Minutes 88-03-28
184
MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
March 28. 1988
The regular meeting of the Cypress City Council was called to order at 5:55
p.m. on Monday. March 28. 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. Acting City Attorney.
Bob Flandrick. Assistant City Manager David Barrett and staff member Hurst.
ORAL COMMUNICATIONS: There were none presented.
STUDY SESSION: The City Manager presented the summary of expenditure
proposals from each department and the anticipated revenue projections.
He further advised that the budget review meeting will be conducted June 7 at
6:30 p.m. in the Administrative Conference Room.
Councilman Mullen suggested discontinuing the procedure of providing the
Council with a written summary of expenditure proposals.
Councilmembers Arnold and Davis found the report helpful and stated it does
provide the amount of anticipated revenue.
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 Davis requested that Item ##4. be removed from the Consent Calendar.
Councilman Kanel asked that the minutes of March 14. 1988 be continued to the
next meeting for further review.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve
the Consent Calendar Items #1 through ##13 with the exception of Items #1 and
##4. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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 Change Order No.5 for City-wide Street Resurfacing
Projects #8672-10-1183 and ##8754-90.
Recommendation: Receive and file.
Item ##5: Consideration of Monthly Investment Program for the Month of
February 1988.
Recommendation: Receive and file.
Item ##6: Consideration of Proclaiming April 17-24. 1988, as "Victims" Rights
Week."
Recommendation: That the Mayor and City Council officially proclaim April 17-
24. 1988. as "Victims" Rights Week" in the City of Cypress.
Item ##7: Consideration of Adoption of Resolution Amending Personnel Rules and
Regulations for Employees of the City of Cypress and the Cypress Recreation
and Park District.
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City Council Minutes March 28. 1988 185
Recommendation: That the City Council. and acting as the ex officio governing
Board of , Directors of the Cypress Recreation and Park District. adopt the
Resolution by title only. title as follows. amending the Personnel Rules and
Regulations.
RESOLUTION NO. 3372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. AND ACTING AS
THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT. A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS.
AMENDING RESOLUTION NO. 1635. RULES AND REGULATIONS. CHAPTERS 8. 9. 10
AND 14. CONCERNING VACATION ELIGIBILITY AND MAXIMUM ACCUMULATION; SICK
LEAVE PAYMENT POLICY; MATERNITY LEAVE OF ABSENCE; AND EDUCATION
INCENTIVE PAY FOR EMPLOYEES OF THE CITY OF CYPRESS AND THE CYPRESS
RECREATION AND PARK DISTRICT.
Item ##8: Consideration of Proclaiming April 18-22. 1988. as "You've Got the
Power; Register and Vote Week."
Recommendation: That the Mayor and City Council officially proclaim April 18-
22. 1988. as "You"ve Got the Power; Register and Vote Week" in the City of
Cypress.
Item #9: Consideration of Employment List - Associate Civil Engineer.
Recommendation: That the City Council certify the Employment List for the
position of Associate Civil Engineer as submitted.
Item ##10: Consideration of Appointment of Stacey Seltzer to the Youth
Commission.
Recommendation: That the City Council approve the appointment of Stacey
Seltzer to fill the vacant seat on the Youth Commission for the remainder of
the term.
Item #11: Consideration of a Resolution Establishing the City"s Appropriation
Li mi t.
Recommendation: That the City Council adopt the Resolution by title only.
title as follows. establishing the City"s appropriation limit of $9.957.616.
RESOLUTION NO. 3373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE
CITY"S APPROPRIATIONS LIMIT FOR THE 1987-88 FISCAL YEAR.
Item ##12: Consideration of Part-Time Contract Building Inspection Services.
Recommendation: That the City Council retain Melad & Associates. 8907 Warner
Avenue. ##161. Huntington Beach. CA 92647. for part-time building inspection
services through June 30. 1988. at the rate and hours specified in the report.
Recreation & Park District Matters:
Item ## 13 : Consideration of a Resolution Establishing the Cypress Recreation
and Park District"s Appropriation Limit.
Recommendation: That the City Council. acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District. adopt the
Resolution by title only. title as follows. establishing the District"s
appropriation limit of $1,635.310.
RESOLUTION NO. 159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO
GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS. ESTABLISHING THE
CYPRESS RECREATION AND PARK DISTRICT"S APPROPRIATIONS LIMIT FOR THE
1987-88 FISCAL YEAR.
Regarding Item #1, Motion to Approve City Council Minutes of the Regular
Meeting of March 14. 1988 and the Adjourned Regular Meeting of March 15. 1988.
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16 (; Counc il Mi nutes March 28. 1988
and in response to Councilman Mullen. Councilman Kanel stated that the minutes
of March' 15. 1988 were acceptable. It was moved by Councilman Mullen and
seconded by Councilman Kanel to approve the Minutes of March 15. 1988 as
submitted. with Mayor Arnold abstaining on the March 15. 1988 Minutes due to
her absence at the meeting. The motion carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None If:";'^~
ABSENT: 1 COUNCILMEMBERS: Coronado
ABSTAINED: 1 COUNCILMEMBERS: Arnold
In regard to Item ##4. Consideration of Proclaiming April 1988 as "Cable
Television Month" in the City of Cypress. Councilman Davis questioned why we
would proclaim April as cable television month as it appears that we are
lending our support to the business and considered the request unusual. After
discussion. it was moved by Councilman Davis and seconded by Councilman Kanel
to officially proclaim the month of April 1988 as "Cable Television Month" in
the City of Cypress as requested. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Mullen. Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
ORDINANCES: (Second Reading)
It was moved by Councilman Mullen and seconded by Councilman Kanel to order
the following Ordinance read by title only. title as follows and to adopt the
Ordinance.
ORDINANCE NO. 795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION ""'-~1-
2-2.4 "AGENDA" OF THE CODE OF THE CITY OF CYPRESS. BY REPLACING SAID
SECTION WITH A NEW SECTION 2-2.4 "AGENDA" ESTABLISHING TIME FRAMES FOR
THE DISTRIBUTION AND ADDING OF ITEMS TO CITY COUNCIL AGENDAS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
EXECUTIVE SESSIONS: At 6:14 p.m.. Mayor Arnold called an Executive Session.
COUNCILMAN CORONADO ARRIVED AT 7:07 P.M.
Mayor Arnold called the meeting back to order at 7:29 p.m. with all
Councilmembers present and staff members Beardsley, DeCarlo. Eynon. Hurst.
Leonard and Lowenberg.
The City Manager recapped the actions taken by the City Council during the
5:30 portion of the meeting.
The Acting City Attorney summarized the discussions during the Executive
Session on Hollywood Park vs. City of Cypress. Orange County Case 530 851;
labor negotiations and real estate negotiations for the Cypress School
property. p'~"""'1f';
Mayor Arnold welcomed the citizens of Cypress to the first televised program
of the City Council meetings.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Mullen.
I PRESENTATIONS: Ms. Judy Gilbert. representing the Buena Park/Cypress/La Palma
Board of Realtors presented Shari Shovlin, D.A.R.E. Program, with a check for
$500.00 to aid the Program in its continuing fight against drugs.
ORAL COMMUNICATIONS: No Oral Communications were presented.
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City Council Minutes 187
March 28. 1988
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. CYPRESS: Mayor Arnold opened the public
hearing and the Planning Director stated that a letter dated March 28 was
received from the applicant requesting a continuance of 90 days.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue
this matter. Prior to completing the motion. the City Manager asked for a
specific date. The Planning Director asked that the City Council receive a
date from the applicant. who is in the audience.
Mr. Herb Andrews. 18025 Skypark East. Irvine. stated the executed statutory
form listed the specific Council meeting date of June 13. 1988.
Councilman Mullen included the date of June 13 in his motion. which was agreed
to by Councilman Kanel. 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. 88-5. LIQUOR
STORE AND DELICATESSEN WITH OFFSITE SALE OF GENERAL ALCOHOLIC BEVERAGES. 5531
LINCOLN AVENUE. CYPRESS: Mayor Arnold declared the public hearing open and
the Planning Director recapped the staff report dated March 22. 1988 which
represented a request by Jozsef Fekete to operate a liquor store and
delicatessen with offsite sale of general alcoholic beverages at 5531 Lincoln
Avenue. The proposal is for an upgrade of and a return to liquor sales
permitted as a nonconforming use prior to February 1987. and the addition of a
delicatessen.
Mr. Jozsef Fekete. 2561 Grove Street. La Verne, advised that he desired to
provide hot and cold sandwiches on a takeout basis, a European deli and he did
not wish to rely strictly on liquor sales.
Councilman Coronado expressed his opposition to the proliferation of liquor
stores on Lincoln Avenue; however. if the liquor sales will constitute only a
small percentage of the gross earnings and the store will be predominantly a
delicatessen. he might consider approval of the C.U.P.
Councilman Kanel exclaimed that he did not have any objection to liquor in the
store since historically it has been that way.
There were no other speakers in support or in opposition.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing and approve C.U.P. 88-5 subject to the ten conditions.
Councilman Kanel asked that a condition be imposed that a new sign. meeting
current code requirements. replace the existing sign. Councilman Mullen
concurred with the added condition.
Councilman Davis expressed his objection to the application because of the
proliferation of liquor stores on Lincoln Avenue. He stated there is a
distinct difference between beer and wine sales and general alcohol sales and
will oppose the application.
The motion failed by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Kanel and Mullen
NOES: 3 COUNCILMEMBERS: Coronado. Davis and Arnold
ABSENT: 0 COUNCILMEMBERS: None
The Acting City Attorney advised that the Council must now have a motion so
there is a denial of the application.
It was moved by Councilman Davis and seconded by Councilman Coronado to deny
the offsite sale of general alcoholic beverages. Councilman Kanel felt it was
unfair to the applicant to deny the request because the store historically had
that type of service and would vote On principal against the motion. Councilman
Coronado commented that the proliferation of the sale of alcoholic beverages has
to stop because it is giving Cypress a bad image. Councilman Mullen expressed
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lQj~ Council Minutes March 28. 1988
his concurrence with Councilman Kanel"s remarks. Mayor Arnold expressed her
agreement with Councilmembers Coronado and Davis and the problem of
proliferation of liquor sales.
It was moved by Councilman Davis and seconded by Councilman Coronado to adopt
the Resolution by title only. title as follows denying Conditional Use Permit
No. 88-5.
RESOLUTION NO. 3374
~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
CONDITIONAL USE PERMIT NO. 88-5 - WITH CONDITIONS.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado. Davis and Arnold
NOES: 2 COUNCILMEMBERS: Kanel and Mullen
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: DESIGN REVIEW COMMITTEE NO. 88-5 AND
PARCEL MAP NO. 88-116. CONSTRUCT AN OFFICE MANUFACTURING/ASSEMBLY. AND
WAREHOUSE BUILDING: AND DIVIOE ONE PARCEL INTO THREE. SOUTHWEST CORNER OF
CERRITOS AVENUE AND CAMDEN DRIVE. CYPRESS: Mayor Arnold opened the hearing
and the Planning Director summarized the staff report dated March 22. 1988
which represented a request to construct a two-story building for Proton Inc.
containing office. manufacturing/assembly and warehousing uses. With this
request is a parcel map to allow one parcel to be divided into three parcels.
The subject site is located at the southwest corner of Cerritos Avenue and
Camden Drive.
Councilman Coronado expressed his concern about the disposal of toxic wastes
and the Planning Director stated the company would have to meet the state
standards and could not dispose of wastes on the site or illegally.
Councilman Davis asked if there was an existing criteria where hours of
operation of loading docks are set and asked what type of manufacturing would [11I":<"'-";;6
be i nvo lved.
Mr. Guy Duerwald. Ware-Malcomb Architects. representing both Proton and
Overton. Moore & Associates. 18002 Cowan. Irvine remarked that the project has
been designed to be consistent with the buildings already constructed. He
further advised that the client is a high-end manufacturer of stereo
equipment, televisions. cassette players and audio speakers. Mr. Duerwald
stated that the manufacturing would consist of assembling television sets and
no toxic chemicals are involved.
Councilman Coronado asked Mr. Duerwald if there was an objection to the
addition of a condition that there will be removal from the premises of toxic
wastes if such ever takes place and the applicant replied in the negative.
The Planning Director read the condition that addressed Councilman Coronado's
concern, which read, "(37) No toxic. hazardous or industrial waste shall be
discharged from the site without a permit from the Orange County Sanitation
District. the Orange County Health Care Agency or the Orange County Fire
Department. On site storage of hazardous materials shall be regulated by the
Orange County Fire Department."
Mayor Arnold asked if there was any further public testimony.
Mr. James Heubach. 10419 Rexford Court. Cypress, stated he wanted some
assurance that residential streets would not be used as turnarounds for large .,.,.-:,.,~~\
trucks and a remedy for the inadequate left hand turn lane from Cerritos onto
Valley View.
After further discussion. the City Manager stated that when the streets are
completed within the industrial complex, it should eliminate the problem that
is being addressed by Mr. Heubach and it if doesn"t. he is encouraged to
return to the Council.
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Ms. Maryanne Jones, 6872 Jonathan Avenue. Cypress asked if the facility would
be more of a distribution center and if so. wanted the number of trucks coming
and going to be addressed. The City Manager stated that this is not to be a
distribution center and if the applicant wanted a distribution center, they
would have to come back to the City for further approval under a conditional
use permit, which may not be granted.
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City Council Minutes March 28. 1988189
Councilman Davis stated the building will have the impact of a distribution
center if they are assembling and moving a lot of product and a condition
should be inserted now. Councilman Mullen advised that the question was how
many trucks are going to be moving through the city. not whether it will be a
distribution center and a condition should be designed to provide the
protection. The Planning Director advised that she would prefer to meet with
the representative since he did not appear this evening because this has been
addressed through the restriction of hours of operation and also through the
number of trucks that can do a turnaround at each truck dock in a day.
Councilman Davis suggested a continuance in order for Staff to meet with the
applicant and obtain additional information.
There was no further public testimony.
It was moved by Councilman Davis and seconded by Councilman Mullen that the
application be continued to the meeting of April 11 with responses to the
concerns presented tonight. 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: SORRENTO RESIDENTIAL PLANNED COMMUNITY
SPECIFIC PLAN NO. 86-2. GENERAL PLAN AMENDMENT NO. 88-2. AND ZONE CHANGE NO.
88-2. SOUTH OF ORANGE AVENUE. BETWEEN MOODY AND DENNI STREETS. CYPRESS: Mayor
Arnold declared the public hearing open and the Planning Director responded to
questions from Council regarding required revisions and additional conditions
of approval to the Sorrento Specific Plan which were just received. The City
Manager advised that the City is limited to making a decision on this issue by
April 10 and if no decision is reached by April 10. state law dictates that
the project is approved as submitted. The Mayor explained that because of
the legal time constraints the City is under. there are certain ways that the
project has to be dealt with and so all options should be known. The options
are: 1) approve the proposed Specific Plan. General Plan Amendment and Zone
Amendment; 2) deny it through the public hearing process after all testimony
is heard; or 3) deny the Specific Plan, General Plan Amendment and Zone Change
without prejudice and then the procedure starts allover. The Planning
Director advised that there is a fourth alternative: the applicant could
withdraw the application and the City could withdraw the General Plan
Amendment and Zone Change that accompanied it then there would not be the
denial and refile. and would allow additional time.
The Planning Director provided the Council and audience with a review of time
frames and constraints. She also summarized the staff report dated March 25.
1988 which described the Sorrento Residential Planned Community Specific Plan
which is the result of numerous revisions and meetings held between staff. the
consultants and Cypress Homes. Inc. The proposed plan provides for
construction of 759 single-family homes to be phased over a period of
approximately five years. Three sizes of detached lots are offered in the
plan at an overall density of 5.3 dwelling units per gross acre.
Councilman Kanel stated there are a lot of people concerned about this
development and the developer has responded at the last minute with changes.
The City Manager advised that there have been a number of circumstances that
have created this situation: Cypress Homes involved the community for their
input. resulting in substantial changes to the project. which were largely
made to address the concerns of the community. He stated after the changes
were made. there wasn"t sufficient time to review the new plan and submit the
staff comments in advance of the hearing. Councilman Kanel asked if the
design changes in the development plan were made by the citizen committee or
the developers. Mayor Arnold explained that Cypress Homes accepted
information from the committee and used the input in order to have direction.
She further advised the project is not designed by the committee. it is
designed by Cypress Homes; therefore. it is very important to hear comments
from the audience. Councilman Coronado commented that the committee was not
empowered by the City Council to represent the City and met with the developer
at their volition. Councilman Davis exclaimed that there will be additional
public testimony at this hearing, and the developer has more work to do on the
project. Councilman Mullen stated that the issue has not reached the point
where the Council could make a decision tonight and there will be some type of
continuance, but it is important that the public input be received.
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19Qity Council Minutes March 28. 1988
Mayor Arnold invited the applicant to the podium.
Mr. Dave Langlois. President of Cypress Homes. apologized for the dilemma that
existed and stated he has no problem with a continuance. He then showed a
slide presentation tracing the evolution of the original plan to what is being
proposed now. which incorporates some of the suggestions offered by the
community. Mr. Langlois advised that the revised plan has increased lot and
home sizes. -
Mayor Arnold asked if anyone wished to speak in support of the project.
Mr. Alan Lavalle. 5501 Lime Avenue. Cypress. expressed his support of the
project but had some concerns about: toxic wastes. sulfites. extended
warranties. priority purchase for Cypress residents and ten foot side yards.
He further stated he is on the waiting list to purchase a home.
Mr. Bob Kingsbury. 4117 Avenida Sevilla. Cypress. expressed his disappointment
over the lack of townhouses in the development. He stated he was advised
Cypress Homes is a fine builder and he was delighted the tank farm had been
removed.
Ms. Michelle Moore. 6633 Fichot Way. Cypress. advised of her support for the
Fieldstone development concept. would like to continue living in Cypress and
urged the Council to accept the proposal as presented.
Mr. Steve Robbins. 6172 Rosemary Drive. Cypress. was a member of the citizens "
committee. stated that the cost of the homes is going up and declared his
support of the proposal as presented.
Ms. Fran Shermet. 9525 Normandy Way. Cypress. served on the citizens"
committee. believed the tract was well planned. was in favor of the
development and was impressed with the builder"s willingness to meet with the
citizens. iW""'''l!U
Councilman Coronado expressed concern that the developer is being requested to
continually make changes. which are very expensive.
Responding to Councilman Kanel. Ms. Shermet stated that Cypress does not need
any more townhouses. we have enough.
Mr. Andrew R. Dailey. 5373 Oxford Drive. Cypress. commended the people who
served on the citizens committee.
Mr. Gordon Mullens, 9340 Pecan Street. Cypress, conveyed that he is a
subcontractor for the developer and that Fieldstone is the premiere builder in
Orange County and urged proceeding with the project.
Mr. Tim Flaming. 5393 Vista Hermosa, Cypress. believed that Fieldstone was a
builder of integrity, appreciated their willingness to negotiate with the City
staff and they are working very hard to satisfy the concerns of the community.
He further advised he does not want to make it economically infeasible for
them to develop the property and asked that the project proceed as expediently
as possible.
Mr. Bill Calton. Superintendent of the Cypress School District. 9470 Moody
Street. Cypress, informed the Council that the school district and Cypress
Homes have entered into a written agreement that provides for school
facilities satisfactory to Cypress School District for all elementary grade -
students generated by the development. He urged the Council to include in any
agreement between the developer and the City a condition that the developer
will provide school facilities satisfactory to Cypress School District for all
kindergarten through 6th grade students generated by this project in event the
required conditions are not met.
, Ms. Christine Swain, 5362 Crescent Street, Cypress, expressed her support of
the plan and urged expediency in its development.
Mayor Arnold asked if anyone wished to speak in opposition to the project.
Ms. Gail Kerry. 5196 Edgemont Circle. Cypress. stated that she had no
financial or business ties with the developer, read her speech and provided
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City Council Minutes March 28. 1988 191
,
Council with a copy. She further voiced several concerns she had with the
proposed development and urged the Council to vote the way the citizens would
want them to vote.
Mr. Bob Solheim. 9572 Sonwell Place. Cypress. expressed his concerns about the
development. complimented Cypress Homes in their willingness to involve the
citizens of the community in discussions and provided his input on the
additional changes he felt were needed. He also read a letter from Robert and
Martha Prowell. a copy of which was provided to the Council. who opposed a
rezoning of the tank farm property. Mr. Solheim read his letter opposing
rezoning. presented a copy to the Council and urged the Council to continue
this application and not rush into any decision.
Mr. Bob Erickson. 9144 Evergreen Drive. Cypress. read a letter from Mr. Bruce
Seaton opposing the rezoning proposal and high density. Mr. Erickson also
expressed his desire in keeping the zoning at RS-6000 and listed several other
concerns. He suggested the Council approve a denial without prejudice so this
issue can be studied in more detail.
Mr. Michael Scully. 9398 Danbury. Cypress, advised of Council of some problems
he foresaw. which are: the number of access roads. traffic noise near the
collector road. park location and suggested continuing this matter.
Mr. Bob Bess. 9682 Salisbury Lane, Cypress. advised that he does like open
areas. and is not looking forward to the development because of traffic
congestion. overcrowding of secondary schools. and the zoning change to a
higher density.
Mr. Larry Webker. 8661 Acacia Drive. Cypress, expressed his concern about the
home prices. large lots and the lack of single story homes.
Ms. Judy Gilbert. 5791 Roxbury Court. Cypress. stated there is a high demand
for larger lots. encouraged no zone change and advised that nobody wants the
higher density in that area. She was in favor of the development by Cypress
Homes. but with lots of at least 6000 square feet.
Ms. Joyce Nicholson. 6045 Jeffrey Mark. Cypress. discussed the on street
parking problems with the smaller lot sizes. is in favor of Fieldstone
developing the property and there is a market for the larger lot sizes. She
recommended that the City Council deny the Specific Plan without prejudice and
allow the developer to return with a redesigned plan.
Mr. Joseph Frieda. 4473 Via Linda. Cypress. expressed opposition to the
development because of the high density and the location of the park.
Ms. Alice Rogers. 4219 Dover Circle. Cypress. stated she was in support of
slow growth. spoke of the many deviations from the General Plan. which
originally was a very good plan but it has been deviated from enough and
suggested the lot size in the tank farm development remain at 6000 square
feet.
Ms. Jane Wozniak. 4480 Avenida Granada. Cypress. complained that the citizens
were not notified. the developer knew what the property was zoned for when
purchased and advocated the larger lot size.
Mr. Sam Wyman. 9396 Fernbury. Cypress. spoke against the high density and
opted for more green space.
Mr. Emil Sims. 4841 Ashbury Avenue. Cypress. voiced his opposition to the
location of the Orange Avenue exit from the development which would add to the
traffic in the neighborhood.
Ms. Loretta Callender. 9408 Danbury Street. Cypress. remarked that lower
priced homes should be made available for the younger people.
Ms. Maryanne Jones. 6872 Jonathan. Cypress. opted for 6000 square foot lots
and asked who would be responsible if lawsuits arose in the future.
Mr. Langlois of Cypress Homes, stated he believed they had attempted to
provide a broader range of housing needs within the City and will defer his
comments on the less important and technical issues to the next meeting.
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19~ty Council Minutes March 28. 1988
Responding to Councilman Coronado. Mr. Langlois felt they were proposing a
minor increase in the density and giving the City. the school district and the
residents a much better plan than under the conventional zoning. He also
stated that Cypress Homes could develop the property and realize a profit
under the existing zoning.
Councilman Kanel advised that this was a dilemma for the Council and with the
amount of controversy on this development. he suggested a continuance of this
matter because more dialogue and conversation are needed; however. there is -
the question of the time limits.
Councilman Mullen asked the applicant if he would consent to withdrawing of
the application without prejudice so the Council would not have to deny
without prejudice and return to the City with an alternative proposal.
Mr. Langlois agreed to withdraw his application and felt that approximately 30
days would be sufficient time to submit a new proposal.
Councilman Coronado stated that the majority of the people supported the RS-
6000 zoning maintenance. He suggested that there might be an alternative that
the developer could offer.
After further discussion. Councilman Kanel suggested a committee consisting of
two members of the City Council. the City Manager. City Attorney. members of
the Planning Department talk with Cypress Homes. Councilman Mullen expressed
his opposition to a committee of Council; however. he would support a
committee of citizens.
Mr. Langlois stated he intended to withdraw his application for the Specific
Plan.
The Acting City Attorney responded that the City Council has indicated they
have no objection to the withdrawal and if it is effectuated tonight. he
suggested that the Council also withdraw the zone change and general plan ~
process so the entire matter will be subject to a new filing.
The City Manager requested a recess before a formal motion was presented.
RECESS: Mayor Arnold recessed the meeting at 11:30 p.m. The meeting called
back to order at 11:40 with all Councilmembers.
The City Manager suggested. because of previous problems with time limits and
constraints. allowing sufficient time to complete the process and not set a
specific date then return to Council when appropriate. He also asked that the
since the applicant has agreed to withdraw. the filing fees be waived and not
require full payment on the resubmittal application.
Responding the Councilman Kanel, the Acting City Attorney advised that the
public hearing be closed. that a written application requesting withdrawal of
the Specific Plan had been received and reviewed. After the close of the
public hearing, by motion, accept that withdrawal of the Specific Plan and
include in the motion the withdrawal of the City's initiation of the Zone
Change and the General Plan proceedings and waive the reapplication fee.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing. accept Cypress Homes withdrawal of their Specific Plan,
withdraw the City-initiated General Plan Amendment and Zone Change and waive
the reapplication fee. 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
COUNCILMAN CORONADO LEFT THE MEETING AT 11:45 P.M.
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-6. SIGN WITH OFF-PREMISE
ADVERTISING. 5351 LINCOLN AVENUE. CYPRESS: The Planning Director presented
the staff report dated March 22. 1988 which represented a request by Lowell
Berwick to place a 117 square foot, 24.5 foot high pole sign on his property
at 5351 Lincoln Avenue. A portion of the space on the sign would be utilized
by an off-premise mini-warehouse business proposed for 8882 Watson Street.
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City Council Minutes 193
March 28. 1988
Councilman Davis stated his concern' was the change in the size of the sign.
He further stated we are working diligently to improve Lincoln Avenue and cut
back on plans and codes that don"t fit today"s standards and the other issue
is the color scheme and he would support the staff recommendation.
Mr. Lowell Berwick. 5351 Lincoln Avenue. Cypress advised that the sign is
almost completed. he would meet the staff recommendation and the color of the
sign seems to be the question. He further stated that he also wants to see
improvements on Lincoln Avenue and did not want to distract from his business
or Lincoln Avenue.
Councilman Davis explained that he would accept the size of the sign since it
is virtually completed; however. the other issue is the color of the sign
facings and his feeling is to apply the standard.
Mr. Berwick advised that he would accept the standard.
Councilman Mullen commented that he felt a contrast in color was needed in
order to delineate the three businesses advertised on the one pole sign.
Mayor Arnold supported Councilman Davis comments and felt caution was needed
in what kind of signage was used on Lincoln Avenue and appreciated Mr.
Berwick"s willingness to modify the sign.
Mr. Joe Oddo. 8425 Gay. Cypress, contractor and one of the designers of the
sign, commented that there were some misunderstandings but most of it has been
worked out. He stated the sign is not done in a gaudy fashion. the colors are
very pleasant and the application was accepted by the Planning Department and
he wondered why the change at this time.
The Planning Director advised the Council she was just informed that the
Planner did give the applicants permission to use the colors in question.
Mr. Berwick stated, for the record. that if the panel looks that bad. we"ll
change it.
It was moved by Councilman Kanel and seconded by Councilman Davis to approve
the sign as submitted. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Mr. Hans Mroch. 9927 Via Linda. Cypress. remarked that all the streets have
been repaved except Granada and Via Linda and wanted to know why they hadn't
been repaved. The Public Works Director will respond to Mr. Mroch"s question.
CONSIDERATION OF PUBLIC HEARING RE: CONTINUATION OF AN URGENCY ORDINANCE
EXTENDING A ZONING MORATORIUM ON HOTELS/MOTELS IN THE CH-I0.000 COMMERCIAL
HEAVY ZONE: Mayor Arnold opened the hearing. The City Manager presented the
staff report dated March 17. 1988. which indicated that the current 10 month
and 15 day extension of the 45-day moratorium on hotel/motel uses in the CH-
10,000 Commercial Heavy zone will expire on April 10. 1988, unless extended by
the Council for an additional one year period.
The Planning Director explained that this process had grown because of the
Lincoln Avenue Town Hall meetings and from that became an item that was not
just hotel/motels but all development on Lincoln Avenue and the involvement of
the Chamber of Commerce.
Mayor Arnold asked if anyone wished to speak in support of or opposition to
the Ordinance. No one wished to do so.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing and to order the following Ordinance ready by title only.
title as follows and to adopt the Urgency Ordinance extending the moratorium
on hotel/motel uses in the CH-I0,000 zone for a period of one year.
. ,..
!
19~ Council Minutes March 28. 1988
ORDINANCE NO. 796
AN ORDINANCE OF THE CITY COUNtIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 773 ENACTING A ZONING MORATORIUM ON HOTELS/MOTELS IN THE
CH-I0.000 COMMERCIAL HEAVY ZONE BY EXTENDING THE TERM FOR A PERIOD OF
ONE YEAR.
The motion unanimously carried by the following roll call vote:
-
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Due to the lateness of the hour and with the consent of the Council. Mayor
Arnold continued the following Agenda items to Tuesday. March 29. 1988 at 7:00
p.m.
Consideration of Public Hearing Re: Weed Abatement Program for 1988
Continuation of Consideration of Neon Illumination for Signs and
Building Elevations in the City of Cypress.
Continuation of 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
Entities.
Consideration of Request for a Donation from the Cypress High School
Band & Pageantry Boosters.
Consideration of Adoption of a Resolution Establishing Salaries and
Working Conditions for City Employees Represented by the Cypress Public
Safety Employees" Association
~
Consideration of City of Cypress Classification Study.
Consideration of Reestablishment of the City's Planning Commission.
Consideration of Employment List - Risk Management Technician.
Consideration of Adopting a Resolution for Property Tax Redistribution
for the Proposed Annexation Area North of the City Boundary and South of
the Railroad Tracks.
Consideration of Appointment for Cultural Arts Commission.
Consideration of Approval of Commercial Warrant List for Warrants No.
25377 - 25686.
Consideration of Waiver of Fees for an Event at the Community Center.
Consideration of Proposed new Fee Increases for Day Camp and Summer
Aquatics.
Cypress Redevelopment Agency matters.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 12:00 a.m.
~1<~p~/ -
ATTEST:
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CITY CYPRESS
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