Minutes 88-02-22
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144
MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
February 22. 1988
The regular meeting of the Cypress City Council was called to order at 5:37
p.m. on Monday. February 22. 1988. in the Cypress City Council Chambers. 5275
Orange Avenue. Cypress. California. Mayor Margaret Arnold presiding.
PRESENT: Councilmembers Davis. Kanel. Mullen and Arnold
ABSENT: Councilmember Coronado
Also present were City Manager/City Clerk Darrell Essex. Assistant City
Manager David Barrett. City Attorney Jerry Patterson and staff members
Beardsley. DeCarlo. 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.
STUDY SESSIONS:
CONTINUATION OF CONSIDERATION OF THE MID-YEAR BUDGET WORKSHOP: The City
Manager advised that this matter was continued from the last Council meeting
for the presence of a full Council and there are three considerations: 1 )
1988/89 Budget Calendar. 2) The Mid-Year Budget Review Including the detailed
General Fund Revenue and Expenditure Reports as of December 31, 1987. and 3)
Asset Seizure Fund. Councilman Mullen stated he will be unable to attend the
June 6. 1988 budget review meeting and Mayor Arnold suggested changing the
date to Tuesday. June 7.
It was moved by Councilman Mullen, and seconded by Councilman Kanel to accept
the budget calendar with the change of the date from Monday. June 6 to
Tuesday. June 7. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Chief Lowenberg advised the Council that the asset seizure plan provided
additional funds for narcotics enforcement and educational programs and
requested an initial purchase with those funds. The City Manager explained
that these monies have to be used specifically for drug-related education or
equipment and a budget will be brought before the Council with priorities.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve
the purchase of a lap top computer in the amount of $2.886.32 from funds
gained through drug asset seizure.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
EXECUTIVE SESSION: At 5:55 p.m.. Mayor Arnold adjourned the meeting to an
Executive Session to discuss matters of litigation and personnel. The meeting
reconvened at 6:37 p.m. with all Councilmembers and staff members present as
before.
CONSIDERATION OF WORKSHOP SESSION WITH THE CYPRESS CHAMBER OF COMMERCE: Mayor
Arnold invited Ms. Christine Klima. President of the Cypress Chamber of
Commerce. to step forward to present the copies of the Chamber budget and the
six month progress report. Ms. Klima then called upon Mr. Ned Fox. the
Executive Director of the Chamber. who provided an overview and update of the
Chamber activities during the past year. Councilman Davis suggested that the
Chamber compare actual figures to the budget figures so more accurate
information can be shown.
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City Council Minutes February 22. 198E].45
After further discussion. Councilman Kanel asked that Continuation of
Consideration of Review of Monetary Support to the Cypress Chamber of Commerce
also be considered during the 5:30 p.m portion of the Agenda at which time
Councilman Coronado would be present for this item.
COUNCILMAN CORONADO ARRIVED AT 7:15 P.M.
Councilman Coronado addressed the Chamber of Commerce on the review of
monetary support and the position the Chamber took during the November
election. He suggested an amendment to the agreement between the Chamber of
Commerce and the City of Cypress clearly defining the issues the Chamber must
not involve itself in. particularly political issues in which the City is
i nvo lved. He further advised that the penalty would be complete rescission of
all funds and all further support if the agreement is broken. Councilman
Kanel stated that all nonprofit organizations have the right to disseminate
information to their membership. but the formal endorsement is what is being
addressed. Councilman Mullen expressed his views on the necessity of having a
viable Chamber of Commerce to articulate the business community"s views. feels
they have a responsibility to do that and does not support Councilman
Coronado"s viewpoint. Councilman Kanel stated that any non-profit
organization that is chartered with the State of California does jeopardize
its non-profit status if they involve themselves with elections.
Mr. Phil Wendel. Second Vice President in Charge of Internal Affairs. Chamber
of Commerce. assessed the situation as the basic issue of does the Chamber
have the right to take a political stand within the confines of the agreement
with the City. discussed the issue among the membership and took a position on
that topic.
Responding to Councilman Kanel. the City Attorney answered that he responded
to the issue at the request of at least two Councilmembers and was contacted
by the Chamber and met with them.
Mayor Arnold called for input from the public on this matter.
Mr. James Sutherland. 9802 Bloomfield Street. Cypress. asked for a continuance
of the matter as the request for public input was a complete surprise. there
were several individuals that were prepared to speak that were not at the
meeting. He further stated the issue is: what the City should do and what
the City should permit with its money and asked they be provided a fair
opportunity to debate that issue.
Councilman Coronado stated. for the record. that this is a very explosive
situation here that has to be resolved.
It was moved by Councilman Coronado to continue this matter and hearing no
objection. Mayor Arnold continued the Continuation of Consideration of Review
of Monetary Support to the Cypress Chamber of Commerce to the meeting of March
14. 1988 to be heard during the 7:30 p.m. session. Councilman Davis stated
that prior to the expiration of the current contract with the Chamber. he will
provide some proposals restructuring the method in which the funds are
distributed to them.
CONSIDERATION OF JOINT MEETING WITH THE CYPRESS CULTURAL ARTS COMMISSION:
Commissioners Hadjinian and Hornby were present. Irene Hornby. Chairperson of
the Cultural Arts Commission. stated that the other members of the Commission
had a prior commitment and were unable to remain. She recited those events
that the Commission has sponsored during the last several months: "Cypress
Celebrates the Arts Week." Concert on the Green, trip to the J. Paul Getty
Museum. poster contest. Cypress Heritage Committee, a monthly competition of
children"s art from local elementary schools which is displayed at City Hall
and the winner of the monthly competition will be entered in the "Cypress
Celebrates the Arts" competition. Those events planned for the future are:
the second "Cypress Celebrates the Arts Week" which encompasses the juried art
show. the Bowers Museum Mobile display. a contribution to the proposed July
4th Fireworks display, and a museum excursion.
The proposed budget will request monies for three concerts at $1.000 each.
$500 sculpture prize in honor of the Centennial. funds for moving and locating
the immigrant house and exploring the possibility of obtaining a matching
restoration grant.
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City Council Minutes February 22. 1988
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She also advised that two Commissioners will be needed and requested that.
during the interviews. it be stressed that this Commission is very busy and a
lot of time is required between the meetings. Mayor Arnold asked for a
synopsis of what is expected of a Cultural Arts Commissioner so the applicants
can be apprised. Chairperson Hornby asked that a clerical staff member be
assigned to the Cultural Arts Commission.
The themed picnic that was held during January was to establish a foundation
for an organized board structure to be known as the "Friends of the Arts"
group and a presentation will be made to the Council as soon as the group is -,
formed.
She thanked the Council for their support and cooperation during the year and
looked forward to another successful year for the Cultural Arts Commission.
Councilman Mullen congratulated the Commission on the fine work and
imaginative programs they have presented.
Malcolm Johnson explained that the award referred to by Chairperson Hornby was
the California Park and Recreation Society State Professional Organization"s
Award for volunteerism which is an annual award given to an organization or
individual within a community and the Cultural Arts Commission has been
nominated for that within this District.
RECESS: Mayor Arnold called a recess at 8:08 p.m. The meeting was called
back to order at 8:27 p.m. with all Councilmembers present as before.
including staff member Eynon.
PLEDGE OF ALLEGIANCE: Councilman Davis led the pledge.
The City Manager summarized those items addressed during the 5:30 p.m. portion
of the meeting. stating that the Council conducted a budget workshop, a
workshop with the Chamber of Commerce and held a joint meeting with the
Cypress Cultural Arts Commission.
The City Attorney recapped the items heard in Executive Session involving
salary negotiations with the Police Department. school property appraisal and
a litigation matter.
PRESENTATIONS: Mr. Ned Fox introduced and Mayor Arnold presented a plaque to
Ms. Nancy Weaver. mother of the former Miss City of Cypress. who read a letter
from her daughter. Taressa. thanking the Council and the City of Cypress for
their kindness and encouragement the past year. Ms. Kimberly Burtch. Miss
Teen Cypress 1987 was unable to attend due to a prior commitment.
Mr. Fox introduced Victoria Kogan. Miss Teen Cypress 1988 and Gina Marie
Desmond. Miss City of Cypress 1988. who thanked the Council and expressed
their appreciation for the honor bestowed upon them.
CONSENT CALENDAR
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
Councilman Coronado requested Item ##26. Consideration of Holding a Public
Hearing Regarding a Public Nuisance Condition Located at 11444 Tortuga.
Assessor"s Parcel Number 224-152-19. in the City of Cypress. be removed from
the Consent Calendar for further discussion.
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The City Manager asked that Item ##25. Consideration of Annexation No. 88-1.
County Unincorporated Area North of the City Boundary and South of the
Railroad Tracks. be removed from the Consent Calendar for further explanation.
Councilman Mullen requested "Jane Hawkins" be corrected to "Jeanne Hawkins" on
page 4. Item ##21 of the February 8. 1988 minutes.
I It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the Consent Calendar Items #6 through #26 . with the exception of Items ##25 and
#26. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEMBERS: Coronado. Davis. Kanel. Mullen & Arnold
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City Council Minutes February 22. 1988
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NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCIlMEMBERS: None
Item #11: Motion to Approve City ,Council Minutes of the Regular Meeting of
February 8. 1988. as corrected. and Special Meeting of February 16. 1988.
Recommendation: That the City Council approve the Minutes of February 8.
1988. as corrected. and February 16, 1988 with Councilmembers Coronado and
Davis abstaining on the February 8, 1988 Minutes due to their absence at the
meeting.
Item #12: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #13: Consideration of Application for an Original Alcoholic Beverage
license Filed by Kyoo Paik Chung. D.B.A. Sunrise Japanese Restaurant. 6151
Ball Road. Cypress.
Recommendation: That the City Council receive and file the application.
contingent upon the approval/disapproval of Conditional Use Permit No. 88-4 to
be considered by the City Council at its meeting of March 14. 1988.
Item #14: Consideration of Proclaiming March 1988. as "Red Cross Month" in
the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim March
1988. as "Red Cross Month" as requested.
Item ##15: Consideration of Monthly Investment Program for the Months of
November and December 1987.
Recommendation: Receive and file.
Item ##16: Consideration of Change Order No. 3 for City-Wide Street
Resurfacing Projects #8672-10-1183 and #8754-90.
Recommendation: Receive and file.
Item #17: Consideration of Proclaiming the Week of April 18. 1988. as "Child
Abuse Prevention Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim the week
of April 18. 1988. as "Child Abuse Prevention Week" in the City of Cypress.
Item #18: Consideration of Employment List - Clerk-Typist.
Recommendation: That the City Council certify the employment list for the
position of Clerk-Typist.
Item ##19: Consideration of Claim Filed by Raymond Joyce.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City"s Claims Administrator. Carl Warren & Co.. for
appropriate disposition.
Item #20: Consideration of Claim Filed by Marvin O. Burton. Attorney. On
Behalf of Lonni L. Langlois.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City"s Claims Administrator. Carl Warren & Co.. for
appropriate disposition.
Item ##21: Consideration of 1987 Southern California Earthquake Account.
Recommendation: That the City Council adopt the Resolution by title only.
title as follows. naming Lawrence D. Hurst as the City"s agent in matters
concerning financial assistance obtained through the Southern California
Earthquake Act.
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148 ity Counc il Mi nutes February 22. 1988
RESOLUTION NO. 3359
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS NAMING LAWRENCE
D. HURST. FINANCE DIRECTOR. AS THE CITY OF CYPRESS" AGENT IN MATTERS
CONCERNING FINANCIAL ASSISTANCE OBTAINED THROUGH THE SOUTHERN CALIFORNIA
EARTHQUAKE ACT.
Item #22: Consideration of Weed and Rubbish Abatement Program - Resolution
Authorizing Posting of Properties and Declaring City"s Intention to Abate.
Recommendation: That the City Council adopt the Resolution by title only. -
title as follows. declaring that the listed properties constitute a public
nuisance; declaring the City"s intention to abate; directing the Street
Superintendent to post notices; and setting the time and place for the public
hearing of objections to the proposed abatement to be held on March 28. 1988.
RESOLUTION NO. 3360
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT
WEEDS GROWING UPON OR IN FRONT OF. AND RUBBISH. REFUSE AND DIRT UPON OR
IN FRONT OF CERTAIN PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC
NUISANCE. DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF.
AND SETTING A PUBLIC HEARING THEREON.
Item ##23: Consideration of Acceptance of Improvements of Walker Street
Sidewalks and Bike Trails. East Side From Cerritos Avenue to Railroad and West
Side From Railroad to Katella Avenue. and Denni Avenue Sidewalk. South of
Lincoln Avenue. City of Cypress Project No. 8657-90.
Recommendation: That the City Council: 1) Approve a contract change to
Wakeham-Baker. Inc.. from $69,069.00 to $67.326.00; 2) Accept the Walker
Street and Denni Street Project. City of Cypress Project No. 8657-90. as being
satisfactorily completed in accordance with the Plans and Specifications; and
3) Authorize the City Clerk to release the Labor and Material Bond. upon
expiration of the required lien period. providing no liens have been filed.
and to release the Faithful Performance Bond. upon expiration of one year"s JIl'-.,..,,,,,,"
guarantee. providing no defects in material or workmanship become evident.
Item ##24: Consideration of Water Line Service Agreements for Senior Citizens
Housing Project, City of Cypress Project No. 8663-90.
Recommendation: That the City Council: 1) Approve the two agreements with
Southern California Water Company for water line installation to the Senior
Citizens" Housing Project and authorize their execution by tne Mayor and City
Clerk; 2) Authorize payment to Southern California Water Company in the amount
of $16.525.00 from the City"s Community Development Block Grant funds; and 3)
Authorize the Public Works Director to execute the required "Fire Protection
Service Record" card. required as part of the procedure for installation of
the later service line.
Regarding Item ##25. Consideration of Annexation No. 88-1. County
Unincorporated Area North of the City Boundary and South of the Railroad
Tracks. the City Manager explained, for clarification, that the City initiated
the annexation based upon the request of a number of petitioners who came to
the City some months ago and committed to the petitioners and the County that
they would initiate the application. which is Item #25 on the Consent
Calendar. and is not scheduled for public hearing until the process goes
before the Local Agency Formation Commission (LAFCO). The action this evening
is for the Council to approve that application. Assuming that LAFCO approved
the annexation procedure. the City would conduct a public hearing and official ~-
protest May 9. which would allow persons living in the area who either own
property or who are registered voters to attend and submit their protest
either at that time or by petition.
Responding to Councilman Coronado. the City Manager answered that the $800.00
is an application fee to the County for costs of publication, notices. staff
time to prepare reports and is not refundable. The City Attorney stated this
is the procedure to find out if there are protests or not and the only real
way to know is through the public hearing process.
After further discussion, the City Manager advised there is not a hearing
tonight. but this issue will be subject to two hearings one on the annexation
and one on the zoning and there will be ample opportunity and notice to
everybody before this becomes final.
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City Council Minutes February 22. 1988149
Councilman Mullen suggested that the people interested in attending the
hearing at LAFCO call the Planning, Department and confirm the date of that
hearing and expressed his support of this portion of the procedure.
It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt
the Resolution by title only. title as follows. initiating annexation and
direct staff to file said annexation with the Local Agency Formation
Commission of Orange County and appropriate $800.00 to Account No. 4189-11-
192-06 for the application fee. Councilman Coronado expressed his
dissatisfaction over the expenditure of the $800.00 application fee before
knowing how the people feel about the annexation
RESOLUTION NO. 3361
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING
APPLICATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE
PROCEEDINGS FOR THE ANNEXATION OF PROPERTY REFERRED TO ANNEXATION NO.
88-1 TO THE CITY OF CYPRESS.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
In regard to Consideration of Holding a Public Hearing Regarding a Public
Nuisance Condition Located at 11444 Tortuga. Assesor"s Parcel Number 224-152-
18. in the City of Cypress. the City Attorney advised that this item was
discussed during an Executive Session and the Council directed this matter be
set for hearing for public nuisance and this called for the public hearing.
It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt
the Resolution by title only. title as follows. declaring its intent to
conduct a public hearing to ascertain whether the above referenced property
and conditions constitute a public nuisance. said public hearing to be held on
March 14. 1988.
RESOLUTION NO. 3362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING A PUBLIC
HEARING TO DETERMINE WHETHER AN UNSCREENED SECOND STORY PATIO ENCLOSURE
AT 11444 TORTUGA IN THE CITY OF CYPRESS CONSTITUTES A PUBLIC NUISANCE
AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: No Oral Communications were presented.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-19. SIX APARTMENT UNITS. 9532 WALKER STREET: Mayor Arnold declared the
hearing open. The Planning Director recapped the staff reports dated December
30. 1987 and February 4. 1988. 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 and
recommended that the City Council approve Conditional Use Permit No. 87-19.
subject to conditions.
Mayor Arnold invited the applicant to come forward.
Mr. William A. Morgan. 1210 North Jefferson Street. Anaheim. designer of the
project and representing the applicant. stated the applicant had requested
numerous variances when no variances were required and the structure on the
north with approximately the same lot size has an eight unit building and the
applicant is requesting to build six units.
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City Council Minutes February 22. 1988
150
No one else wished to speak in support of or opposition to this application.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing and adopt the Resolution by title only. title as follows
approving C.U.P. 87-19 with conditions.
RESOLUTION NO. 3363
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-19 - WITH CONDITIONS.
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The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado. Kanel. Mullen & Arnold
NOES: 1 COUNCILMEMBERS: Davis
ABSENT: 0 COUNCILMEHBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-23 AND DESIGN REVIEW COMMITTEE NO. 87-44. RETAIL CENTER AND MINI-
STORAGE UNITS. 5892 LINCOLN AVENUE: Mayor Arnold opened the hearing. The
Planning Director advised the Council that the applicant has signed the City"s
waiver form which requested a continuance to the March 28. 1988 Council
meeting.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue
the public hearing on C.U.P. 87-44 to Harch 28. 1988. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE NO. 87-6. BUS SHELTERS CONTAINING SIGNS IN THE PUBLIC RIGHT-OF-WAY
CITYWIDE: Mayor Arnold declared the public hearing open. The City Manager
requested consideration of this item along with Item ##41. Consideration of
Franchise Agreement for Advertising Bus Shelters and Non-Advertising Bus
Benches (City Project 8825-90) and Amendment to the Zoning Ordinance No. 87-6.
The Public Works Director summarized the staff report dated February 12. 1988.
which indicated an amendment to the zoning ordinance to allow advertising bus
shelters to be located in the public right-of-way. subject to certain
regulations and has prepared a Request for Proposals for firms interested in
furnished. installing and maintaining bus shelters and benches at designated
locations throughout the City. Staff recommended that the City Council hold a
public hearing and approve the first reading of the ordinance amending
Sections 8.A and 15.1.C and adding Section 15.3.F to Ordinance No. 640 of the
Zoning Ordinance of the City of Cypress. In answer to Councilman Mullen. the
City Attorney responded it would be very difficult for the City to prevent a
particular type of advertisement but it would be easier to prohibit
advertisements for tobacco and alcoholic beverages.
After further discussion. the City Attorney advised there was a five year
franchise. and if the company desired to stay in beyond that period. it would
require the City"s approval. Councilman Kanel suggested the City Attorney
check with OCTD to see what restrictions they impose on advertising.
Councilman Davis stated that he did not feel that there was enough inclement
weather or bus riders to justify bus shelters. He further advised we have
been attempting to eliminate commercial enterprises from using the public
right-of-way for advertising. and he wished to remain consistent with prior
decisions on signage thus. he could not support the application. Councilman 1Pf~
Mullen remarked that there were sufficient bus riders. the largest groups that
use them are the handicapped and the elderly and there is a great social need
to promote public transportation.
Hayor Arnold asked if anyone wished to speak in support of this proposal.
Ms. Monica Prado. 3301 South Bear. Santa Ana. representing Jean-Claude LeRoyer
of Bus Stop Shelters of California, provided the Council with manuals
outlining the maintenance of the bus shelters. the type of advertisement
allowed and offered to answer any questions the Council might have.
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City Council Minutes February 22. 19~51
Mr. John Hall 1555 Mesa Verde Drive. Costa Mesa, representing Inter-City
Shelters. responded to questions posed by the City Council.
In answer to the liability question. the City Attorney responded if it is not
a traffic safety problem. there is essentially no liability.
Mayor Arnold asked if anyone wished to speak in opposition to the application.
Ms. Gail Kerry. 5196 Edgemont Circle. Cypress had a question on the amount of
panels per shelter.
Councilman Kanel expressed his support of the bus shelters for the elderly,
handicapped. who use busses as their sole means of transportation and felt
that all safeguards were built into the agreement.
Councilman Coronado remarked that everything possible should be done to
encourage people to use the mass transit system to prevent traffic congestion.
Mayor Arnold stated she was in favor of accommodating the transportation
system; however, she is not in favor of advertising bus seats anywhere because
there are too many drawbacks and she cannot think of one redeeming factor for
allowing them.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close
the public hearing and approve the first reading of the Ordinance by title
only. title as follows. amending Zoning Ordinance No. 87-6; and approving the
Terms of the Franchise Agreement for Advertising Bus Shelters and Non-
Advertising Bus Benches.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING AND
AMENDING SECTION 8.A. AMENDING SECTION 15.1.C AND ADDING SECTION 15.3.F
TO ORDINANCE NO. 6740. THE ZONING ORDINANCE OF THE CITY OF CYPRESS.
KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 87-6.
The Planning Director clarified. for the record. that the items cited in the
staff report dated February 12. 1988 under ZONING AHENDHENT DISCUSSION are
those that will appear in the final Resolution and not what was originally
proposed.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado. Kanel and Mullen
NOES: 2 COUNCILMEMBERS: Arnold and Davis
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-31, REYNOLDS RECYCLING COLLECTION FACILITY, SCOTTY"S FOOD CENTER. 6381
BALL ROAD: Mayor Arnold declared the hearing open. The Planning Director
summarized the staff report dated February 16. 1988. which represented a
request to operate a recycling collection trailer within the parking lot of
Scotty"s Food Center. A new state law required that recycling centers be
established within a one-half mile radius of supermarkets conducting two
million dollars or more in business a year. for the redemption of glass.
aluminum. plastic and non-aluminum metal beverage containers. The proposed
hours of operation are Tuesday-Friday. 12 noon to 6 p.m., and Saturdays, 9
a.m. to 5 p.m. The City Council cannot deny approval of a conditional use
permit for such facilities unless findings can be made that a facility would
create an immediate threat to public health and safety; however. they can
reasonably regulate such uses. The question of how to regulate recycling
facilities is the key concern and staff believes that basic measures can help
reduce impacts of the proposed recycling trailers while the applicant still
complies with State law. Notices of this public hearing were posted.
published and mailed to all property owners within a 300-foot radius of the
site. To date. staff has not received any communication on this matter.
Staff recommended that Council approve Conditional Use Permit No. 87-31
subject to conditions.
The City Attorney advised that the law is clear that these centers cannot be
prohibited. what isn"t clear is how far can the local government go on placing
restrictions.
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City Council Minutes February 22. 1988
152
Councilman Mullen declared his support for this application for the reason
that it was for only one year.
Mayor Arnold asked the applicant to come forward.
Mr. Steve Almiri. 9910 E. Sixth Street. Cucamonga. representing Reynolds
Aluminum Recycling Company. provided some background on aluminum recycling.
advised that Reynolds was addressing the visual impact of the trailer and
offered to answer any questions from the Council.
Mayor Arnold asked if anyone else to speak in support of or opposition to the ..-
application. No on wished to do so.
Councilman Davis suggested attempting to select an appropriate option for the
site. one that looks the best and is moved away from the setback.
Mayor Arnold expressed her disfavor of this type of recycling unit. however.
the trailer does seem to be the fairest option at this time and it will only
be for a year.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing and adopt the Resolution by title only. title as follows
approving C.U.P. 87-31 with conditions recommended by staff with the
additional condition that the reverse vending machines presently on the site
be removed.
Mr. Almiri stated that the existing reverse vending machines belong to
Reynolds. are capable of handling only aluminum cans but do not qualify under
state law. cost $10.000 to install and asked Council not to have these
machines removed as they still served a purpose. The trailer serves a
different market segment and is capable of handling aluminum and bi-metal
cans. glass and plastic.
Councilman Kanel expressed his support of the application but didn"t believe
the reverse vending machines needed to be removed from the site. IIW'"''''1'-'
After further discussion. Councilman Mullen withdrew his motion and Councilman
Davis withdrew his second.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing and adopt the Resolution by title only. title as follows
approving C.U.P. 87-31 with conditions.
RESOLUTION NO. 3364
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-31 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-35.
AUTOMOTIVE SERVICE CENTER. 5051 LINCOLN AVENUE: Mayor Arnold declared the
hearing open. Staff and the applicant had requested additional time to
resolve design issues.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue ",,".'~1
the public hearing to the Council meeting of March 14. 1988. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-1.
CONVENIENCE MARKET WITH OFFSITE SALE OF GENERAL LIQUOR. 5735 LINCOLN AVENUE:
The public hearing was declared open by Mayor Arnold. The Planning Director
recapped the staff report dated February 17. 1988. which represented a request
to operate a convenience market with the sale of general liquor within the new
9
City Council Minutes February 22. 19Qb~~
Isacc Commercial Center. 5735 Lincoln Avenue. Although the proposed
convenience market is consistent with the existing zoning. it raises the issue
of proliferation of businesses which provide the offsite sale of alcoholic
beverages and this has been a recurring issue along Lincoln Avenue. Staff had
updated a survey which revealed the existence of 12 offsite sales businesses
including six liquor stores and six mini-markets between Bloomfield and Valley
View. It is also important to note that Council has denied similar requests
in other parts of the City. Notices of the public hearing were posted. mailed
and published to property owners within a 300 foot radius. Staff has received
no communication on this matter. Based on Council"s consistent policy of
denying conditional use permits for businesses providing the offsite sale of
alcoholic beverages due to proliferation. staff cannot support approval of
this application. Staff recommended that Council deny C.U.P. No. 88-1 and if
they decided to approve the project. staff recommends that it be subject to
the conditions included in Exhibit "A".
Mayor Arnold asked the applicant to step to the podium.
Lida and Nassar Lahijani. 8479 Knollwood Court. Buena Park. clarified that
they desired to operate a Middle Eastern specialty store. with the sale of
liquor.
After further discussion. Councilman Davis asked the applicants if they felt
they could have a viable business without the liquor license.
Mr. Lahijani didn"t know. would prefer not selling any liquor. but it is a
compliment to the specialty items and further explained the kind and type of
groceries they planned to offer for sale.
Mayor Arnold indicated she would like a continuance and wanted documentation
on what is actually planned and what is going to be approved. Councilman
Coronado expressed his opposition to any further liquor stores on Lincoln
Avenue and indicated his desire for a continuance of the matter.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
this matter to March 14. 1988 to allow the applicant time to provide staff and
Council with a complete layout of the proposed specialty market.
When asked by Mayor Arnold. the applicant agreed to provide a floor plan by
the March 14 meeting; however. if he was unable to comply by that time. the
matter would be continued to the March 28 meeting.
The City Attorney advised that the hearing would be continued to the date the
Council requests. asked that the applicants revise their application. provide
a floor plan which would indicate the approximate square footage devoted to
alcoholic beverages and the other uses.
After further discussion. Councilman Mullen restated his motion. seconded by
Councilman Davis, to continue this matter to the March 14, 1988 meeting to
enable the applicant to submit a revised application for a Conditional Use
Permit. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-2.
CONVENIENCE MARKET WITH OFFSITE SALES OF GENERAL ALCOHOLIC BEVERAGES AND
DELICATESSEN. 9111 VALLEY VIEW STREET: Mayor Arnold opened the hearing. The
Planning Director summarized the staff report dated February 12. 1988. which
represented a request by Bernardino Gomez to locate a convenience market and
delicatessen with the offsite sale of general alcoholic beverages in the
Campus View retail center located at 9111 Valley View Street. After review of
the applicant"s proposal. staff determined that the convenience market and
delicatessen would be compatible with the other uses in the Campus View
Center. The area surrounding the intersection of Valley View Street and
Lincoln Avenue is of concern to staff due to the proliferation of
establishments selling alcoholic beverages and there are currently five
businesses with offsite alcohol sales and seven with onsite sales within one
block of this intersection. The applicant has been informed of staff"s
concerns regarding the proliferation of alcohol sales in the vicinity of the
Campus View Center. Notice of this public hearing has been posted. published
10
15}fy Council Minutes February 22. 1988
and mailed to all property owners within 300 feet of the subject property.
Staff has been contacted by Mr. Shahin Shilati. owner of the Liquor Emporium
located at 9175 Valley View Street in the Lakeshore Plaza retail center. Mr.
Shilati said he is concerned about the impact of the liquor sales on his
business. Staff recommended that the City Council approve Conditional Use
Permit No. 88-2 for the convenience market and delicatessen subject to
conditions and deny without prejudice the request for the sale of alcoholic
beverages. If the Council chooses to approve the offsite sale of liquor.
staff also recommended additional conditions.
-
Mayor Arnold called the applicant forward.
Mr. Donald Coynes. representing the applicant Bernardino Gomez. wished to open
a quality liquor store. and delicatessen. with take-out food.
Mayor Arnold asked if anyone else wished to speak in support of the
application.
Mr. Herb Andrews. 18025 Skypark East. Irvine. commented on the breakdown of
establishments selling alcoholic beverages in the immediate area and suggested
confining the analysis to the small stores and did not feel there was a
proliferation along Lincoln Avenue. He further advised that Campus View
Center is an opportunity to have a higher quality retail store located in a
superior center with superior location and an opportunity to bring some sales
tax revenue to the City and requested approval of the application.
Mr. Eddie Shelldrake. owner of the development. stated good tenants were
needed. the request is reasonable and urged the conditional use permit be
granted.
Mayor Arnold asked if anyone wished to speak in opposition to the application.
Ms. Sue Shilati. representing Liquor Emporium. expressed concern about the
proximity of the proposed market to their store and the impact of the liquor
sales on their business. !I/ll"'~
Councilman Kanel advised that he was not necessary against allowing the sale
of alcoholic beverages because he felt the tavern and Mr. Keg would be razed.
Councilman Coronado stated he could not support another liquor store.
Mayor Arnold remarked that more creativity should be shown as to what to allow
in these small shopping centers other than liquor stores. She advised the
data shows a proliferation of liquor stores. it is not a good sign for Cypress
and she will not support the sale of alcoholic beverages.
It was moved by Councilman Davis and seconded by Councilman Coronado to close
the public hearing and approve Conditional Use Permit No. 88-2. convenience
market and deny without prejudice the request to sell alcoholic beverages.
Councilman Kanel stated he will not support the motion because he feels the
other two licensees will be leaving soon.
RESOLUTION NO. 3365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-2 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote: ~
AYES: 4 COUNCILMEMBERS: Coronado. Davis. Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Kanel
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ORDINANCE PERTAINING TO THE STATUTE OF LIMITATIONS AND
LIMITATION OF ISSUES RAISED. The City Attorney summarized the report dated
February 15. 1988. which indicated that Cypress. as a charter city has the
ability to avail itself of various protections and other expressions of its
sovereignty provided by that charter. The ordinance reflects some of the
actions which a charter city may take and was prepared with the spirit of due
process in mind. It explicitly defines what the period of time is to bring
the actions and defines the process. This Ordinance would help limit the
11
City Council Minutes February 22. 19~55
period during which the City would be liable for certain types of legal
actions. it would add predictability to the legislative process by not facing
constant judicial challenge and would help eliminate specious lawsuits. He
recommended that the City Council introduce the Ordinance and approve the
first reading with adoption at the next meeting.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the first reading of the Ordinance by title only. title as follows pertaining
to the statute of limitations and limitation of issues raised.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
2 OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION OF SECTIONS 2-6.1 -
2-6.5 PERTAINING TO THE TIME PERIOD TO FILE FOR JUDICIAL REVIEW.
LIMITATION OF ISSUES RAISED. AND FOR OTHER PURPOSES.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-1. SECOND SINGLE-FAMILY
DWELLING. 5701 VONNIE LANE: The staff report dated February 11, 1988 revealed
a request by Pacific Western Builders to construct a second single-family
dwelling in addition to an existing single-family dwelling at 5701 Vonnie
Lane. In April 1987. the City Council denied a request for a variance to
construct an additional two-story duplex on this property because of the
excessive density and the impact to on-street parking at the intersection of
Vonnie Lane and Cypress Avenue. The current proposal meets the density
standard and will provide a total of five off-street parking spaces for the
property. To ensure adequate landscaping for the proposed dwelling. staff
will require a detailed landscape and irrigation plan and a bond shall be
posted by the applicant to guarantee the plant materials against defects or
loss through poor maintenance for a period of one year. Staff recommended
that the City Council receive and file Design Review Committee No. 88-1.
It was moved by Councilman Kanel and seconded by Councilman Davis to receive
and file Design Review Committee No. 88-1. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-3. ITALIAN
RESTAURANT WITH ONSITE SALE OF BEER AND WINE. 5735 LINCOLN AVENUE. #104:
Mayor Arnold opened the public hearing and without objection continued this
hearing to February 23. 1988.
Due to the lateness of the hour. and with the consent of the Council, Mayor
Arnold continued the following Agenda items to Tuesday. February 23, 1988 at
7:00 p.m.:
Consideration of Award of Contract for One (1) Diesel Tractor. Request
for Quotation No. 8788-36.
Consideration of D.A.R.E. Promotional Coffee Mugs.
Consideration of Award of One Year Contract for Typesetting Newsletter,
Request for Quotation No. 8788-37.
Consideration of Award of One Year Contract for Printing City Newsletter
Request for Quotation No. 8733-38.
Consideration of Professional Photographic Services.
Consideration of Award of Contract for Pinewood Park Play Structures.
Request for Quotation No. 8733-35.
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City Council Minutes February 22. 1988
156
Consideration of Retention of Contract Services for Landscape
Maintenance
Consideration of Design Review Committee No. 88-4. Three Multi-Tenant
Buildings. 6400 Gateway Drive (east end of Gateway Drive)
Consideration of Amendment to Design Review Committee No. 86-35.
Warland/Cypress Business Center. Knott Avenue. South of Cypress Fashion
Plaza. North of the Stanton Storm Channel.
-
Consideration of Addendum to Contract with Robert Bein. William Frost &
Associates. Sorrento (Tank Farm) EIR and Specific Plan.
Consideration of a Resolution Certifying the Addendum to the Final
Environmental Impact Report as the Environmental Documentation for the
Amended Redevelopment Plan and Authorize Transmittal to Various
Ent it i es.
Consideration of Adoption of a Resolution Establishing Salaries and
Working Conditions for City Employees Represented by the Cypress
Maintenance Employees" Association.
Consideration of Repairs to Council Chamber Air Conditioning System.
Consideration of Approval of Commercial Warrant List for Warrants No.
24896-25175.
Cypress Redevelopment Agency Matters.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 11:45 p.m.
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