditional Use Permit No. 87- 32 approving the gas station. car wash. and snack shop. but denying the sale of beer and wine, subject to the conditions included in Exhibit "A". If Council approves the offsite sale of beer and wine, staff also recommended the addition of conditions. In answer to Councilman Mullen. the Planning Director responded that the underground tanks at both locations will be removed and replaced. Counci lman Davis desired confirmation that only a monument sign will be allowed on the project. Mayor Arnold invited the applicant to come forward. Mr. Jim Huntsberry. Mobil Oil Corporation. 1255 Corporate Center Drive. Suite 201, Monterey Park. stated everything at this station will be removed and replaced with state-of-the-art facilities; all the tanks will be replaced with a double wall, double lined protector system so the environmental question wi 11 be so I ved . He further stated that the sale of alcoholic beverages is an important aspect as far as increasing the dealer's profitability and his ability to compete in the marketplace. Mobil Oil has agreed to all the conditions proposed by staff and requested approval of the project. In response to Councilman Mullen's question. the applicant answered that Mobil Oil will proceed with the renovation of these two facilities whether or not Council approves the sale of beer and wine. 4 -- I It?~ Council Minutes January 11. 1988 Councilman, Coronado expressed his concern about the number of liquor stores on Lincoln Avenue. Councilman Mullen asked the Council to consider the fact that a gas station with the convenience and availability of beer and wine is not a liquor store and it is a matter of enabling the businessman to compete and to approve the application with the sale of beer and wine. ""-~ Mayor Arnold asked if anyone wished to speak in opposition to the application. Ms. Loretta Calendar. 9408 Danbury Street. Cypress. expressed her opposition to the sale of any alcoholic beverage in connection with the sale of gasoline. It was moved by Councilman Mullen to close the public hearing and approve C.U.P. 87-32. subject to the conditions recommended by staff. including beer and wine sales from 6:00 a.m. to 2:00 a.m. The motion died for lack of a second. Councilman Mullen amended his motion. seconded by Councilman Coronado. to close the public hearing and adopt the Resolution by title only. title as follows. approving C.U.P. 87-32 approving the gas station. car wash and snack shop but denying the sale of beer and wine. subject to the cond it ions. Councilman Davis requested the inclusion of the stipulation that the signage be limited to the monument-type and the endorsement of this type of sign for other developments. Councilman Mullen changed his motion to add the condition that the signage on both Valley View and Lincoln be restricted to monument signage subject to staff review and CQuncilman Coronado accepted the amendment to the motion. r~ RESOLUTION NO. 3337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-32 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: " AYES: 4 COUNCILMEMBERS: Coronado. Davis, Mullen and Arnold NOES: 0 COLJNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-33. GASOLINE STATION. CAR WASH AND SNACK SHOP WITH THE OFFSITE SALE OF BEER & WINE. 6011 BALL ROAD. Mayor Arnold declared the public 'hearing open. The Planning Director referred to the staff report dated January 6. 1988. which represented the second of the two requests by Mobil Oil to rebuild an existing fac i I ity This application relates to property located at the corner of Valley View and Ball Road, will incorporate renovation similar to the previous application and represents an upgrade of the property. In reviewing this request for the sale of beer and wine. staff found that this location does not - present the problem of proliferation as the Lincoln Avenue site; however. it does show signs that a problem may develop. Staff recommended the City Council approve Conditional Use Permit No. 87-33. approving the gas station. automatic drive-through car wash and snack shop with the off-site sale of beer and wine. subject to the conditions. Mr. Jim Huntsberry. Mobil Oil Corporation, 1255 Corporate Center Drive. Suite 201. Monterey Park. verified the similarity to the previous application. offered to answer any questions and stated he is anxious to proceed with this project. ~~ Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Mullen to close the public hearing and approve C.U.P. No. 87-33 subject to conditions, with the sale of beer and wine prohibited between 2:00 a.m. and 6:00 a.m. The motion died for lack of a second. Councilman Mullen amended his motion to eliminate the sale of beer and wine from 10:00 p.m. to 6:00 a.m. This motion died due to the lack of a second. 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 follows. approving C.U.P. No. 87-33. subject to conditions. with the additional condition that beer and wine sales be prohibited and all signage be restricted to monument signs. which wiJ I be subject to staff review. 5 / I City Council Minutes January 11. 1988 .123 RESOLUTION NO. 3338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-33 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis, Mullen and Arnold NOES: 0 COUNCIlHEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kane 1 CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-34. FOOD PARK AND RETAIL USES. SOUTHWEST CORNER OF VAllEY VIEW STREET AND CERRITOS AVENUE: Mayor Arnold opened the public hearing. The Planning Director summarized the staff report dated December 31. 1987. which represented a request to construct a 14,000 square food park. with retail uses in a small portion of the building. located at the corner of Valley View Street and Cerritos Avenue. The site plan proposes the construction of an "L" shaped. one-story building. contemporary in design. with a dome containing a skylight in the center of the building. The proposed project complies with all required development standards with two access points; both points allowing a right turn in and a right turn out. The parking and proposed landscape plan meets the requirements. 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 matter. Staff , recommended Council approval of Conditional Use Permit No. 87-34 subject to conditions. Councilman Davis expressed his pleasure with the proposed development not increasing traffic or density. Mayor Arnold asked the applicant to come forward. Mr. Ken Schureman. Overton. Moore & Associates. Inc.. 1299 East Artesia Blvd.. Suite 200, Carson. remarked that they were in agreement with the conditions imposed by staff, offered to answer any questions and requested Council"s approval of the project. Mayor Arnold asked if anyone else wished to speak in support of the application. In response to Ms. Gail Kerry. 5196 Edgemont Circle. Cypress. the Public Works Director answered that the channel cover structure has been constructed to support vehicles and a parking lot may encroach over the covered channel and . the City Manager stated that the area between Valley View and the actual backi~, of the development wi 11 be 1 andscaped. H,e;~'i '(f' 'i- 0';" Mr. Guy Durwald. representing the architectural firm of Werrin Malcolm. state(f" they have worked very hard on this project. which is the first portion of the second phase, and feel it adds character that will benefit the entire development and the City. After further discussion. Mayor Arnold asked if anyone else wished to speak in support of or opposition to the application. Ms. Shirley Lopez. 10442 Rexford Drive. Cypress. asked if any traffic studies had been performed on the corner of Valley View and Cerritos. The Planning Director responded that an extensive traffic study had been done considering the development of the entire site. The Public Works Director stated that the site will be served by two traffic signals. one of which will be serving the properties to the north. and there should be a definite improvement in access onto Cerritos from the residential area. The upgrading of the intersection at Cerritos and Valley View is in progress. It was.moved by Councilman Mullen and seconded by Councilman Davis to close the pu'~lic hearing and adopt the Resolution by title only. title as follows approvi~g Conditional Use Permit No. 87-34 subject to conditions. ~, 6 ~- I ..., 1 ~t Council Minutes January 11. 1988 RESOLUTION NO. 3339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-34 - WITH CONDITIONS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ~ ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 87-10 AND DESIGN REVIEW COMMITTEE NO. 87-47. EXPANSION OF AN ANIMAL HOSPITAL. 5422 LINCOLN AVENUE: Mayor Arnold declared the public hearing open. The Planning Director recapped the staff report dated January 5. 1987. which represented a request for continuance by the applicant to January 25. After discussion. it was moved by Councilman Mullen and seconded by Councilman Davis to continue Variance No. 87-10 and Design Review Committee No. 87-47 to the February 22. 1988 meeting if the applicant consents thereto in writing to the City; or in the alternative. to deny both the variance and design review . without prejudice and with a waiver of fees. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-36. MIHI- WAREHOUSE/PERSONAL STORAGE FACILITY WITH CARETAKER APARTMENT. 8882 WATSON STREET. Mayor Arnold opened the public hearing. The Planning Director summarized the staff report dated January 6. 1988. which represented a request to construct a two-story mini-storage facility with caretaker"s apartment on a 36.000 square foot parcel located at 8882 Watson Street with a total of 415 mini-storage units in two buildings accessed through locked gates across two driveways off of Watson Street. On August 25. 1986. the City Council approved a mini-storage development for this property. but because the applicant did no~obtain building permits or request an extension to the previous cop~itional use permit within one year. the previous permit has lapsed. Because of the lack of visibility of the mini-storage units from Lincoln Avenue. the applicant has proposed to use a portion of an existing freestanding pole sign located at the northeast corner of Lincoln and Watson as an off-premise directional sign. which would be reviewed separately under design review. Staff recommended approval of the subject conditional use permit. Mayor Arnold asked the applicant to step to the podium. ,,~ . Mrl Joseph Oddo. 8425 Gay Street. Cypress. the applicant, stated he agreed to , ,. all the conditions that staff has recommended and offered to answer any questions. ~ouncilman Coronado expressed his concern about the sign and realized that some signage is required as the applicant is removed from Lincoln Avenue. Mr. Oddo stated that he would be sharing the sign with Berwick Radiator. it would be a directional sign and it is essential that he has some indication on Lincoln as to where the business is and the project would not be viable without it. ,,'I",;,""fi/r Responding to Councilman Davis. the Planning Director advised that if there is an ex,isting pole sign on the property. changing the sign face can be done without approval; however. if there is an expansion in the surface area of the sign. then there would be a request to come before the Council. Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. . , Ms; Lucinda Kemmis. owner of Lincoln Avenue Sales Storage. 4664 Lincoln Avenue. Cypress, expressed dissatisfaction in allowing another mini storage facility in such close proximity when there are already two facilities within a two mile radius. 7 ( ---- ,/ / ,- City Council Minutes January 11. 1988 125 Mayor Arnold stated business cannot be restricted because of competition and there are many other factors involved in this matter that went into making the deci s i on . It was moved by Co~ncilman Mullen and seconded by Councilman Coronado to close the public hearing and adopt the Resolution by title only. title as follows approving Conditional Use Permit No. 87-36 subject to the conditions and requested the applicant return to Council for approval on any added signage. The City Manager stated staff will research the code and return to Council if the authority is there to control a sign with dual usage. If not. staff will so advise Council and proceed with the design review. Councilman Mullen stated he was in favor of the project with or without the sign and if the sign is not approved. then proceeding with the development is entirely up to the applicant. The Public Works Director requested a correction to Condition #11 to require that construction shall be in compliance with the currently adopted editions of the City Building Division Codes. Councilman Mullen amended his motion to reflect this revision. RESOLUTION NO. 3340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-36 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF PUBLIC HEARING RE: REVIEW OF DEVELOPMENT AGREEMENT 85-1. CYPRESS VIEW LIMITED: Mayor Arnold declared the hearing open. The Planning Di~e~tor summarized the staff report dated January 4. 1988. which indicated thJ~ was an informational item brought before the City Council because of the a~itional development on this property that is also before the Council. Ba.~cally. the development agreement was part of the Specific Plan and required that property be reserved for commercial land uses until December 31. 1991. This is not required if: 1) the southeast corner of Valley View and Katella was developed as commercial/retail. 2) the development agreement is amended by ordinance, or 3) it expires. One of the objectives of the Specific Plan was to provide an economic development strategy which would maximize sales tax revenues through the encouragement of commercial/retail uses and staff feels the applicant is working toward this objective. Property owners were notified within a 300 foot radius and no conmunications were received. Staff recommended that the Council receive and file. Councilman Mullen asked if this had to do with the decision to relieve Cypress Land from the retail use and the Planning Director advised that indirectly this does affect it in that the property can no longer be released since the Cypress Land property will not be developed as retail. Mayor Arnold asked if anyone wished to speak in support of or opposition to the Review of Development Agreement. No one wished to do so. It was moved by Councilman Davis and seconded by Councilman Coronado to close the public hearing and receive and file the Review for Development Agreement 85-1 Cypress View Limited. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kane I CONSIDERATION OF PUBLIC HEARING RE: CITY OF CYPRESS LIGHTING DISTRICT NO. 2 - 1988: Mayor Arnold declared the public hearing open. The Public Works Director summarized the staff report dated January 4, 1988. which indicated th~ City Council had adopted the Resolution of Intention to order street , ~ _ -.it " ,\~ 8 , ,~ . ,,'$ -; 126y Council Minutes January 11. 1988 lighting installation and maintenance and also Resolutions approving the City Engineer"s Preliminary Report for Cypress Lighting District No.2. Staff recommended City Council adopt the Engineer"s Report and the two accompanying resolutions. ' Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Mullen and seconded by Councilman Davis to close """c,~ the public hearing and adopt the Resolutions by title only. titles as follow confirming the report of the City Engineer and order the improvement to be made; and naming and ordering the Southern California Edison Company as the only contractor capable of improving and servicing the street lighting system in Cypress Lighting District NO.2. RESOLUTION NO. 3341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. COUNTY OF ORANGE. STATE OF CALIFORNIA. CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY. DATED DECEMBER 14. 1987. PREPARED PURSUANT TO RESOLUTION NO. 3316 OF SAID COUNCIL. AND REFERRED TO IN RESOLUTION NO. 3324 OF SAID COUNCIL, AND THE PLANS. SPECIFICATIONS AND ESTIMATE CONTAINED IN SAID REPORT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION NO. 3325 AND RESOLUTION NO. 3326. APPOINTING THE TIME AND PLACE FOR HEARING. ALL IN ACCORDANCE WITH DIVISION 14. PART 1. STREETS AND HIGHWAYS CODE. STATE OF CALIFORNIA. AS AMENDED. REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." RESOLUTION NO. 3342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. COUNTY OF ORANGE. STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF. SUPPLYING ~,-....,~" MAINTENANCE FOR. AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM IN CYPRESS LIGHTING DISTRICT NO. 2 AND ORDEREO TO BE INSTALLED BY RESOLUTION NO. 3325 OF SAID COUNCIL. ALL IN ACCORDANCE WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1. STREETS AND HIGHWAYS CODE. STATE OF CALIFORNIA, AS AMENDED. REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF DESIGN REVIEW COMMITTEE NOS. 87-53 AND 87-54. TWO OFFICE BUILDINGS. SOUTHEAST CORNER OF CORPORATE AVENUE AND CAMDEN DRIVE: CONSIDERATION OF DESIGN REVIEW COMMITTEE NOS. 87-57 AND 87-58. TWO OFFICE BUILDINGS. NORTHEAST CORNER OF CORPORATE AVENUE AND CAMDEN DRIVE and CONSIDERATION OF DESIGN REVIEW COMMITTEE NOS. 87-55 AND 87-56. OFFICE AND MULTI-TENANT BUILDING. SOUTHEAST CORNER OF CERRITOS AVENUE AND CAMDEN DRIVE: The Planning Director summarized the staff reports dated January 4. 1988. January 6, 1988 and January 4. 1988. respectively. which represented requests by OMA Cypress Properties to construct office and multi-tenant buildings in r'''':. the PC-5 Planned Community Business Park Zone No.5. Councilman Davis expressed his appreciation for the Master Site Plan that was provided by staff which facilitated his study of these projects. It was moved by Councilman Mullen and seconded by Councilman Davis to receive and file Design Review Committee Nos. 87-53 and 87-54 subject to the conditions; Design Review Committee Nos. 87-57 and 87-58 subject to the conditions; and Design Review Committee Nos. 87-55 and 87-56 subject to the cond it ions" The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None 9 City Council Minutes January 11. 1988 IZ? ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF PROPOSED POSITION CLASSIFICATION AND COMPENSATION PLAN AMENDMENT - RISK MANAGEMENT TECHNICIAN: The staff report dated December 23. 1987 indicated that the City Council had approved the permanent full-time Risk Management Technician position included in the FY 87-88 budget. The Class Specification for the Risk Management Technician and a similar Resolution amending the City"s Position Classification and basic Compensation Plan to include this position have been prepared. Staff recommended City Council adopt the Resolution. It was moved by Councilman Mullen and seconded by Councilman Davis to adopt the Resolution by title only, title as follows amending the Position Classification and Basic Compensation Plan. RESOLUTION NO. 3343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 975 BY ADDING THE CLASSIFICATION OF RISK MANAGEMENT TECHNICIAN TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF NEWSLETTER ARTICLES: The City Manager advised that staff is rewriting several of the articles and due to the lack of a full Council for the new few meetings. he suggested mailing the draft newsletter articles for review by Council on an individual basis and make the deadline the first week in February. The Council unanimously agreed to receive and file the action. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 23806 - 24273: It was moved by Councilman Mullen and seconded by Councilman Davis to approve the commercial warrant list for Warrants No. 23806 - 24273 in the amount of $1,434,308.25. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel RECESS: Mayor Arnold recessed the meeting at 10:25 p.m. in order for the Council to convene as the Cypress Redevelopment Agency. The meeting was called back to order at 10:27 p.m. with all Councilmembers present as before. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" were considered by the City Council to be routine and to be enacted by one motion approving the recommendations listed on the Agenda. Councilman Coronado requested the removal of Item #16, Consideration of Arnold/Cypress Park Area Traffic Study. The City Manager advised that Mr. Simon called on Item #10. Consideration of Status Report on Investigation of Block Wall Damage - 9262 Nancy Street. and wished to continue this item to January 25. Mayor Arnold noted that the roll call vote taken on the Consent Calendar items was not reflected in the Minutes of December 14. 1987 and the vote will be inserted in those minutes. The Minutes of the Adjourned Regular Meeting of November 30. 1987 were removed from the Consent Calendar for requested corrections. It was moved by Councilman Mullen and seconded by Councilman Davis to approve the Consent Calendar Items ##1 through #16 with the exception of Items #10 and ##16. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel 10 /28 City Council Minutes January 11, 1988 Item ##1: Motion to Approve City Council Minutes of the Regular Meeting of December 14, 1987. as submitted and/or corrected. Recommendation: That the City Council approve the Minutes of the Regular Meeting of December 14. 1987. as corrected. Item ##2: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and To Waive Further Reading. Item ##3: Consideration of Adoption of Resolutions Commending Eagle Scouts. '*I"'n;"liIjI~, Recommendation: That the City Council adopt the Resolutions by title only. titles as follows. commending Boy Scouts Kristofer L. Gleason. Jerry A. Poole. Gary Y. Fujita, and Jon K. Nakagawa on achieving the rank of Eagle Scouts. RESOLUTION NO. 3344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT KRISTOFER L. GLEASON ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 3345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT JERRY A. POOLE ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 3346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT GARY Y. FUJITA ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 3347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT JON K. NAKAGAWA ON ACHIEVING THE RANK OF EAGLE SCOUT. Item ##4: Consideration of an Application for Alcoholic Beverage License ~ Transfer Filed by Hady & Mehdi Motlagh. D.B.A. Marri"s Pizza. 9195 Valley View Street. Cypress. Item ##5: Consideration of Authorization for the City Manager to Attend the Western Governmental Research Association (WGRA) 1988 Annual Conference March 16-19. 1988, in San Francisco. Recommendation: That the City Council authorize the attendance of the City Manager to the 1988 Annual Conference of the Western Governmental Research Association to be held on March 16-19. 1988. in San Francisco, and be reimbursed for all actual and necessary expenses incurred. Item #6: Consideration of Participation in the Teaching Scholarship Program. Recommendation: That the City Council continue to support the Cypress High School"s Teaching Scholarship Program, and authorize two (2) $200 scholarships to be awarded to graduating seniors pursuing teaching careers. Item ##7: Consideration of Employment List - Dispatcher. Recommendation: That the City Council certify the employment list for the position of Dispatcher as submitted. Item ##8: Consideration of Appropriation of Funds for Transportation Seminar. """IIi Recommendation: That the City Council authorize the attendance of Mayor Arnold and Traffic Commissioners Betar. Bloch. and Carruthers at the "Business ".,-if!; Caucus for Traffic Solutions" at the Anaheim Hilton Hotel and reimburse them the registration fee of $50 each. Item ##9: Consideration of Approval of Membership - Orange County Employment Relations Consortium. Recommendation: That the City Council approve the City's membership in the Orange County Employment Relations Consortium and authorize the Assistant to the City Manager to execute the Agreement for Special Services with Liebert, Cassidy and Frierson in the amount of $1.290. 11 /. City Council Minutes January 11. 1988129 Item #11: Consideration of Contract Change Order No.2. City Project No. 8615-90. Recommendation: Receive and file. Item #12: Consideration of Claim Filed by AMICA Mutual Insurance Company for Their Insured. Jeff R. Bekeris. Recommendation: That the City Council officially reject the subject claim and refer it to the City"s Claims Administrator. Carl Warren & Company. for appropriate disposition. Item #13: Consideration of a Resolution Approving the City"s Participation in the Housing and Community Development Program With the County of Orange. Beginning July 1, 1988 and June 30, 1991. Recommendation: That the City Council adopt the Resolution by title only. title as follows. approving the City of Cypress participation in the Housing and Community Development Program with the County of Orange. RESOLUTION NO. 3348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY"S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. Item #14: Consideration of Modification of Conditional Use Permit No. 87-17. 40-Unit Apartment Complex. 6402-6420 Orange Avenue. Recommendation: That the City Council approve modification of Conditional Use Permit No. 87-17. subject to the following conditions: 1) The conditions of approval for Conditional Use Permit No. 87-17 shall remain valid. and 2) Additional landscaping shall be planted around the carports adjacent to Orange Avenue and the driveway subject to Planning Department"s approval. Recreation & Park District Matters: Item #15: Consideration of Six Month Extension of Sublease Agreement With United Cerebral Palsy of Orange County Association. Inc. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District. approve the extension of the Sublease Agreement with the United Cerebral Palsy of Orange County Association, Inc.. for a six month period only. commencing January 1, 1988 and ending June 30. 1988. at the current six month rate of $3.580.20. With regard to Item #10. Consideration of Status Report on Investigation of Block Wall Damage - 9262 Nancy Street. it was moved by Councilman Mullen and seconded by Councilman Davis to continue this item to the meeting of January 25. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel Regarding Item #16, Consideration of Arnold/Cypress Park Area Traffic Study. Councilman Coronado referred to the last sentence of staff"s memorandum to the City Manager, i.e., "Periodic monitoring of the intersection is recommended; however, installation of a traffic signal is not anticipated to be justified by engineering criteria for several years, if at all." and stated he was uncomfortable with this statement. After further discussion. the City Manager suggested that the minutes reflect that this action include a continued monitoring of the intersection. It was moved by Councilman Coronado and seconded by Councilman Davis to receive and file the attached report regarding the Arnold/Cypress Park Area Traffic with the correction that there will be a continued monitoring of the intersection. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None 12 / - I' I j' - , '....-,. ~~y()council Minutes January 11. 1988 ABSENT: 1 COUNCILMEMBERS: Kanel ORDINANCE: (Second Reading) It was moved by Councilman Mullen and seconded by Councilman Davis to order the following Ordinance read by title only. title as follows and to adopt the Ordinance: ORDINANCE NO. 791 _". 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: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel ORAL COMMUNICATIONS: Mayor Arnold asked if anyone wished to speak on any item not on the Agenda. No one wished to do so. WRITTEN COMMUNICATIONS: Mayor Arnold remarked that she had received information from Dr. Kay Deeton, Cypress College on the Sony/Cypress College project. which enhanced their word processing and data base management class. ADJOURNMENT: Mayor Arnold adjourned the meeting at 10:30 p.m. I/l, ~/ THE CITY OF CYPRESS ~ ATTEST: L,I/ ~ c , ^/Y r/1 0/ J}/U'. j CITY CLERK~F HE CI~ OF CYPRESS ...- 13