Minutes 88-04-25
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HINUTES OF A REGULAR MEETING 209
OF THE CYPRESS CITY COUNCIL
HELD
April 25, 1988
The regular meeting of the Cypress Cify Council was called to order at 5:35
p.m. on Honday, April 25, 1988, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Hayor Hargaret Arnold presiding.
PRESENT: Councilmembers Davis, Hullen and Arnold
ABSENT: Councilmembers Coronado and Kanel
Also present were City Manager/City Clerk Darrell Essex and City Attorney
Jerry Patterson.
COUNCILHAN KANEL ARRIVED AT 5:36 P.M.
ORAL COMHUNICATIONS: There were no oral communications.
CONSIDERATION OF AWARD OF ANNUAL CONTRACT FOR THE MAINTENANCE OF TWO (2)
POLICE HOTORCYCLES: V.I.P. Motorcycles is the closest factory authorized
service center to the City of Cypress. They have ready access to all parts,
trained mechanics and will offer the City of Cypress a 201 discount on all
parts.
It was moved by Councilman Hullen and seconded by Councilman Davis to award an
annual contract for the maintenance and repair of City owned motorcycles to
V.I.P. Motorcycles, 7241 Orangethorpe Avenue, Buena Park, CA 90621 for the
period May 1, 1988 through April 30, 1989. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILHEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 1 COUNCILHEHBERS: Coronado
CONSIDERATION OF RETENTION OF PROFESSIONAL BUILDING PLAN CHECK SERVICES: In
June 1987, the Department of Public Works/Building Division sent out requests
for proposals for structural plan check services to numerous, qualified
engineering firms and proposals were received from six firms.
It was moved by Councilman Hullen and seconded by Councilman Kanel to (1)
retain Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach,
CA for structural plan checking services for the Public Works Department,
Building Division for an initial two year period ending April 25, 1990, and
(2) that the Mayor and City Clerk be authorized to execute the agreement;
however, this item was continued to a time later in the evening when staff is
present to answer questions posed by Councilman Davis.
CONSIDERATION OF EXTENSION OF PARKING CITATION MANAGEMENT PROGRAM CONTRACT:
On April 14, 1987, Vertical Management Systems (V.M.S.) was awarded the
Parking Citation Management contract, which was purchased by Computil
Corporation. The existing conditions of the contract and cost structure
remained the same.
It was moved by Councilman Mullen and seconded by Councilman Davis to extend
the present Parking Citation contract with Computil Corporation, 18700 Beach
Blvd., Suite #110, Huntington Beach, California 92648, at the cost of $.78 per
citation on a month-by-month basis starting May 1, 1988, until such time as
the best option can be presented to Council but not to exceed November 1,
1988. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILHEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR 5K/I0K RUN T-SHIRTS. REQUEST FOR
QUOTATION #8788-41: Twelve bids were received by the Purchasing Officer on
April 5, 1988.
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City Council Hinutes April 25', 1988
:!~Pwas moved by Councilman Davis and seconded by Councilman Hullen that the
City Counc,il acting as the ex officio governing Board of Directors of the
Cypress Recreation and Park District accept and award the contract for the
5K/10K Run T-shirts to Program Designs, P.O. Box 4324, Huntington Beach CA
92605 in the amount of $4,771.86. The motion unanimously carried by th;
following roll call vote:
AYES: 4 COUNCILHEMBERS: Davis, Kanel. Mullen and Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 1 COUNCILHEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR FIREWORKS TO BE USED FOR THE JULY 4TH ,"",.,
CELEBRATION: At the City Council meeting of Harch 14, 1988, staff was
directed to solicit request for proposal bids from pyrotechnic vendors for the
first annual July 4th Fireworks Celebration co-sponsored by the Cities of
Cypress and Los Alamitos.
It was moved by Councilman Davis and seconded by Councilman Mullen that the
City Council acting as the ex officio governing Board of Directors of the
Cypress Recreation and Park District accept the bid from Pyro-Spectacular,
P.O. Box 2329, Rialto, CA 92376 and award a contract in the amount of
~8,OOO.OO for the First Annual July 4th Fireworks Celebration. Counci lman
Kanel asked the type of program that was going to be presented before and/or
after the fireworks display and suggested letting officials from the
participating cities join in planning the celebration. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEHBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR SEVEN CONCRETE WASTE CONTAINERS.
REQUEST FOR QUOTATION #8788-42: Two bids were received by the Purchasing
Officer on April 7, 1988.
It was moved by Councilman Mullen and seconded by Councilman Davis that the
City Council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, award the contract for seven exposed
aggregate concrete form waste containers to the lowest bidder, Wausau Tile,
Inc., P.O. Box 967, Banning, CA 92220 in the amount of $2,715.72. 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
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.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the Consent Calendar Items #7 through #21. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNClLMEMBERS: Coronado
Item #7: Motion to Approve City Council Minutes of the Regular Meeting of
April 11, 1988.
Recommendation: That the City Council approve the Minutes of April 11, 1988,
as submitted, with Councilman Coronado abstaining due to his absence at the
meeting.
Item #8: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #9: Consideration of Proclaiming May 1, 1988, as "Voter Registration
Day."
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Recommendation: That the Mayor and City Council officially proclaim Hay 1,
1988, as "Voter Registration Day" in the City of Cypress.
Item ##10: Consideration of Monthly Investment Program for the Month of March
1988.
Reconwnendation: Receive and file.
Item ##11: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Jang Soo and Young Sin Kim. D.B.A. T.J. 's, 4502 W. Lincoln,
Cypress.
Recommendation: Receive and file.
Item ##12: Consideration of Proclaiming May 18, 1988, as "Transit Appreciation
Day."
Recommendation: That the Mayor and City Council officially proclaim May 18.
1988, as "Transit Appreciation Day" in the City of Cypress as requested.
Item ##13: Consideration of Resolution of Intention to Amend the PERS Safety
Retirement Plan to Provide Section 21380.87 (1959 Survivor Benefits),
Including 21382.4 (Third Level of 1959 Survivor Benefit).
Reconwnendation: That the City Council: 1) Adopt the Resolution of Intention
by title only, title as follows, approving the Amendment of adding the 1959
Survivor Benefit - Level 3 to the City's PERS Contract with its Safety
employees (2% at 50 formula); 2) Authorize the Mayor, on behalf of the City
Council, to enter into an agreement with PERS, authorizing the release of the
1959 Survivor Benefits assets and liabilities into the Third Level 1959
Survivor Benefit pool.
RESOLUTION NO. 3382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS
INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF CYPRESS.
Item ## 14: Consideration of Change Order No. 1 to Community Development
Project, 12th Year Program, Danny Avenue Improvements, City of Cypress Project
No. 8681-10.
Recommendation: Receive and file.
Item ##15: Consideration of Proclaiming April 24-30, 1988, as "Consumers
Week."
Recommendation: That the Mayor and City Council officially proclaim April 24-
30, 1988, as "Consumers Week" in the City of Cypress.
Item ##16: Consideration of Support of Councilwoman Clarice Blamer of the City
of Brea for Appointment to the Orange County Transportation Commission.
Recommendation: That the City Council authorize the Mayor to support the
reappointment of Councilwoman Clarice Blamer to the Orange County
Transportation Commission, which will be considered at the Orange County City
Selection Committee meeting on May 12, 1988.
Item ##17: Consideration of Promotional Employment List - Public Works
Maintenance Supervisor.
Recommendation: That the City Council certify the Promotional Employment List
for the position of Public Works Maintenance Supervisor as submitted.
Item ##18: Consideration of Contract Amendment With Signal Maintenance, Inc.,
for Traffic Signal Maintenance Services, City of Cypress Project No. 8534-50.
Recommendation: That the City Council approve: 1) An Amendment to the
current contract with Signal Maintenance, Inc., to provide for the
installation of inductive loops under routine maintenance and repairs in the
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amount of $235.00 per loop; and 2) the requested rate increase of six percent
(61) to cover routine and extraordinary maintenance.
Item ##19: Consideration of Resolution Supporting Proposed Legislation for
Congressional Authorization to Line Portions of the All American Canal and the
Coachella Branch.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, supporting proposed legislation to line portions of the All
American Canal and the Coachella Branch for water conservation.
RESOLUTION NO. 3383
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING
PROPOSED LEGISLATION FOR CONGRESSIONAL AUTHORIZATION TO LINE PORTIONS OF
THE ALL AMERICAN CANAL AND THE COACHELLA BRANCH.
Item ##20: Consideration of Proclaiming May 7, 1988 as "Cub Reporter Day."
Recommendation: That the Mayor and the City Council officially proclaim May
7, 1988, as "Cub Reporter Day" in the City of Cypress.
Item ##21: Consideration of a Resolution Making Certain Findings in Connection
With an Industrial Disability Retirement Claim Filed by Hugh J. Patty.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, setting forth the findings of the City that the industrial
disability retirement application filed by Police Agent Hugh J. Patty be
denied.
RESOLUTION NO. 3384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CERTAIN
FINDINGS IN CONNECTION WITH A CLAIM FOR INDUSTRIAL DISABILITY
RETIREMENT.
EXECUTIVE SESSION: At 5:44 p.m., Mayor Arnold adjourned the meeting to an
Executive Session to discuss matters of litigation and personnel.
COUNCILMAN CORONADO ARRIVED AT 6:34 P.M
The meeting reconvened at 7:41 p.m. with all Councilmembers present and staff
members Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
The City Attorney summarized those items discussed in the Executive Session
which included salary negotiations and litigation involving the City of
Cypress and Hollywood Park Enterprises, Inc. The Council authorized the
retention of the law firm of Ball, Hunt, Hart, Brown and Bierwitz with Hr.
Charles Greenberg to be co-counsel along with the City Attorney in the
Hollywood Park litigation.
In regard to Consideration of Retention of Professional BuildinQ Plan Check
Services, Councilman Davis asked why the recommended approval was Helad and
Associates whose plan check fee was 51 higher than two of the other
respondents. The Public Works Director responded that the selection process
independently evaluated their technical qualifications apart from compensation
and Malad and Associates was recommended for prior service and their
professional reputation. Councilman Davis asked that in the future, the
Council be provided with a estimate of what the 51 difference will be over the t'P'''',,",
period of the contract. The motion had previously been moved and seconded and
was unanimously carried by the fOllowing roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
Councilman Coronado abstained because he was not present for the full
discussion of the item.
PLEDGE OF ALLEGIANCE: Councilman Coronado led the pledge to the flag.
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ORAL COHMUNICATIONS: Hs. Christine Klima, Forest Lawn Memorial Park, 4471
Lincoln Avenue, Cypress, asked that ,the item on designations of land uje
classifications for a portion of Forest Lawn Hortuary property be moved
forward because it was brief.
The City Manager recapped the Council actions taken on the 5:30 portion of the
Agenda.
CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDHENT NO. 88-4 AND ZONE
CHANGE NO. 88-4, DESIGNATION OF LAND USE CLASSIFICATIONS FOR A PORTION OF
FOREST LAWN MORTUARY PROPERTY WHICH WAS ANNEXED INTO THE CITY OF CYPRESS ON
JANUARY 20, 1988: Mayor Arnold declared the public hearing open. The
Planning Director summarized the staff report dated April 15, 1988, which
indicated the proposed General Plan Amendment and Zone Change would simply
designate the residual parcel to be consistent with the existing Forest Lawn
Mortuary land use designations of PS Public and Semi-Public.
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 Hullen and seconded by Councilman Kanel to adopt
the Resolution by title only, title as follows approving General Plan
Amendment No. 88-4 and approve the first reading of the Ordinance by title
only, title as follows, approving Zone Change No. 88-4.
RESOLUTION NO. 3385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
GENERAL PLAN AMENDMENT NO. 88-4.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 640, BY PLACING A CERTAIN PARCEL OF LAND IN THE PS PUBLIC
SEMI-PUBLIC ZONE, KNOWN AS ZONE CHANGE NO. 88-4.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Hullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDHENT NO. 88-1 AND ZONE
CHANGE/PRE-ZONE NO. 88-1, AREA NORTH OF THE CYPRESS CITY BOUNDARIES AND SOUTH
OF THE lA PALMA CITY BOUNDARIES: The Mayor opened the public hearing. The
Planning Director recapped the staff report dated April 19, 1988, which
indicated that at the March 14, 1988 City Council meeting, many questions were
raised by citizens of the County unincorporated area regarding the proposed
annexation, pre-zoning and General Plan Amendment and staff has attempted to
address each of the concerns expressed by the citizens and summarized the
areas of major condern.
At the Mayor's request, the Planning Director read names and comments just
received into the record.
The City Hanager explained that if the Council desired, staff could
investigate the standards that would be required to adopt an overlay zone
dealing with the animal issue. He further advised that there is no
requirement that the pre-zoning be adopted before the annexation. The City lS
pre-zoning so the people will know what the zoning and land use issue would be
prior to the annexation so they can determine whether they are in favor or not
in favor of the annexation.
Responding to Councilman Davis, the City Manager answered that if the property
is pre-zoned there is a commitment until annexation occurs and then it could
be reconsidered. Councilman Coronado stated we do not know whether the
majority of the people in the area are really in favor of joining the City of
Cypress. The City Attorney advised that state law governs how annexations
work and allows people to come forward so the first phase is pre-zoning and
the very purpose is to file protests and if a majority protest then the
annexation cannot proceed.
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Planning Staff Member Cary Abbott informed Council that the residents can file
a petition prior to the close of the public hearing or voice their opinion at
the public hearing verbally or in a written protest.
The City Manager explained the difference in the two proceedings and protests
are made either before the LAFCO hearing or a protest hearing before the City
Counc il in June.
In response to a question posed by Councilman Kanel, the audience indicated
that they were most concerned about retaining their animals. He stated. for
the record, that since this is an older area, with animals, we need not be as
stringent with some of the restrictions. He commented that we are attempting
to provide a solution that is workable and peaceful for everyone and perhaps
the residents will see some advantages to coming into the city.
Mayor Arnold advised that the Council is very concerned about doing what is
fair. to be sure all comments have been heard and we are following established
procedure to determine the zoning.
Mayor Arnold asked if anyone wished to speak in favor of the pre-zoning plan.
Mr. Hal Duensing, 8233 Carob Street, Cypress, noted that the environmental
statement had been expanded to address circulation and transportation issues
that were raised. He appreciated that Gem Street will remain closed and
thanked the staff and Council for its courtesy and asked that the circulation
element be included in the overlay zone.
Mr. Ben Walters, 4451 Crescent Avenue, Cypress, commented that some of the
existing zoning doesn't make sense. He also spoke about some of the unsightly
areas in the neighborhood and the county has not done the job it is being paid
to do.
Ms. Yolanda Gonsalves, Realtor, referred to the Hatanaka property and stated
that one of the things being overlooked is the first time home buyer and asked
consideration be given to affordable housing options such as condominiums.
Mr. Clyde B. Smith, 4461 Crescent Avenue. Cypress, expressed his desire to
remain with the county.
Mr. Jess Black, 5422 DeLong Street, Cypress, stated he was in favor of the
zoning changes, becoming part of the City of Cypress and suggested providing
the overlay zoning to allay some fears.
Mr. Raymond Hamilton, 4861 Camp Street, Cypress, spoke in favor of annexation
and approved of the pre-zoning changes.
Mayor Arnold asked if anyone wished to speak in opposition to the pre-zoning
changes.
Mr. Edward I. Mulsberg, Crescent and Gay, Cypress, stated he has a kennel
license and is opposed to the pre-zone change and annexation.
Mr. John Marcroft, 8291 Gay Street, Cypress, expressed his opposition to the
pre-zoning changes.
Mr. Floyd Osborn, Denni Street, Cypress, stated that there is no protection
with the County and spoke in favor of annexation by the City.
Ms. Gail Simonz, 8162 Gay Street, Cypress, stated she was not for the pre-
zoning changes and wants an overlay or amendment concerning the farm animals.
Ms. Barbara Yanozakos, 8381 Denni, Cypress, would be in favor of the pre-zone
changes with an overlay.
Mr. Paul Carder, 8771 La Salle Street, asked about street improvements if the
county property were annexed by the City of Cypress.
Ms. Gail Kerry, 5196 Edgemont Circle, Cypress. asked whether some changes to
lower density could be made in the pre-zoning plan to reduce the environmental
impact of school students and traffic.
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City Council Hinutes Apri 1 25, 1988
Ms. Amber Rodriguez, 8422 Gay Street. Cypress, commented she was against the 215
pre-zone change because she wanted to purchase a horse in the future.
Ms. Florence Tanaka, representing her parents at 4541 Crescent, Cypress,
expressed her desire to have the present RS-6000 increased to the medium
density recommendation and was in favor of the pre-zoning changes.
Mr. Richard Tanaka spoke in favor of the pre-zoning changes and the
opportunity for more revenues for the City of Cypress.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing. Councilman Davis asked if it were possible to move on the
pre-zoning issue which would allow the people to determine how they will be
impacted, and then receive their input.
The City Manager explained the several options that the Council could take on
the pre-zoning changes.
The City Attorney suggested that the motion to close the public hearing be
withdrawn and action taken on the Negative Declaration and the General Plan
Amendment. He further advised the zoning change portion of the public hearing
be continued to a date when the staff can produce the overlay and take into
consideration the comments made this evening.
Councilman Mullen agreed with the City Attorney's suggestion not to designate
zoning until after the annexation and then do so in public hearing. He
further advised that he would support approving the General Amendment, the
negative declaration and the continuance of the hearing on the zone change
giving staff an opportunity to bring back the recommendation for overlay zones
and RM properties not specifying densities until after annexation. Councl lman
Davis agreed and suggested that the pre-zoning not take place at this time.
Councilman Coronado stated that the people have not had a say on this issue as
yet, he would like to hear from the people and he will refrain from taking any
vote whatsoever on this issue until the people tell him they do or do not wish
to be part of the City of Cypress. Councilman Kanel advised that the proper
procedures are being followed in timing factors as to annexation and that the
animal question appears to be the biggest issue. He expressed his concern
over the General Plan Amendment's consistency with the General Plan. The City
Attorney advised if the area becomes part of the City, it is the City's
responsibility to assure that the zoning is consistent with the General Plan.
Councilman Kanel stated that if the county area comes into the City, we will
do everything possible for those people to retain their larger lots and their
animals. Councilman Mullen remarked that he has no intention of forcing an
annexation on any area where the people don't want to be annexed and there
will an opportunity for the people to decide whether they want to be a part of
Cypress.
It was moved by Councilman Mullen and seconded by Councilman Davis to certify
the Negative Declaration in accordance with the requirements of the California
Quality Act; adopt General Plan Amendment Resolution by title only, title as
follows, amending the Land Use Element of the Cypress General Plan; continue
the public hearing on Zone Change No. 88-1 amendment to the Zoning Ordinance
to May 23, 1988 to allow staff an opportunity to return with recommendations
on an overlay zone and more flexibility in densities so they can be decided
after the public hearings. The City Manager announced that if anyone has
concerns in the multiple density zoning classification, please contact the
Planning Department and the various conditions and requirements will be
explained. Councilman Coronado advised that he would abstain until he saw
numbers indicating support or opposition to this issue and then he would vote.
RESOLUTION NO. 3386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
GENERAL PLAN AMENDMENT NO. 88-1.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
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RECESS: Mayor Arnold recess the meeting at 9:30 p.m. The meeting was
reconvened at 9:46 p.m. with all Councilmembers present.
CONTINUATION OF PUBLIC HEARING RE: DESIGN REVIEW COMHITTEE NO. 88-5 AND
PARCEL MAP NO. 88-116. CONSTRUCT AN OFFICE HANUFACTURING/ASSEHBLY. AND
WAREHOUSE BUILDING: AND DIVIDE ONE PARCEL INTO THREE. SOUTHWEST CORNER OF
CERRITOS AVENUE AND CAMDEN DRIVE: Hayor Arnold declared the public hearing
open. The Planning Director recapped the staff report dated April 15, 1988
which indicated that the City Council requested the continuation of this item
in order to address concerns about the warehouse use, hours of operation,
number of trucks per day and toxic hazardous waste.
No one wished to speak in support of or opposition to the application.
Responding to Councilman Kanel, a representative of Proton stated that this
facility would be Proton's Corporate Headquarters and there were no hazardous
chemicals used in their manufacturing operation.
It was moved by Councilman Hullen and seconded by Councilman Davis to close
the public hearing, certify the Negative Declaration, adopt the Resolution by
title only, title as follows approving Design Review No. 88-5 and Parcel Hap
No. 88-116 subject to staff's original conditions and the three additional
conditions outlined in this report.
RESOLUTION NO. 3387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 88-116 - 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
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CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-6. LIQUOR
STORE. 11741 VALLEY VIEW STREET: Mayor Arnold opened the public hearing. The
Planning Director summarized the staff report dated April 15, 1988 which
represented a request to locate a liquor store in the Valley View Retail
Center under construction at 11741 Valley View Street.
Hayor Arnold invited the applicant forward.
Mr. Hamid Nassari, 657 North Milford Avenue, Orange, representing the
applicant, stated they accepted all the conditions presented by staff and
there is sufficient parking available in the Center.
Mr. Yussef Abrahim, the broker representing the developer, Snyder Commercial
Real Estate, 6401 East Katella Avenue, Suite 300, Anaheim, had provided a plan
map of the center showing three driveways for ingress and egress for truck
delivery. He further advised that there were four leases that were contingent
upon the convenience market being approved for the center.
Mayor Arnold asked if anyone wished to speak in support of or opposition to
the application. No one wished to do so.
Councilman Coronado noted that he had listened to the tape of the previous
discussion on this item and would make his comments after the motion was made.
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. 88-6 subject to conditions. Councilman Kanel indicated, for
the record, that this establishment is in the southern part of the City, it
would be an anchor store selling alcoholic beverages prior to going into the
Chapman area of Eastgate, which would bring in some sales tax revenues to the
City. He stated he supported the application. Councilman Mullen advised that
this project is at the southern exit of the City in a location which would add
tax revenues to the City and this type of center depends on a traffic
generator. He urged the Council to approve the application. Councilmembers
Davis and Coronado expressed concern about the welfare of the residents on all
four sides of the property, a liquor store is not proper usage and they do not
support the application. Mayor Arnold was concerned with the number of
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217
residences surrounding the center, the unsafe parking lot for large delivery
vehicles and does not approve the application.
The motion failed by the following roll call vote:
AYES: 2 COUNCILHEMBERS: Kanel and Mullen
NOES: 3 COUNCILHEHBERS: Coronado. Davis and Arnold
ABSENT: 0 COUNCILHEMBERS: None
It was moved by Councilman Davis and seconded by Councilman Coronado to adopt
the Resolution. by title only, title as follows, denying C.U.P. 88-6 with
condit ions.
RESOLUTION NO. 3388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
CONDITIONAL USE PERHIT NO. 88-6 - WITH CONDITIONS.
The motion carried by the following roll call vote:
AYES: 3 COUNCILHEMBERS: Coronado, Davis and Arnold
NOES: 2 COUNCILMEMBERS: Kanel and Mullen
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-2. REDUCED SIDE YARD
SETBACK. 10706 LYNN CIRCLE: Mayor Arnold declared the public hearing open.
The Planning Director recapped the staff report dated April 15, 1988 which
represented a request for a variance from Sections 9.2.B.6 and 9.3.F of the
City of Cypress Zoning Ordinance to allow a first and second story room
addition to be constructed within the required side yard setback.
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 Kanel to close
the public hearing and adopt the Resolution by title only, title as follows,
to approve Variance No 88-2.
RESOLUTION NO. 3389
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A
REQUEST FOR A VARIANCE FROM SECTIONS 9.2.B.6 AND 9.3.F OF THE CYPRESS
ZONING ORDINANCE TO ALLOW A FIRST AND SECOND STORY ROOM ADDITION TO BE
CONSTRUCTED WITHIN THE SIDE YARD SETBACK - VARIANCE NO. 88-2.
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
CONTINUATION OF CONSIDERATION OF NEON ILLUMINATION FOR SIGNS AND BUILDING
ELEVATIONS IN THE CITY OF CYPRESS: The Planning Director summarized the staff
report dated April 15, 1988 which described requests to allow neon
illumination of signs and building elevations for several projects approved or
under construction in the City and to review the existing criteria contained
in the Zoning Ordinance.
Councilman Mullen stated that the new neon signs are attractive and felt that
this ordinance should be reviewed. Councilman Davis expressed concern about
changing the existing code and would like to see the code remain as it is. In
answer to Councilman Mullen, the Planning Director responded that if the
Council made a determination on certain neon illumination not consistent with
the code, then Council could approve, deny or request staff to amend the
Ordinance. Councilman Kanel advised that only selective businesses would use
neon, many will use traditional signs, but we should allow some flexibility
for proprietors and indicated both types of signing should be available.
Councilman Coronado remarked that he would not be adverse to some neon signing
and suggested leaving the option open. Mayor Arnold advised that she wouldn't
support the suggestion unless there were special conditions imposed and would
not be in favor of neon signing because if we allowed for one, we would have
to allow for all.
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City Council Minutes Apri i 25, 1988
218
It was moved by Councilman Mullen and seconded by Councilman Coronado to
direct staff to return to Council with criteria for permitting neon signs with
the understanding that the criteria imposed would be restrictive rather than
permissive. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEHBERS: Coronado, Davis, Kanel, Hullen & Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF A RESOLUTION CERTIFYING THE ADDENDUH TO THE *","~
FINAL ENVIRONHENTAL IHPACT REPORT. AS THE ENVIRONMENTAL DOCUHENTATION FOR THE
AHENDED REDEVELOPMENT PLAN AND AUTHORIZE TRANSHITTAL TO VARIOUS ENTITIES: The
Planning Director recapped the staff reports dated April 13 and February 11,
1988 which indicated an Addendum to the Final Environmental Impact Report had
been prepared and is compiled with the recently certified Texaco Tank Farm
Final EIR, which is on file with the Recording Secretary for public review.
Staff recommended the City Council adopt the Resolution certifying the
Addendum to the final EIR.
It was moved by Councilman Hullen and seconded by Councilman Davis to adopt
the Resolution by title only, title as follows certifying the Addendum to the
Final Environmental Impact Report.
RESOLUTION NO. 3390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CERTIFYING AS TO
ITS REVIEW OF THE ADDENDUM TO THE FINAL ENVIRONMENTAL IHPACT REPORT FOR
THE CIVIC CENTER REDEVELOPMENT PROJECT AHENDMENT NO.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 "..,....,.."
CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY'S PLANNING
COMMISSION: Councilman Davis had presented a report to the Council indicating
his desire to have staff do some preliminary research work keyed to the
reestablishment of a viable Planning Commission. He further stated he wanted
to provide an avenue to bring issues before the people in an open forum
earlier and, at the same time, not circumvent the importance of issues being
brought before the Council. Councilman Mullen advised that a Planning
Commission was best staffed by lay people and a Commission composed of only
professional people would eliminate the lay person's decision to determine the
direction of the community. Councilman Davis remarked that he perceived a
Commission of five people and only one or two of those Commissioners to be a
planner, civil engineer or an architect. Councilman Coronado expressed his
opposition to a Planning Commission in Cypress, believed that the City has a
very professional planning review process and staff and asked Council not to
set the Commission in motion again. Councilman Davis stated he does not see
the proper forum being the City Council because it occurs so late and the
citizens need to be involved earlier in the process. He further advised that
he is convinced the Council can delegate and bring along a good group of
people that will work with them. Mayor Arnold stated she has not completed
her study, the Council would be sharing in the overall thought process with
another group but the responsibility and accountability still belongs to the
City Council. She advised she would support further research on the issue.
Councilman Mullen stated he would not support an appointed Commission or a
Commission comprised of all professional people. Councilman Kanel commented -
that the only reason Cypress does not have a Planning Commission is that it
was eliminated when Prop 13 was passed. He stated it is important, so many
items are eliminated by the Planning Commission and they do not go forward to
the City Council except on appeal. He further stated that the members of the
Planning Commission are usually made up of residents who are lay people,
businessmen and he does support the formation of a Planning Commission.
It was moved by Councilman Davis and seconded by Councilman Mullen to direct
staff to contact other cities and determine the structure and criteria of
their Planning Commissions. Based on this research, staff will prepare a
draft outlining the structure for a new Planning Commission and return to
Council. Councilman Kanel suggested that a limited amount of time be expended
10
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City Council Hinutes April 25, 1988
219
on this as Cypress has had a Planning Commission in the past and a lot of
information may be repeated. Councilman Coronado voiced his disapproval of
the motion. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEHBERS: Davis, Kanel, Mullen & Arnold
NOES: 1 COUNCILHEHBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF COMHUNICATION FROM THE ORANGE COUNTY DIVISION OF THE LEAGUE
OF CALIFORNIA CITIES. REGARDING A RESOLUTION SUPPORTING PROPOSITION 70. THE
CALIFORNIA WILDLIFE. COASTAL. PARK LAND CONSERVATION ACT OF 1988: The staff
report dated April 20, 1988 indicated that a Resolution in support of
Proposition 70 will be acted upon at the Orange County League of California
Cities meeting of Hay 12.
Councilman Mullen voiced his support of taking "no position" on this matter
because it is a bond issue by initiative and would establish a bad precedent.
After further comment, Councilman Kanel suggested, and all Council members
supported, allowing the City's representative to determine whether or not to
support the Resolution after hearing discussions at the meeting on May 12.
CONSIDERATION OF A REQUEST FROM THE ORANGE COUNTY REGISTER TO PURCHASE AN AD
IN THE ORANGE COUNTY ANSWER BOOK: The City Manager referred to the staff
report dated April 20, 1988, which indicated the City had been contacted by a
representative of the Register to determine whether the City wishes to
purchase an ad in the Orange County Answer book, which is to be published as a
part of the Orange County Centennial.
Councilmembers Kanel and Mullen expressed their opposition to the purchase of
an ad and felt government entities should not participate in the Answer Book.
Hearing no objection, it was unanimously agreed not to purchase an ad in the
Orange County Answer Book.
CONSIDERATION OF ADDING EARTHQUAKE COVERAGE TO INSURANCE RENEWAL: The staff
report dated April 18, 1988 indicated that the earthquake coverage offered
this year is approximately one-third the rate when the City withdrew from that
portion of the program. I' addition, the deductible has been reduced from 10%
to 5% and there is adequate capacity at $30 million to cover the spread of
risk for member cities properties located from Cypress to San Clemente.
It was moved by Councilman Mullen and seconded by Councilman Kanel to
authorize participation in the Orange County Cities Risk Management Authority
Property Insurance program, including adding earthquake coverage. 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 SALARY RESOLUTIONS FOR THE CITY MANAGEMENT. TOP AND MID
MANAGEMENT AND POLICE MANAGEMENT POSITIONS: The staff report dated April 20,
1988 indicated the City Manager had met with members of the top management and
mid management groups regarding salaries for 1988 and has made salary
recommendations to the City Council.
It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt
the Resolutions by title only, title as follows, providing for: (1) the
establishment of salary ranges for certain top and mid management positions,
including City Manager; (2) individual annual salaries for 1988 for the City
Manager and top and mid management positions; and (3) individual annual
salaries for the Police Chief and police management positions. All salaries
effective December 28, 1987 through December 25, 1988.
RESOLUTION NO. 3391
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. AND ACTING AS
EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND
PARK DISTRICT. A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS,
ESTABLISHING SALARY RANGES FOR THE CITY MANAGER AND OTHER TOP AND MID
MANAGEMENT POSITIONS.
11
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City Council Hinutes April 25, 1988
220
RESOLUTION NO. 3392
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS
EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND
PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS AHENDING
.
RESOLUTION NOS. 156, 157, 3236. 3246 AND 3253 ESTABLISHING SALARIES FOR
CITY AND DISTRICT EHPLOYEES DESIGNATED AS HANAGEMENT PERSONNEL.
RESOLUTION NO. 3393
.''''....~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AHENDING
RESOLUTION NO. 3219, ESTABLISHING SALARIES FOR CITY EHPLOYEES DESIGNATED
AS MANAGEMENT PERSONNEL.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RETENTION OF PROFESSIONAL STAFF SUPPORT SERVICES: The staff
report dated April 15, 1988 indicated responses had been received from BSI
Consultants and Willdan Associates to provide professional engineering support
to the City's Engineering Division.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve
the retention of BSI Consultants, Inc., 1415 E. 17th Street, Santa Ana, CA
92701, for professional engineering support services to be provided for a
minimum of 12 hours per week, through July 29, 1988, at an hourly rate of
$66.50. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEHBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEHBERS: None
~
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 25961 _
26219: It was moved by Councilman Hullen and seconded by Councilman Kanel to
approve the Warrant List for Warrant Nos. 25961 through 26219 in the amount of
$447,765.20. 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
RECESS: Mayor Arnold recessed the meeting at 11:26 p.m. in order for the
Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 12:14 a.m. with all Councilmembers present except
Councilman Coronado who left the Redevelopment Agency meeting at 11:50 p.m.
ORAL COMMUNICATIONS: Regarding the meeting with the School District,
Councilman Kanel asked when it was scheduled and the City Manager responded
that the meeting was scheduled for next week. Councilman Kanel asked for a
report on the reason for the two month delay.
WRITTEN COMMUNICATIONS: There were no written communications.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 12:16 a.m.
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F THE CITY OF CYPRESS
ATTEST:
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