Minutes 89-01-23
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MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
January 23. 1989
The regular meeting of the Cypress City Council was called to order at 5:35
p.m. on Monday. January 23, 1989. in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor William Davis presiding.
PRESENT: Councilmembers Age. Arnold, Kanel, Kerry and Davis
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex. City Attorney Jerry
Patterson and staff members Beardsley, DeCarlo, Eynon and Lowenberg.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were
presented.
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) AUDIO SURVEILLANCE UNIT: The
City Manager referred to the staff report dated January 16, 1989, which
indicated that the Police Department is requesting the purchase of an audio
surveillance unit for the Special Enforcement Team using funds available in
the asset seizure account.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to:
1) transfer $3941.00 from account #4104-28-179-05 to account #4814-90-656-35,
2) determine that it is in the best interest of the City to dispense with
formal competitive bidding due to single supply source pursuant to City Code
Section 21A-8f, and 3) authorize the purchase of one (1) audio surveillance
system from Surveillance Technology Group, 9465 Wilshire Blvd., Beverly Hills.
CA 90212 in the amount of $3940.50. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age. Arnold. Kanel. Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF CONTRACT WITH ROBERT BEIN. WILLIAM FROST & ASSOCIATES -
ADDENDUM NO.4. TEXACO TANK FARM CLEANUP: The City Manager summarized the
staff report dated January 17, 1989, which represented a request to continue
consulting services for the monitoring of the cleanup of the Tank Farm through
Apr i 1 1989, with Texaco continuing to share the cost.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
authorize: 1) agreement for future services not to exceed $33,350,
appropriate funds totaling $16,675 from the General Fund to Account #4189-11-
192-06 for the City's equal share for the contract costs, and 2) the Mayor and
City Clerk to execute contract Addendum No.4 totaling $33,350. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF VOLLEY BALL COURT.
PARKING LOT RENOVATION AND EXPANSION. AND RENOVATION OF SHUFFLEBOARD COURT AT
CYPRESS/ARNOLD PARK. PUBLIC WORKS PROJECT NO. 8721: The City Manager referred
to the staff report dated January 17, 1989, which indicated that three bids
were received to perform construction of a volley ball court. parking lot
renovation and expansion and renovation of the shuffleboard court.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to:
1) determine the lowest responsible bidder for City of Cypress Project No.
8721 to be Sully-Miller Contract Company; 2) authorize an additional
appropriation of $10,000 to be transferred from the unappropriated reserves of
the Cypress Recreation and Park District, to Account No. 4186-12-506-29; and
3) award a contract for the construction of volleyball court and additional
parking lot and renovation of existing parking lot and shuffleboard court at
Cypress/Arnold Park, in the amount of $74,500. The motion unanimously carried
by the following roll call vote:
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464City Council Minutes January 23. 1989
AYES: 5 COUNCIlMEMBERS: Age, Arnold, Kanel. Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCIlMEMBERS: None
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.
Councilmember Kanel asked that Item #9, Consideration of D.A.R.E. Program at
Cerritos School be removed. Councilmember Age requested Item #8.
Consideration of Purchase of a Table at the Cypress College 1989 Americana
Awards Dinner be taken from the Consent Calendar.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
approve the Consent Calendar. Items #4 through #13, except Items #8 and #9.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #4: Motion to Approve City Council Minutes of the Regular Meeting of
January 9, 1989.
Recommendation: That the City Council approve the Minutes of January 9, 1989,
as submi tted.
Item #5: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #6: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Kurban Kurani, President. and Liaquat Kurani,
Secretary/Treasurer, of Kurani Foods, Inc., D.B.A., Pizza Hut, 4185 Ball Road,
Cypress.
Recommendation: Receive and file.
Item #7: Consideration of Authorization to Attend the International Symposium
for Law Enforcement Executives.
Recommendation: That the City Council authorize the attendancp of Chief
Lowenberg to the International Symposium for Law Enforcement Executives to be
held in Albuquerque, New Mexico, on February 17-21, 1989. and he reimbursed
for all actual and necessary expense incurred.
Item #10: Consideration of Employment List - Assistant Civil fngineer.
Recommendation: That the City Council certify the Employment I ist for the
position of Assistant Civil Engineer as submitted.
Item # 11 : Consideration of Recommendations of Traffic Commission Meeting of
December 20, 1988.
Recommendation: That the City Council: 1) Approve the recommendation of the
Traffic Commission and adopt the Resolution, by title only, title as follows,
approving the installation of a "No Parking Anytime" area in the alley which
accesses 9151 Grindlay Street (Cypress Sunrise Apartments); and 2) Receive and
file the recommendation to install a pedestrian signal adjacent to the King
Elementary School.
RESOLUTION NO. 3515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A
"NO PARKING ANYTIME" AREA IN THE ALLEY WHICH ACCESSES 9151 GRINDLAY
STREET (CYPRESS SUNRISE APARTMENTS).
Item #12: Consideration of Monthly Investment Program for the Month of
December 1988.
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City Council Minutes January 23, 1989
Recommendation: Receive and file.
Recreation & Park District Matters:
Item #13: Consideration of Attendance to the 1989 League of California Cities
Community Service Conference.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District. authorize the
attendance of the Recreation and Park Director, Marvin DeCarlo, to the 1989
League of California Cities Community Service Conference, to be held on April
12-14, 1989, in Monterey. and be reimbursed for all actual and necessary
expenses incurred.
In regard to Consideration of Purchase of a Table at the Cypress College 1989
Americana Awards Dinner, Councilmember Age wished to determine if the
Councilmember and staff attendance at the dinner would warrant the purchase of
a full or partial table. After some discussion, it was determined that a full
table should be purchased. It was moved by Councilmember Kanel and seconded
by Councilmember Age to authorize the purchase of a table of 10 at $125/person
at the Cypress College 1989 Americana Awards Dinner, to be held on February
25, 1989. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel. Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding Consideration of D.A.R.E. Program at Cerritos School, Councilmember
Kanel had received some calls from parents because this school did not offer
the D.A.R.E. Program and he was unaware that the Anaheim School District did
not have this type of program. Responding to Mayor Davis, Chief Lowenberg
answered that the school has agreed to absorb the curriculum costs required to
initiate the D.A.R.E program. It was moved by Councilmember Kanel and
seconded by Councilmember Age to authorize the Cypress Police Department to
initiate a D.A.R.E. Program at Cerritos School as outlined. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Readinq) & RESOLUTIONS:
It was moved by Councilmember Arnold and seconded by Councilmember Kanel to
adopt the Resolution by title only, title as follows, approving C.U.P. No. 88-
26, with conditions.
RESOLUTION NO. 3516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-26 - WITH CONDITIONS (ECONO LUBE ON TUNE
AND TIRE STORE, 5491 CERRITOS AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilrnember Age and seconded by Councilmember Arnold to
adopt the Resolution, by title only. title as follows, denying C.U.P. No. 88-
29.
RESOLUTION NO. 3517
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
CONDITIONAL USE PERMIT NO. 88-29 (CELLULAR TELEPHONE FACILITY. 5351
LI NCOLN AVENUE).
The motion unanimously carried by the following roll call vote:
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46&fty Councfl Mfnutes January 23, 1989
AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, denying C.U.P. No. 88-
36.
RESOLUTION NO. 3518 ~"'~li/'1;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
CONDITIONAL USE PERMIT NO. 88-36 (OFFSITE GENERAL ALCOHOL SALE, SCOTTY'S
FOOD CENTER, 6381 BALL ROAD).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF APPOINTMENT OF REPRESENTATIVES TO THE CYPRESS
TRANSPORTATION ADVISORY COMMITTEE (C.T.A.C. ): The staff report dated January
10, 1989 which recommended that the Council take action to appoint the five
citizen representatives to the Cypress Transportation Advisory Committee.
Councilmember Arnold recommended Mr. George Boscon; Councilmember Age
recommended Mrs. Christine Swain and Councilmember Kanel recommended Mr. Don
Sandefur Mayor Davis and Councilmember Kerry had not received confirmation
from their nominees.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
confirm the nominations of Boscon, Swain and Sandefur as members of C.T.A.C.
Mayor Davis suggested including the presentation of the final two members and
approve their confirmation at a later date. The City Manager advised that if f1"'I':>r'1!l'1
the full committee is not appointed tonight, it will delay their action
because there will be no meetings until a full committee is appointed.
After some discussion, it was moved by Councilmember Kanel to table the motion
until the next meeting, which motion died for lack of a second. The motion
unanimously carried to confirm the nominations of Boscon, Swain and Sandefur by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Davis and Councilmember Kerry will submit the names of their appointees
at the next regular meeting.
CONTINUATION OF CONSIDERATION OF METHOD OF FILLING VACANCIES ON CITY
COMMISSIONS: Mayor Davis opened the discussion requesting comments from the
Councilmembers on the method to be chosen to fill Commission vacancies.
Councilmember Kanel suggested consideration be given to having each member of
the Council nominate an individual to serve on a Commission. Counc i lmember
Arnold expressed preference for advertising for candidates, completion of an
application and then each Councilmember make a decision using a rating method
and that decision announced to the Council. She expressed her opposition to
having each Councilmember make an appointment. Councilmember Kanel discussed tlf'v~~
various other options available to the Councilmembers in making appointments
to Commissions. He explained his choice was to have all the applicants' names
available, the Councilmembers would then vote on the applicant of their choice
and the applicant with the most votes would fill the vacancy; if there are two
vacancies, then another vote is taken on another name and as each vacancy is
filled, the successful candidate's name is removed from the choices.
Councilmember Kerry stated her preference was for applications, interviews and
each Councilmember then appoint a person to the Commission. Councilmember
Kanel expressed a preference for Council appointed members for the Planning
Commission, but not necessarily for the other bodies.
Councilmember Age stated a preference for applications, interviews conducted
in a public session and then ranking by the Council; however, she did agree
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that Councilmember Kanel's method of choosing candidates would be acceptable.
Mayor Davis advised that he wished to continue with the disclosure process the
Council has been using and keep the voting slips available for public
information.
It was moved by Mayor Davis and seconded by Councilmember Age to retain the
current practice of appointing Commission members with the exception that the
Council will vote for an individual and the individual receiving the majority
vote be selected and that name removed from the competition; if a second
vacancy exists. the voting process will continue until all vacancies are
filled. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel. Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS RECREATION &
COMMUNITY SERVICES COMMISSION,
CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CULTURAL ARTS
COMMISSION,
CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CABLE TELEVISION
COMMISSION, and
CONTINUATION OF CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION FOR
APPOINTMENT TO THE CYPRESS TRAFFIC COMMISSION: Mayor Davis stated that the
applicants for these Commission vacancies had not been interviewed by the new
Councilmembers and Councilmembers Age and Kerry expressed a desire to
interview the applicants.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
schedule interviews with the present applicants for the Recreation & Community
Service, Cultural Arts and Cable Television Commissions and also for the
Traffic Commission. Mayor Davis requested staff to schedule interview times
and the date(s) on which these interviews will be held will be determined
later in the meeting. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age. Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
EXECUTIVE SES~ION: Mayor Davis called for an Executive Session 7:07 p.m. to
discuss matters of personnel and litigation. The meeting reconvened at 7:44
p.m. with all Councilmembers present and staff members Beardsley, DeCarlo.
Eynon and Lowenberg present.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kanel.
The City Manager reviewed the actions taken by the City Council during the
5:30 p.m. session of the Agenda.
The City Attorney summarized the discussions held during the Executive
Session, which included a worker's compensation appeals board case and a
litigation matter involving Los Caballeros Center vs. City of Cypress.
PRESENTATIONS: Mr. Lyn Liddell, Manager of Special Projects, Texaco Refining
and Marketing, Inc., presented an update of the Texaco Tank Farm cleanup
status and provided an aerial photograph and bar chart for Council's
information. He also reviewed the steps Texaco is taking in the cleanup
process for residential development. He stated that a major reason for the
export volume from the site is to be in compliance with the very stringent
guidelines that have to be followed and the work is being performed under the
auspices of various agencies. He stated that Texaco's objective remains to do
a complete and thorough removal of everything on site that requires removal
and are anticipating a completion time of April 1989.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Ms. Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, wished to determine if
the citizens would have any further input on the SDC project if it was
approved in the February 14 election.
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The City Attorney replied that what has been submitted to the voters is very
specific and the maximums proposed on density and square footage will remain
if approved by the voters. If the developer complies with the standards set
in the development agreement and the specific plan then they are in
compliance. He advised that the Design Review process is not a public
hearing, but it is a public meeting and this Council has allowed public input.
The Planning Director commented on the Design Review Process, stating the
entire project is viewed and if there is an apparent problem. then staff works
with the,developer, who is working on permit processes.
Mr. Chuck Hicks, 10669 Charles Circle, Cypress. announced that he had just
been appointed a member of the Anaheim High School District's Board of
Trustees and assured the Council that the lines of communication between the
two bodies are open.
Mr. George Campagnoni. 5215 Edgemont Circle, Cypress, registered a complaint
regarding satellite dishes being erected on posts standing as high as two
stories. Mayor Davis requested that staff provide a report on the ordinance
on satellite dishes at the next Council meeting and the Planning Director
responded that they are in the process of revising the ordinance based on FCC
regulations.
Councilmember Kerry referred to an article in The Register. which indicated
that Costa Mesa's surplus funds might mean a tax cut for them and asked if the
City should do a study. The City Manager responded that the City does an
analysis each year relative to the Gann limitation and a report will be
provided to Council during the annual budget process.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
None were presented.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 88-21. COMBINED USE COMMERCIAL BUILDING. 30-UNIT APARTMENT COMPLEX.
INCLUDING SIX DENSITY BONUS UNITS. 6292 LINCOLN AVENUE: Mayor Davis opened
the public hearing. The staff report dated January 16, 1989, requested that
the hearing be continued to the February 27, 1989 meeting. -
It was moved by Councilmember Kanel and seconded by Councilmember Age to
continue this item to February 27, 1989. The motion unanimously carried by
the fol'/owing roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING
ORDINANCE NO. 88-3. AMEND SECTION 10.7 PERFORMANCE STANDARDS: ALL COMMERCIAL
ZONES TO ADD SECTION (D) TO PROHIBIT EVENING OR NIGHT DELIVERIES AND SECTION
(E) TRUCK PARKING ADJACENT TO THE RESIDENTIAL ZONES: Mayor Davis declared the
public hearing open. The staff report dated January 16, 1989 requested a
continuance of this item,
It was moved by Councilmember Kanel and seconded by Councilmember Age to
continue this matter to February 13. 1989, The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age. Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
..."....
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-9. ALLOW
SIGN TO BE WITHIN 300' OF ENTRY SIGN. SOUTHWEST CORNER OF VALLEY VIEW STREET
AND CERRITOS AVENUE: The public hearing was opened by Mayor Davis. The staff
report dated January 16, 1989 indicated the applicant requested a continuance.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
continue this matter to the meeting of February 13. 1989. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-10. ALLOW
THREE ONSITE SIGNS. SOUTHWEST CORNER OF. VALLEY VIEW STREET AND CERRITOS
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469
AVENUE: Mayor Davis opened the public hearing. The staff report dated
January 16, 1989 indicated the applicant requested a continuance to the
February 13, 1989 meeting.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
continue this item to February 13, 1989. The motion unanimously carried by
the following roll call vote:
AYE: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Davis recessed the meeting at 8:30 p.m. to act as the Cypress
Redevelopment Agency and consider Item 40, Consideration of Public Hearing on
Proposed Disposal of Real Property from the Community Development Agency of
the City of Cypress to Kerry L. Henard and Barbara Henard at this time. The
meeting reconvened at 8:45 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 88-22 AND PARCEL MAP NO. 88-365. SEVEN-UNIT APARTMENT COMPLEX AND THREE
PARCELS INTO ONE PARCEL. SOUTHWEST CORNER OF HOLDER STREET AND ORANGE AVENUE:
Mayor Davis declared the public hearing open. The Planning Director
summarized the staff report dated January 16, 1989. which represented a
request to construct a seven-unit apartment complex and combine three parcels
into one parcel. The site is located at the southwest corner of Orange Avenue
and Holder Street. In accordance with the California Environmental Quality
Act. a Negative Declaration of Environmental Impact will be filed for this
project. Notices of the public hearing have been posted, published and mailed
to all property owners within a 300 foot radius of the subject parcels.
No one wished to speak in support of or opposition to the application.
It was moved by Councilmember Kanel and seconded by Councilmember Arnold to
close the public hearing, certify the Negative Declaration in accordance with
the requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 88-22 and Parcel Map No. 88-365 subject to
conditions. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-11. AIR CONDITIONER ON
ROOF. 4161 DOVER CIRCLE: The public hearing was declared open by Mayor Davis.
The Planning Director referred to the staff report dated January 13, 1989,
which indicated a request from Mr. and Mrs. Godfrey to vary from Section 9.3.A
of the Cypress Zoning Ordinance to allow an air conditioning unit on the roof
of an existing home at 4161 Dover Circle. In accordance with the California
Environmental Quality Act, this project is exempt. Notices of this public
hearing have been posted, published and mailed to all property owners within a
300-foot radius.
Mayor Davis asked if anyone wished to speak in support of the application. No
one wished to do so. He then asked if anyone was in opposition to the
project.
Mr. Gene Stojack, 4166 Dorset Drive. Cypress, stated he lived directly behind
the applicant and questioned what the placement of the air conditioner would
do for the surrounding neighbors as far as noise and appearance.
Mayor Davis asked, for the record, how we determine that the unit meets the
noise standards. The Planning Director responded that some units are tested
in advance and factory certified; if not, then the City has a noise officer
that measures the noise from the unit. Mayor Davis asked if the conditions
imposed satisfied his objections and Mr. Stojack replied in the affirmative.
No one else wished to speak in opposition.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
close the public hearing and approve Variance No. 88-11 subject to conditions.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel. Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO.
88-33. TEMPORARY MODULAR OFFICE BUILDING. 5792 lINCOLN AVENUE: Mayor Davis
opened the public hearing. The Planning Director reviewed the staff report
dated January 17, 1989, which represented a request to install a temporary
modular office building at Nissan's used car lot at 5792 Lincoln Avenue. In
accordance with the California Environmental Quality Act. a Notice of Negative
Declaration will be filed for this project. Notices of this public hearing
were posted, published and mailed to all property owners within 300 feet of
the subject parcel.
The applicant. Mr. Mark Clark. 10054 Balsa Avenue. Rancho Cucamonga, asked to (fih.Hl'1..".
withdraw their request for the amendment to the conditional use permit and
indicated his willingness to consult with the staff in the refurbishing of the
existing modular units.
It was moved by Councilmember Kanel and seconded by Councilmember Age to close
the public hearing and accept the request for the withdrawal of the amendment
to Conditional Use Permit No. 88-33. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age. Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-35. MOSES
USED AUTO SALES. 5431 LINCOLN AVENUE: Mayor Davis opened the public hearing.
The Planning Director referred to the staff report dated January 17, 1989,
which represented a request to operate a used car sales lot with related auto
repair at 5431 Lincoln Avenue. In accordance with the requirements of the
California Environmental Quality Act, a Negative Declaration will be filed for
this project. Notices of this public hearing were posted, published and
mailed to all property owners within 300 feet of the subject parcel.
Mayor Davis asked if anyone wished to speak in support of or opposition to the
application. No one wished to do so.
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Councilmember Kanel mentioned that the site is small, the applicant is
applying for several uses and hasn't complied in the past. staff is 'C
recommending a denial so the applicant will submit an appropriate plan and he
concurs with the staff recommendation.
Councilmember Arnold stated that, based on the history and the problems
incurred over a number of years of noncompliance, she is not in favor of
adding a new use to the site; the lot is pr0bably too small to accommodate
both the repair and sale of used cars and favors denying the entire
application.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
close the public hearing and deny Conditional Use Permit No. 88-35. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Davis asked staff for a report of what has transpired in the area of
code enforcement and the City Manager advised that this item is scheduled for
workshop discussion.
CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY'S PLANNING
COMMISSION: Mayor Davis had requested this item be placed on the Agenda. He
stated that the Council presently acts as the Planning Commission and there
have been a number of issues for decisions on parcel maps, changes in zoning,
development projects. He further stated he would like to reactivate the
Planning Commission so the citizens will have time to sit in front of a forum
to ask questions. receive input and contribute to the decision making process.
Councilmember Kanel remarked that he does lean toward the reactivation of the
Planning Commission so they can assume some of the duties the Council now
performs. He questioned the cost factors provided by the staff and is not
quite certain the additional personnel is required. He suggested a survey of
other cities on how they operate with a Planning Commission. He commented
that he favors the idea, it would take a lot of work off the Council and at
the same time, have a group of citizens who could make some decisions as a
result of input from the public. 8
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Councilmember Age expressed concern over the additional costs.
Councilmember Kanel mentioned that he was not convinced that two new positions
in the Planning Department were necessary if a Planning Commission were
formed.
Mayor Davis remarked that he could understand the additional attorney's fees,
but much of the additional cost is a direction of the work rather than an
added workload. He stated the process that he wanted generated is public
appeal throughout the process and there is not enough public input on the
major issues of this City and the advantages far outweigh the outcry that it
is another level of bureaucracy or additional cost. The important issue is to
allow time to work on these projects so they can be done right and we need to
look at whatever we have to do.
The City Manager advised that there were different sets of reports. standards,
requirements and state coded regulations that the City has to follow because
the Planning Commission is an official commission with legal responsibilities.
Mayor Davis advised that the information requested would be additional surveys
and cost factors. In addition. Councilmember Arnold asked what the amount of
time would be between the start and finish of a project to arrive at a
decision.
In response to a question from Councilmember Kerry, Mayor Davis asked staff to
more clearly define the roles of the City Council and the Planning Commission
in the planning process.
The City Manager asked the Council if they wished staff to look at alternative
types of commissions rather than a Commission with all of the state code
respons i bi 1 it i es.
The City Attorney remarked that the Council may be able to eliminate
duplication by not having a full Planning Commission; there are things that
require Council approval whether or not there is an appeal and those would be
General Plan Amendments, Zone Changes. possibly variances, use permits and
certain other items.
It was moved by Councilmember Kanel and seconded by Councilmember Arnold to
request the City Manager. the Planning Director and the City Attorney to
propose alternatives to the Planning Commission, reinstatement of a Planning
Commission, and determine the cost factors and the possibility of being able
to divide the duties of the present staff between both bodies, and possibly
increase the fee structure and to respond to all other requests by other
Councilmembers on this issue for the March 13. 1989 meeting.
Ms. Alice Rogers, 4219 Dover Circle. Cypress. stated that the reported cost
needed to support a Planning Commission were on the low side and the
additional time required was at least three months between start to finish
that had to do with the advertising and meeting times. She further stated
that the Planning Commission was the worst waste of time and money that any
City has seen.
Mr. Pat Ochoa, 10691 Chestnut Street, Cypress, commented that it was
inconceivable that City of Cypress could not have a Planning Commission and if
it is properly structured, it could be an aide to the Council and an asset to
the City.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated that her fear is if
another Planning Commission were formed, that there will be a clique of
appointees.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Davis called a recess at 9:50 p.m. and reconvened the meeting
at 10:03 p.m. with all Councilmembers present.
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City Council Minutes January 23, 1989
472
CONTINUATION OF CONSIDERATION OF STRAIGHT TALK ACTIVITIES: The City Manager
introduced the staff report dated January 18. 1989. which indicated that the
Council had requested staff to conduct a new traffic study, prepare a report
on Police activities on Camp Street and obtain additional information from Mr.
Robbins on the growth and activities of the Straight Talk Clinic.
The Public Works Director described the staff report dated January 17, and
explained the conditions under which the traffic count was taken. He reported
that the general conclusions as a result of the traffic study are that
Straight Talk does attract a significantly increased volume of vehicles during
the week and Camp Street appears to have a higher resident vehicle population -
than Citrus Court. contributing to the greater number of counted vehicles on
Camp Street. He clarified that the cul-de-sac counts were done on a different
day and not simultaneously counted.
Chief Lowenberg stated that a report profiling police activity was prepared
for the period of January 1. 1987 through December 31, 1988. a full two year
period and based on the 97 activities for a full two year period. there
shouldn't be any cause for alarm from a public safety point of view.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress. explained the location of the
vehicle counter hoses on Camp Street and what he perceived to be the reason
for the large count of vehicles.
The following residents of Camp Street spoke about the increase in traffic and
speed, the swap meet office, the Straight Talk Clinic's appropriateness on a
residential street and the deterioration of property values:
Mr. Barry Cannata, 5541 Camp Street. Cypress
Mrs. Woolridge. 5561 Camp Street, Cypress
Ms. Joan Johnston, 5664 Camp Street, Cypress
Mr. Charles Doyle, 5668 Camp Street, Cypress
Ms. Joan Oper, 5531 Camp Street, Cypress, conducted a survey of the Camp
Street. asking two questions most important to the neighborhood, acquired 41 -
signatures of residents that would answer yes to the questions and presented
copies to the Council.
Mr. Bruce Robbins, Executive Director of the Straight Talk Clinic, addressed
some of the concerns of the residents and some of the mitigation measures
taken. He explained that Straight Talk is a public benefit, non-profit tax-
exempt corporation, a United Way Agency and provides counseling services. He
also explained that the swap meet function is a joint fund raiser sponsored by
Straight Talk and Cypress College and he an~wered questions from the
Counc i 1 members.
Councilmember Kanel asked if the Straight Talk Clinic had given any thought to
relocating the facility. Mr. Robbins replied that, prior to last October,
there had been no indication that there was any dissatisfaction with the
operation.
Councilmember Arnold stated that it might be pertinent to this issue to
determine what the normal traffic flow is on a similar street. Councilmember
Age suggested there might be two different complaints: the traffic issue and
moving Straight Talk because the residents don't want it. She mentioned it
may not be feasible to ask Mr. Robbins to move and if so, then we should look
at the traffic issue. Councilmember Arnold commented that the real issue
needs to be identified and should be addressed.
Responding to Mayor Davis, the City Attorney advised that the Clinic does not
require a conditional use permit and unless there is a finding they are a
public nuisance they are permitted to operate.
After further discussion, the City Manager suggested that a visual destination
survey be conducted to determine where the traffic is going. Councilmember
Age requested a copy of the agreement between the City and Straight Talk
Clinic.
Councilmember Kanel asked, in reference to a remark from Councilmember Kerry,
about the possibility of a Community meeting in an attempt to resolve this
issue, with a some staff and a public official present.
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City Council Minutes January 23. 198473
Mr. Mitch Chernas, Drug Abuse Service. County of Orange. advised that it would
be a breach of privacy to stop cars and ask the occupants their destination
and the best way to determine destination would be to place one person at each
end of the street.
Councilman Kanel asked for an opinion from the City Attorney and the City
Manager as to whether or not Straight Talk should apply for a conditional use
permit to be allowed to operate in that zone. The City Attorney advised that
we have relied on the two sections in the PS zone which state that "Accessory
uses and structures are permitted."
Mr. Roger Belgan, Chairman of the Board of Directors of Straight Talk and also
a member of the Fountain Valley School District Board of Trustees. explained
that Straight Talk furnishes services directly to school clients and does
furnish services to students at that school. He stated that if there are
things that they can do to help the traffic situation or vandalism, they would
give that direction to Mr. Robbins and they are prepared to cooperate.
Mayor Davis requested the Public Works Director set up traffic counters on a
street similar to Camp Street.
Mr. Steve Robbins, 6172 Rosemary Drive, Cypress, stated he was a Director for
Straight Talk Clinic, which is a proven, valuable asset for Cypress. He
further stated that prejudice is the issue, it has been for 17 years and he
asked the City Council to place the issue in its proper perspective and
protect this valuable asset from prejudice.
Councilmember Kerry suggested looking at alternative sites in the community
for the Clinic and there are definite matters that affect both sides and if
traffic speed is a problem, we need to look at it.
Mr. Ron Webb, County Alcohol Program, expressed his concern that statements
were made that the program altered or attempted to alter the amount of traffic
when there is a statement on record that the traffic has definitely increased
over a certain period of time and suggested that the service levels of the
program over the last five years be reviewed.
Mayor Davis asked Mr. Webb to provide the information on service levels.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue this matter to February 27, 1989 and staff to provide a report on
traffic activity on a similar street in Cypress. a destination survey and
estimate the speed of the traffic on Camp Street. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF STATUS REPORT AND RECOMMENDATION REGARDING
CITY-SCHOOL PROJECTS: CYPRESS SCHOOL LAND, TANK FARM DEVELOPMENT,
REDEVELOPMENT TAX INCREMENTS: The City Manager referred to the staff reports
dated January 4 and 16, 1989, which set forth conceptual agreements on the use
of the Cypress School property, the tank farm development and its impact upon
the School District, and the use of redevelopment and how the program can help
both the City and School District and have intended the recommendations to be
considered together in an integrated way.
Mayor Davis expressed his support of senior housing, but expressed concern
over the development concepts.
Responding to Mayor Davis, the City Manager replied that the leasing provision
was in the agreement to allow the City time to complete the property
acquisition needed to implement a land trade. He stated the City's plan was
to buy the land and then utilize the Redevelopment Agency to obtain a private
developer that would reimburse the City and proceed with the development.
Mayor Davis stated he would like to see a buyout of the property where the
senior center is and let the school district sell the rest of the land
directly to a developer and not have the City be the middleman.
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47.s i ty Counc f 1 Mf nutes January 23. 1989
The City Manager advised that the original concept was that the City would
acquire the property next to the senior center for expansion purposes and
north of the HUD senior housing project and work on a trade basis with the
school district,
Councilmember Kanel asked why the City couldn't buy land for expansion of the
senior center and the school district could sell the rest of the land to a
developer to build affordable units. The City could then take the Civic
Center property and sell it: however, he has reservations on the present
proposed agreement.
The City Manager stated that this item definitely needs more study because
completely different concepts are being presented than those that have been
envisioned previously.
Councilmember Kerry was not opposed to working a land trade with the school
district; however, the school district does not want that now, they want the
City to do something with the property for two years and then trade.
After further discussion, it was moved by Councilmember Kerry and seconded by
Councilmember Age to continue this item to February 27, 1989 to be heard at a
study session during the 5:30 p.m. portion of the Agenda. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age. Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
COUNCILMEMBER ARNOLD LEFT THE MEETING AT 1:00 A.M.
CONTINUATION OF CONSIDERATION OF POLICE MANAGEMENT SALARY RESOLUTION: It was
moved by Councilmember Age and seconded by Councilmember Kerry to continue
this item to February 13, 1989 to be heard during the 5:30 portion of the
Agenda and hearing no objection, Mayor Davis so ordered. ~
CONSIDERATION OF AUTHORIZATION TO REIMBURSE THE NORTH ORANGE COUNTY COMMUNITY
COLLEGE DISTRICT FOR CABLE TELEVISION EQUIPMENT: The staff report dated
January 17, 1989 indicated that a request was received from North Orange
County Community College District to reimburse them for the purchase of a
signal processor in the amount of $2170.00, which has also been approved by
the CATV Commission.
It was moved by Councilmember Kanel and seconded by Councilmember Age to
authorize payment in the amount $2170.00 to the North Orange County Community
College District as reimbursement for cable television equipment purchased for
the institutional channel interconnection. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30402 _
30630: It was moved by Councilmember Kanel and seconded by Councilmember Age
to approve the Warrant List for Warrant Nos. 304-2 through 30-630 in the
amount of $804,722.09. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None jII!!\'I'-~
ABSENT: 1 COUNCILMEMBERS: Arnold
RECESS: Mayor Davis recessed the meeting at 1:04 a.m. in order for the
Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 1:06 a.m.
Due to the lateness of the hour, the following items were continued to the
February 13, 1989 meeting.
Continuation of Consideration of One-Year Review of the City of Cypress
Newsletter.
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City Council Minutes January 23. 19f975
Consideration of Report on Bicycle Lane Marking - Westbound Ball Road at
Wa lker Street.
CONSIDERATION OF APPEAL OF DESIGN REVIEW COMMITTEE DETERMINATION REGARDING
CONDITION NO. 21. CONDITIONAL USE PERMIT NO. 87-34. SIGN CRITERIA. SOUTHWEST
CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE: The staff report dated
January 18. 1989 indicated that Council approved Conditional Use Permit No.
87-34 subject to conditions. one of which required the applicant to submit a
comprehensive sign program for approval. The applicant disputed two of the
revisions regarding limiting the number of colors and prohibiting window
signs.
The applicant. Mr. Richard Allen Hales, representing Overton, Moore and
Associates, 25111 Grissom Road, Laguna Hills, mentioned that one of the items
discussed and not agreed to was the establishment of colors for tenant signs.
He stated that the tenants, if they have established an identity for
themselves, should have the ability to use their colors. He advised that he
did not have a problem if there was a denial of the request for window signs.
Mayor Davis remarked that Cypress' design standards are very good and
concurred with staff's recommendation that if we start giving into these
requests the standards will deteriorate and we will not reduce those
standards.
The Planning Director clarified that the applicant cannot request a special
color from the staff. but they can request a variance to be approved by the
City Counc i 1 .
It was moved by Councilmember Age and seconded by Councilmember Kerry to deny
the appeal of Design Review Committee determination regarding regulations in
the Sign Criteria, Condition 21 of Conditional Use Permit No. 87-34. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Hayor Davis adjourned the meetin~.~
W_ --
MAYOR OF THE CITY OF CYPRESS
ATTEST:
()
CI'rP~~CYPRESS.-
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