Minutes 89-10-30 2l7
MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October 30, 1989
The Adjourned Regular Meeting of the Cypress City Council was called to order
at 4:15 p.m., in the City Council Chamber, 5275 Orange Avenue, Cypress.
PRESENT: Council Members Age, Bowman, Kanel, Kerry and Arnold
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff member Eynon.
' CONSIDERATION OF WORKSHOP ON GENERAL PLAN REVIEW: The Planning Director
introduced Mr. R. Dale Beland and Ms. Karen Warner of Cotton/Beland
Associates, Inc., General Plan Consultant. Ms. Warner provided an overview of
the General Plan work program and Mr. Beland reviewed the citizen
participation program/community questionnaire, which included the formation of
a 25 member citizens steering committee, town hall meetings, and a citizens'
survey. These efforts were all in addition to the normal public hearing
required by the City Council. The City Council discussed the various citizens
participation programs.
CONSIDERATION OF STATUS OF THE COMMUNITY PARK ON THE TEXACO TANK FARM SITE:
Recreation and Park Director, Marvin DeCarlo, introduced Mr. Ron Paige of
Recreation Systems, Inc., who reviewed the park and gymnasium plans with the
City Council.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda.
None were presented.
CLOSED SESSION: For Matters of Personnel and/or Litigation.
The City Manager and the City Attorney advised that they had no issues to
present in Closed Session at this time.
CONSIDERATION OF AWARD OF CONTRACT FOR ROOT CONTROL BARRIERS, REQUEST FOR
QUOTATION ~i8990-10: The City Manager presented the report from the Finance
Director dated October 9, 1989, which outlined the six bids received for the
purchase of 120 rolls of 20" root control barriers, with the low bidder being
Carson Supply Co., Inc., in the amount of 14,893.38.
Council Member Bowman inquired about the difference between the 16" and the
20" barriers.
Since the Public Works Director was not present, this matter was deferred to
the 7:30 p.m, session for clarification.
CONSIDERATION OF AWARD OF CONTRACT TO SUPPLY REPLACEMENT STREET TREES: Mr.
Essex presented the staff report from the Public Works Director dated October
18, 1989, which indicated that six bids were received. Due to the various
types of trees requested, staff recommended that the bid be split and award
the contract to A Y Nursery and Arbor Nursery as outlined the report.
Council Member Kerry inquired as to where Districts 25, 27 and 35 were
located. The City Manager deferred this question to the 7:30 p.m. session
when the Public Works Director would be present.
It was moved by Council Member Age and seconded by Council Member Bowman to 1)
Determine that A Y Nursery is the lowest responsible bidder for the six (6)
varieties of trees noted in the report and award a purchase order contract to
A Y Nursery, 1133 Bloomdale Street, Duarte, California 91010, to supply the
selected varieties at a total cost of 57,473.00, including sales tax; and 2)
Determine that Arbor Nursery is the lowest responsible bidder for the three
(3) varieties of trees noted in the report and award a purchase order contract
to Arbor Nursery, P. 0. Box 273, Azusa, California 91702, to supply the
selected varieties at a total cost of (2,321.40, including sales tax. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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City Council Minutes October 30, 1989
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.
The City Manager stated that staff wished to change the recommendation on Item
10 and continue this item to the meeting of November 13, 1989, since the
contractor had a problem in submitting his fees and bonds.
It was moved by Council Member Age and seconded by Council Member Bowman to
approve the Consent Calendar Items No. 3 through 17, with the correction to
the recommendation to Item No. 10. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item #3: Motion to Approve City Council Minutes of October 9, 1989 and
October 16, 1989.
Recommendation: That the City Council approve the Minutes of October 9, 1989
and October 16, 1989, as submitted.
Item #4: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #5: Consideration of Proclaiming November 1-15, 1989, as "Reaching Out
to the Children of Cypress" Campaign Period Requested by the Cypress Boys and
Girls Club.
Recommendation: That the Mayor and City Council officially proclaim November
1-15, 1989, as "Reaching Out to the Children of Cypress" campaign period as
requested by the Cypress Boys and Girls Club.
Item #6: Consideration of Proclaiming November 19-25, 1989, as "Family
Week".
Recommendation: That the Mayor and City Council officially proclaim November
19-25, 1989 as "Family Week".
Item #7: Consideration of Claim Filed by Gamaliel Vidaurre.
Recommendation: That the City Council officially reject the subject claim
and refer it to the City"s Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item #8: Consideration of Proclaiming the Remaining Holiday Months of 1989
and All of 1990 as "Buckle-Up for Life Challenge".
Recommendation: That the Mayor and City Council officially proclaim the
remaining holiday months of 1989 and all of 1990, as "Buckle-Up for Life
Challenge" in the City of Cypress.
Item #9: Consideration of Reimbursement to McDonnell Douglas Realty Co. for
Katella Avenue Improvements, Katella Avenue Reimbursement Agreement No. 144.
Recommendation: That the City Council: 1) Authorize the transfer of
572,778.58 from the unencumbered balance of the Traffic Impact Mitigation Fee
Fund to Account No. 4186-24-422-21; and 2) Authorize reimbursement to MORC per
the subject agreement in the amount of (72,778.58.
Item #10: Consideration of Acceptance of Final Tract Map No. 12385 (DeLong
Street, Southwest Corner at Walker).
Recommendation: That the City Council continue this matter to the meeting of
November 13, 1989.
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CITY COUNCIL MINUTES October 30, 1989
tem #11: Consideration of Update of Expenditures for Professional
Engineering Services for Site Soil Remediation of the Fuel Facility at the
Maintenance Yard, Public Works Project No. 8876.
Recommendation: Receive and file.
Item #12: Consideration of Continuing Part-time Contract for Building
Inspection Services.
Recommendation: That the City Council authorize the continuation of part-
time contract for building inspection services from Melad and Associates, 8907
Warner Avenue, #161, Huntington Beach, CA 92647, for sixteen (16) hours per
week, at the hourly rate of $35.00, not to exceed 464 hours, through March 31,
1990.
Item #13: Consideration of City of Cypress Lighting District No. 2 - 1989.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, ordering the City Engineer to prepare a Preliminary Report
for Cypress Lighting District No. 2 to be presented at the November 13, 1989
City Council meeting.
RESOLUTION N0. 3639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE A
MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO
THE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE
OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919",
FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE
MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY, FOR A PERIOD OF
ONE (1) YEAR, BEGINNING JANUARY 1, 1990, AND ENDING JANUARY 1, 1991.
Item #14: Consideration of Establishing "No Parking Anytime" Restrictions on
Phyllis Drive.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, establishing "No Parking Anytime" areas on the entire length
of Phyllis Drive.
RESOLUTION N0. 3640
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING ANYTIME" AREAS ON PHYLLIS DRIVE.
Item #15: Consideration of Employment Lists - Police Officer (Academy
Trained) and Police Sergeant (Promotional).
Recommendation: That the City Council certify the Employment Lists for the
positions of Police Officer (Academy Trained) and Police Sergeant
(Promotional) as submitted.
Item #16: Consideration of Claim Filed by John E. Zegel, Attorney-at-Law, On
Behalf of Judith Elizabeth McKee Evans, et al.
Recommendation: That the City Council officially reject the subject Claim
for Indemnity and refer it to the City"s Claims Administrator, Carl Warren &
Co., for appropriate disposition.
Item #17: Consideration of Mouthy Investment Program for the Month of
September 1989.
Recommendation: Receive and file.
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Council Member Bowman and seconded by Council Member Age to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance relating to Alcoholic Beverage Warning Signs.
ORDINANCE N0. 830
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION
OF ARTICLE IV, "ALCOHOLIC BEVERAGE WARNING SIGNS" THERETO,
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City Council Minutes October 30, 1989
Council Member Kerry questioned the enforcement of Section 15-93 of the
Ordinance which states if 25% of the public patronizing the premise uses a
language other than English as a primary language, the sign posted would have
to be bilingual.
The City Attorney advised that the Ordinance was modeled after the County's
Ordinance and it would probably be the responsibility of the patrons of the
establishment to set the standard. He further stated that the County Health
Department was the enforcement agency.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
It was moved by Council Member Kerry and seconded by Council Member Bowman to
order the following Ordinance read by title only, title as follows, and to
adapt the Ordinance relative to Commercial Zones and Noise Standards.
ORDINANCE N0. 831
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
10.7 OF APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS RELATIVE
TO COMMERCIAL ZONES AND NOISE STANDARDS THEREOF.
Following a brief discussion, the motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Responding to the Council's concern, the City Manager advised that letters Y -
would be sent to the property owners and major businesses advising them of
this Ordinance and also suggesting that signs pertaining to the delivery hours
be posted near the back entrances of the establishments.
Mr. Bob Southwick of Atlantic Richfield Co. suggested that the oil companies
also be included in the notification process.
CLOSED SESSION: Mayor Arnold recessed the meeting at 6:15 p.m. for a Closed
Session to discuss matters of personnel and/or litigation. The meeting was
reconvened at 7:30 p.m. with all Council Members present and staff members
Beardsley, DeCarlo, Eynon, Hurst and Wicker also present.
PLEDGE OF ALLEGIANCE: Since the Cypress Cub Scout Pack No. 624 was not
present, Council Member Bowman led the audience in the Pledge of Allegiance.
Shortly thereafter, the members of the Cub Scout Pack arrived and again led
the audience in the Pledge to the flag.
PRESENTATIONS:
Mayor Arnold presented a Resolution of Commendation to former Chief of Police
Ronald E. Lowenberg citing his 18 years of service to the community. Chief
Lowenberg expressed his appreciation for the Resolution and his farewell party
and felt reassured that the Police Department was in the capable hands of
Chief Wicker.
Representatives of the Coastline Camaros, Inc., presented Chief Wicker with a
check in the amount of $1,200 for use in the D.A.R.E. program, which was
gratefully accepted by the Chief on behalf of the City.
Ms. Susan Ahlswede, Co-chairperson for the Cypress Grad-Night '90, addressed
the Council and expressed her appreciation for the Council's contribution to
the pilot '89 Cypress High School Grad-Night event and presented a videotape
of the successful event which was attended by 76~ of the graduating seniors.
Ms. Ahlswede requested that the Council consider supporting the 1990 Grad-
Night event.
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City Council Minutes October 30, 1989 2 2 1
Council Member Kanel requested that the request for contributions to the '90
Cypress Grad-Night be placed on the next agenda.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Alan Lavallee, 5501 Lime Avenue, Cypress, addressed the Council expressing
his concern of the liquifaction dangers due to an earthquake since Cypress has
a very high water table.
The Mayor called upon Chief Wicker to elaborate on the City's disaster
' preparedness program and the Chief stated that the development of a multi-
hazard functional plan is currently in process involving bi-weekly meetings
« ~ with all the departments of the City, each responsible for a specific
function. The Chief advised that the Police Department works very closely with
the Neighborhood Watch groups and the C.O.D.E.S. organization to inform the
public with disaster preparedness information. He also stated that soon after
the San Francisco earthquake, Lt. Schaefer and Community Services Officer
Laura Monical visited the Santa Cruz area to make an assessment of the
emergency responses and have returned with valuable information which could be
applied to the City's disaster preparedness efforts.
The Public Works Director advised that he had contacted Hydrotech's Soil
Engineer on the feasibility of dewatering the City and considering the problem
of possible sink holes that may occur, staff could not determine dewatering as
a viable alternative at this time.
The City Manager added that prior to the San Francisco earthquake, a team of
staff people had attended a week-long disaster training exercise in San Luis
Obispo and they were all now deeply involved as a task force.
Mr. Kenneth Gray, a member of the C.O.D.E.S. organization, addressed the
Council and stated that the organization was not progressing as well as it
should since it lacked publicity and a recruitment and training program. He
also stressed the importance of having a list of linguists, conducting a city-
wide drill and employing a full-time director of disaster preparedness.
Following discussion, Chief Wicker advised that a report outlining the City's
emergency preparedness program will be submitted to the City Council which
will also address the possibility of employing a full-time director of
emergency services.
Mrs. Jane Wozniak, 4480 Avenida Granada, Cypress, asked when and where the
C.O.D.E.S. meetings were being held.
Mr. Gray advised that the group met on the 4th Wednesdays of each month at the
old Cypress Elementary School, just north of the Senior Citizens Center.
In response to Council Member Kerry's request about creating a Beautification
Committee to address tree trimming, trees in the median area, and
architectural design along Lincoln Avenue, the City Manager stated that he
would place this matter on the Team agenda and report back to the Council at a
future meeting.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished to address the Council.
CONTINUATION OF AWARD OF CONTRACT FOR ROOT CONTROL BARRIERS. REQUEST FOR
QUOTATION 118990-10: In response to Council Member Bowman's question on
whether the 16" product was adequate or is it the desired size only because it
requires less personnel time for installation, the Public Works Director
requested and was granted a continuance to the next meeting since his
maintenance personnel was not present.
The City Manager reviewed the actions of the City Council at its 5:30 p.m.
session and requested the Public Works Director to respond to Council Member
Kerry"s question as to the specific location of the Districts designated for
tree replacement.
The Public Works Director stated that Districts 25 and 26 are south of Ball,
east of Bloomfield and west of Moody; Districts 35 and 36 are south of
Cerritos, east of Valley View, west of Knott and north of Katella. He further
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stated that the concrete repair contract for the tree replacement program will
be on a future Council agenda and the report would indicate the location of
the replacement trees.
The City Attorney advised that the Closed Session included discussions on the
Hollywood Park matter and the Cypress vs. Kuty issue.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0.
89-16. RETAIL COMMERCIAL CENTER AND QUICK LUBE FACILITY, 5961 BALL ROAD: The
Mayor opened the Public Hearing and referred to the City Manager who called
upon Christine Eynon to present her report dated October 23, 1989, which
stated that this matter was continued from the September 11, 1989 meeting in
order for staff to address several issues brought up at the meeting relating
to the proposed development of a 10,284 square foot commercial center and a
1,800 square foot quick-lube facility at 5961 Ball Road. This site is the
current location of the Mt. Calvary Lutheran Church which will relocate to the
vacant lot on the west.
The Planning Director stated that a neighborhood meeting with the property
owner, proposed developer, representatives of the Tube facility and adjacent
neighbors was held on October 17, 1989, to address the issues of concern as
outlined in the report. She further stated that the applicant had not
submitted an alternate plan, as requested by staff, which would move the
parking in the rear area forward. The applicant believes the proposed plan
provides for a more effective layout of the building and parking, as well as
better onsite circulation.
Mrs. Eynon advised that a traffic study was conducted which revealed that no
further measures were required at this time beyond the conditions that have
been placed on the project. She further stated that all of the issues had
been addressed and recommended approval.
Responding to Council Member Age"s inquiry, Associate Planner Holly Hamlin
advised that there were 14 people in attendance at the neighborhood meeting
and their major concerns were traffic, types of uses in the center and impact
of the noise and security to the adjacent residents.
In response to Council Member Kerry, the Planning Director advised that
Condition X115 states that the rear access doors to the commercial building
shall remain closed during all hours of business, except for deliveries.
The Public Works Director advised that the traffic study was based on the
existing traffic in the area of the project and did not include a projected
traffic analysis.
The applicant, Carl Swain, addressed the Council and stated that he was
present at the September 11 meeting at which time the project was discussed in
depth. He stated that he had met with staff and the neighbors and felt that
all of the concerns expressed had been adequately addressed. He further
advised that 90x of the people at the neighborhood meeting stated that they
were not opposed to the project specifically but were concerned about the
neighborhood traffic.
Mr. Swain felt that parking in the rear area for employees was advantageous
since the employees would not be taking spaces away from potential customers
and most businesses are not receptive to having back door entrances.
No one else wished to speak in favor of the project.
The Mayor asked if there were any one in the audience who wished to speak in
opposition.
Mr. Bob Frenzel, 10022 Myra Drive, Cypress, stated that he was not
specifically opposed to the project but had concerns about exiting traffic
from the proposed center making a left turn onto Ball Road during the busy
afternoon hours.
The Mayor advised that Condition H18 addressed Mr. Frenzel"s concern by
prohibiting left turns out of the center on weekdays from 3:30 p.m. to 5:30
p.m.
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City Council Minutes October 30, 1989 ,~;Z 3
Pastor Dale Johnson of Mt. Calvary Lutheran Church, spoke in favor of the
project and stated that he had worked closely with the applicant and'all,of
the criteria have been met and urged approval of the project:
It was moved by Council Member Kerry, seconded by Council Member Age and
unanimously carried to close the Public Hearing.
Council Member Kerry reiterated her concerns about parking in the rear and.
stated she would prefer to have the building moved back to the wall and have
all the parking and deliveries in the front. She referred to the new Sizzler
site where people have complained to her that there wasp"t adequate parking
and were unaware of the rear parking area.
In reference to the Sizzler parking situation, Council Member Kanel stated
that it was the responsibility of the establishment to provide signs
indicating that parking was available in the back. He believed all the
concerns had been addressed and he supported the project.
In response to Council Member Bowman, the City Attorney stated that the C.C.bR
is subject to his review and he will make certain that a provision be included
to ensure that the development would not become a liability to the City in the
event of change of ownership.
It was moved by Council Member Bowman and seconded by Council Member Age to 1)
Certify the Negative Declaration according to the requirements of the
California Environmental Quality Act and 2) Approve Conditional Use Permit No.
89-16, subject to the 31 conditions included in Exhibit "A".
Council Member Kerry stated that she was in opposition to the project because
the traffic study was not adequate and she objected to the rear parking area.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kanel and Arnold
NOES: 1 COUNCIL MEMBERS: Kerry
ABSENT: 0 COUNCIL MEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT
PERMIT - THE DUNN"S DINER. 6151 BALL ROAD, CYPRESS: The Mayor opened the
Public Hearing and requested the City Manager to present his report dated
October 23, 1989, which indicated that a Live Entertainment Permit had been
requested by Mr. Philip Dunn of Dunn"s Diner located at 6151 Ball Road,
Cypress, to allow an audience participation sing-along with volunteer disc
jockeys to recorded music on Fridays and Saturdays, from 7 p.m. - 10 p.m.
The Affidavits of Publication, Mailing, and Posting of the Public Hearing
notice was on file in the office of the City Clerk and no written
communications either in favor or in opposition to the requested permit had
been received.
Mr. Mark Dunn, the owner of Dunn"s Diner, addressed the Council and stated
that he wanted to establish a family-type restaurant, with no sale of alcohol
beverages. He wished to conduct a spontaneous type of audience sing-along
participation in a 50"s type of atmosphere.
Following discussion, Mr. Dunn stated that he would like to amend the hours on
his application from 7 p.m. - 10 p.m. to 7 p.m. - 12 a.m. on Fridays and
Saturdays and that he would submit another application to include
entertainment on Sundays through Thursdays, from 7 p.m. - 10 p.m.
Mayor Arnold stated that she had gone to the Dunn"s Diner recently and she
could not tolerate the sound emanating from the audio system.
No one else in the audience wished to speak in favor or in opposition to the
application.
The City Manager advised that the applicant would have to submit his new
application early tomorrow morning in order to make the publication deadline
for the November 13, 1989 Council meeting.
It was moved by Council Member Kanel and seconded by Council Member Kerry to
close the Public Hearing and approve the Live Entertainment Permit to allow an
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City Council Minutes October 30, 1989
audience participation sing-along with volunteer disc jockeys to recorded
music on Fridays and Saturdays, from 7 p.m. - 12 a.m., subject to: 1) All
doors and windows remain closed during the entertainment hours, 2) The Council
reserves the right to reconsider the granting of this permit in the event that
noise or other problems associated with the operation at the premise rises to
a level which is of concern to the neighbors; and waive the filing fee, with
the exception of the advertising cost, for the new application to include
Sundays through Thursdays, provided that the applicant submits his application
to the City Clerk on Tuesday morning for publication. „
Council Member Age stated that if the new application is not submitted
tomorrow morning, the filing fee would not be waived and the applicant would
be subject to the regular filing fee for consideration at a later meeting.
Mayor Arnold stated that she was against the granting of this permit because
she felt the applicant was not prepared and she was concerned about the sound
factor.
The motion carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kanel and Kerry
NOES: 1 COUNCIL MEMBERS: Arnold
ABSENT: 0 COUNCIL MEMBERS: None
CONSIDERATION OF PUBLIC HEARING ON APPEAL FROM PROPERTY OWNER OF 4802 NEW
MEXICO LANE CONCERNING NOTICE TO ABATE PUBLIC NUISANCE: The Mayor opened the
Public Hearing and referred the matter to the City Manager who administered
the oath to all parties who would be testifying at the Public Hearing.
The Planning Director summarized her report dated October 3, 1989, regarding
the potential code violation consisting of approximately 275 - 12" long logs
located on the driveway of 4802 New Mexico Lane, Cypress, which has been in
effect for five months and she referred to the violation history outlined in
Exhibit "A". She stated that eight letters were sent, two of which were
requests for an office conference, to try to resolve this matter on the staff
level and exhausting all efforts to obtain compliance by the property owner,
it became necessary to post the property as being in violation of Cypress City
Code Section 13-14, Public Nuisance and Section 13-14(h)(1) which prohibits
storage of lumber on property. She further stated that it was staff"s finding
that the property at 4802 New Mexico is being maintained in a condition that
constitues a public nuisance and a detriment to the health, safety, and
welfare of the residents of Cypress, which the property owner has appealed.
The Vector Control personnel was directed to inspect the property and although
they did not cite the property, they did indicate that there should be an 18"
elevation of the logs stored on the property.
Susan Gildea, Code Enforcement Officer for the City of Cypress, presented a
videotape taken on October 30, 1989, which showed that the logs were not
bounded adequately to insure safety for the surrounding properties.
The Planning Director added that since this property was part of the new
annexed area, she contacted the County and was advised that there is a permit
which allows lumber or construction material to be stored on the property up
to 60 days which in this instance has been five months.
Mr. Leo Black, the property owner, addressed the Council stating that he had
bought the logs to build a log cabin in northern California and he would not
be able to move it until January. He requested an extension of time to
January 1, 1990 and also stated that he planned to place an ad in tomorrow"s
paper to sell the logs in an effort to remove them sooner.
The City Attorney advised that after the conclusion of the Public Hearing if
the Council upholds staff"s determination and denies Mr. Black"s appeal, the
Council could grant a specific period of abatement.
Council Member Kanel stated that there was no question as to the logs being an
unsafe situation for the neighbors but taking into consideration the costs
incurred by Mr. Black, he was willing to allow a 30 day abatement period.
Responding to Mayor Arnold, the property owner advised that the logs have been
there for over a year.
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City Council Minutes October 30, 1989 s~2
Council Member Age stated that she would like to add to Council Member Kanel"s
suggestion and request the logs be immediately tied down securely, set a time
frame and report to the City Manager that the ad had in fact been placed.
There were no one else in the audience who wished to speak on the matter,
either in support or in opposition of the appeal.
The City Attorney recommended that the Council accept the report dated October
3, 1989 and Exhibit "A" attached and the letter from Shirley Rodgers dated
October 24, 1989, as evidence of the record. Hearing no objections, the Mayor
submitted these materials into the record.
It was moved by Council Member Kanel and seconded by Council Member Age to
close the Public Hearing and adopt the Resolution, by title only, title as
follows, denying the appeal filed by Mr. Leo Black.
RESOLUTION N0. 3641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING THE
APPEAL FILED BY MR. LEO BLACK OF THE PLANNING DIRECTOR'S SEPTEMBER 18,
1989 DECLARATION THAT A PUBLIC NUISANCE EXISTS ON THE DRIVEWAY AT 4802
NEW MEXICO LANE IN CYPRESS, CALIFORNIA.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
The City Attorney advised since there is some considerable safety hazard
involved, it may be in the best interest of the City to direct the City
Attorney to file an action and enter into a Stipulated Decree with Mr. Black
so that a court order is on record in the event Mr. Black doesn"t comply with
the action of the Council.
The Council was advised that the City Code provides that the property owner
has 14 days from the adoption of the Resolution to abate the nuisance and the
City Attorney would not go to court until the 15th day in the event the
nuisance is not abated.
Following discussion, it was moved by Council Member and seconded by Council
Member Age to authorize the City Attorney to seek a court order directing the
property owner to immediately abate the nuisance at 4802 New Mexico Lane.
The City Attorney clarified that there would be a 14 day abatement period and
on the 15th day he would file a court action which would be dismissed if the
property owner complies.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE; VARIANCE N0. 89-15. WALL SIGN FOR THE
DINGER BAR. 10461 VALLEY VIEW STREET: The Mayor opened the Public Hearing and
referred to the City Manager who requested Christine Eynon to present the
staff report dated October 13, 1989, which indicated that this was a request
for a variance from Section 15 of the City"s Zoning Ordinance concerning
signage in which the applicant is requesting one additional sign to be painted
on the south wall of the Dinger Bar building, located at 10461 Valley View
Street. The applicant had indicated that there was a hardship because through
code enforcement, staff recently required that a sign painted on the south
wall be removed. She further indicated that the Dinger Bar frontage faces
Valley View Street, and the proposed sign consists of black letters spelling
out "The Dinger Bar" with a red border around the word "Dinger". The sign
dimensions are 4'6" in height and 12"6" in length, totaling approximately 56
square feet in area.
The Council was advised that the City Code does not allow more than one sign
per street frontage and there is already an existing pole sign on the site
which could be modified to indicate the name of the business; therefore, staff
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felt there were no exceptional or extraordinary circumstances involved which
would justify the request of a variance. Staff felt granting of this variance
would further result in a clutter of signage along Valley View Street creating
a detrimental effect upon the surrounding properties.
Notices of the Public Hearing were published, posted and mailed to all
property owners within a 300' radius and no communications either in favor or
in opposition to this matter were received.
Mr. Jimmy•Stilks, General Manager of The Dinger Bar, stated he was
representing the owner, Mr. Jerry Laub, addressed the Council and stated that
they had been there for 20 years and would like to have a sign of raised
letters, not a painted sign, on the south wall.
Responding to Council Member Age, the applicant stated that he had experienced
approximately a 10-15% decline in business since the sign was removed due to
lack of exposure from Cerritos Avenue.
The Planning Director stated that the plans submitted indicated black
lettering with a red border painted on the wall so the variance request was
for a painted sign.
In response to Council Member Kanel, Ms. Eynon replied that if there is a
permit for the pole sign and just the face of the sign is changed, without
increasing the size of the sign, it is a permitted use subject to design
review.
The Planning Director advised the Mayor that the Code permits one pole sign
per parcel. Mayor Arnold stated that pole signs should be restricted to areas
of certain size.
No one in the audience wished to speak either in favor or in opposition to the
variance request.
It was moved by Council Member Kanel and seconded by Council Member Age to
close the Public Hearing and deny Variance No. 89-15, without prejudice, which
would allow the applicant to file the same application within a period of one
year should he wished to do so due to the pending consideration by the City
Council of the City"s Sign Ordinance. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY'S PLANNING
COMMISSION: Mayor Arnold referred the item to Council Member Bowman who had
placed this matter on the agenda.
Council Member Bowman stated that since he moved to Cypress in 1978, Cypress
was the only City he was aware of that did not have a Planning Commission and
that as late as April 1989, the previous Council had considered reestablishing
the Planning Commission. According to previous discussions, the concerns
raised against having a Planning Commission were the cost of 594,000 and the
adding of another layer of bureaucracy. Council Member Bowman estimated the
cost would be approximately 123,000 which was calculated by deleting certain
cost factors in the report that was based on the premise that the Planning
Commission would duplicate the exact process as the City Council. He stated
that in reality, the Planning Commission would work in lieu of the City
Council process and the City Council would only hear appeals filed by the
applicants and/or other concernced citizens which he believed was a good
system. Due to his busy schedule, he advised that he was unable to complete
his survey but had contacted one neighboring city whose Planning Commission
budget was less than 120,000. Since the general consensus of the Council was
to continue consideration of this matter for 60 days, Council Member Bowman
stated he would have the completed data for the Council in January.
Council Member Age stated that she would prefer City staff to gather the
information for the Council and she expressed her concern about the wide
margin of difference between staff"s estimate of 594,000 and Council Member
Bowman"s estimate of 123,000.
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City Council Minutes October 30, 1989
Council Member Bowman advised that staff had conducted a survey earlier in the
year but the information did not include the cost. Another issue he wanted to
address was on how the appointments would be made and he believed that
authority was contained in a planning or administrative manual of other cities
that could also be obtained.
Following discussion, Mayor Arnold recommended further discussion in January
and in the meantime staff and Council Member Bowman can gather more
information.
The Planning Director stated that in their previous survey, it was difficult
to obtain the specific cost for a Planning Commission in other cities because
of how their budgets were structured. She further advised that copies of the
survey were available in the Planning Department if the Council wished to see
them; however, some of the information were not completed correctly since the
cities did not have the capability of detracting the information from their
budgets.
It was moved by Council Member Bowman,. seconded by Council Member Kanel, and
unanimously carried to continue this matter to the first meeting in January.
CONSIDERATION OF CONTINUATION OF CONTRACT WITH ROBERT REIN WILLIAM FROST AND
ASSOCIATES. SORRENTO (TANK FARM REMEDIATION): The Mayor called upon the City
Manager who referred this report to the Planning Director. Ms. Eynon
presented her report dated October 24, 1989, which stated that during recent
weeks Cypress Homes had been in the process of recompacting the soil to
prepare for final grading and development and discovered several small areas
with minor levels of oily soil. She stated that Texaco contacted staff
immediately to meet with their soil consultant and representatives of the
Orange County Health Department, Cypress Homes, the lending institution and
the City. Tests were taken of the areas in question and the results revealed
two areas which contained levels of contaminants above State approved levels
which were cleaned according to the procedures established in the Tank Farm
Site Remediation Plan. The location of the oily soil did not correspond to
the major clean-up areas so it appeared that these smaller areas were not
visible in the original testing.
The Planning Director advised that the City's soil consultant, Hydrotech, met
with the County representative and concurred that the circumstances did not
indicate an emergency but felt that the ongoing site preparation should be
monitored. Additional testing are now being conducted at 75' intervals and
the consultant will on site every week. Staff was requesting continuation of
the contract with Robert Bein, William Frost and Assciates, an environmental
firm, who oversees the work of Hydrotech and assists the City in reviewing the
analysis, in amount not to exceed (15,000.
Responding to Council Member Age, Holly Hamlin, Project Planner, advised that
this process would delay the original opening of the models planned for summer
of 1990 to probably late summer or early fall. She further advised that the
testing procedure involved potholing 10-15' deep at 75" intervals, lot by lot.
Council Member Kerry stated that the testing should also include the park site
and not only the residential areas.
Following discussion, the City Manager advised that staff would pursue the
matter of cost sharing with Texaco since this was an unexpected situation.
It was moved by Council Member Kerry and seconded by Council Member Kanel to
authorize the continuation of consultant services with Robert Bein, William
Frost and Associates, Addendum 2, to include the park site area; and
appropriate 515,000 from the General Fund to Account 114189-11-192.06. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
In response to Council Member Age"s request, the Mayor requested an update at
the next meeting.
CONSIDERATION OF REPORT FROM THE CYPRESS CHAMBER OF COMMERCE REGARDING THE
CITY OF CYPRESS SIGN ORDINANCE: The Mayor referred this matter to the City
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Manager who called upon Christine Eynon to present the staff report dated
October 16, 1989. Ms. Eynon stated that her report summarized the
recommendations from the Cypress Chamber of Commerce"s Committee which
basically directed that a consultant be hired to update the Sign Ordinance to
allow signs that reflect the "human scale" of a project regarding size,
location and frontage. The Committee viewed the city as having different
development districts and recommended that the signage requirements reflect
these different areas.
Mr. Herbert Andrews, 18025-K Skypark East, Irvine, Chairman of the Committee,
addressed the Council and stated that there was a great deal of complexity
associated with the sign ordinance and the Committee recommended the hiring of
a consultant who had the expertise to draft an ordinance taking into
consideration the comments submitted by the Committee and attached to the
staff report. The draft ordinance would then be reviewed by the Committee
followed by submittal to the City Council.
In response to Council Member Kanel, Mr. Andrews advised that the Committee
felt that the existing Ordinance was too restrictive in regards to temporary
window signs which limits it to lOx of the window area. The Committee felt
20-25x would be a more realistic figure. The Committee also recognized the
individual needs of different types of businesses.
Council Member Kanel supported the concept of different development districts
but felt that staff should draft the Ordinance and determine later if a
consultant is needed.
Mayor Arnold said she has always been concerned about signage in the City and
commended the Committee for their input and stated she supported the
Committee"s recommendations.
Both Council Members Bowman and Age felt staff should contact the other cities
~ and draft an Ordinance taking into consideration the comments submitted by the
Committee and felt there was no need to hire a consultant at this time.
The City Manager stated that there would be a problem of prioritizing the
workload in the Planning Department because at this time all the planners are
I~ committed to major projects of the City. He stated that if the Council wished
to place a high priority on revising the sign ordinance, the services of a
consultant would probably be needed. He recommended that this issue be
discussed at the upcoming Council/staff workshop on November 17 and 18.
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Mayor Arnold concurred that this should be further discussed at the workshop,
return with a recommendation and place it again on the City Council agenda.
Council Member Kanel requested that staff provide cost information for a
consultant to be presented at the workshop.
It was moved by Council Member Kerry, seconded by Council Member Kanel, and
unanimously carried to continue this matter to the Council meeting of November
27, 1989.
The City Attorney advised that it was past 11 p.m. and a motion was needed to
continue meeting. It was moved by Council Member Kanel, seconded by Council
Member Age to waive the Ordinance and continue with the agenda. The motion
carried by the following roll vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kanel and Kerry
NOES: 1 COUNCIL MEMBERS: Arnold
ABSENT: 0 COUNCIL MEMBERS: None
CONSIDERATION OF REPORT ON SUPER STREETS PROGRAM: The Mayor referred this
matter to the City Manager who called upon the Public Works Director to
summarize his report dated October 18, 1989, which indicated that this was a
status report on the initial meeting with the Consultant for the Katella
Avenue Super Streeet Project Study which is being funded by the County and the
Orange County Transportation Commission. The Consultant has requested to meet
with the City Council to present its goals and objectives and answer any
questions that the Council may have and in addition designate a City Council
Member to represent the City on a policy advisory committee for this study.
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Mr. Beardsley suggested a workshop meeting to include the Cypress Chamber of
Commerce, the Cypress Transportation Advisory Committee (CTAC), the Cypress
Business Park Transportation Management Association (TMA), and the Cypress
Traffic Commission.
Responding to Council Member Kanel, the Public Works Director advised that the
Consultant would like to schedule a meeting over the next 6 months period
since they would be meeting with each of the cities along Katella Avenue
impacted by the project.
The City Manager suggested that it may be advisable to schedule an afternoon
session and then request the Consultant to return at the 7:30 session to
provide a summary for the public.
Following a brief discussion, it was moved by Council Member Bowman, seconded
by Council Member Kanel, and unanimously carried to schedule a workshop on
January 8, 1990, at 4:30 p.m., for the presentation on the Katella Avenue
Super Street Project Study by the Orange County Transportation Commission, and
designate Margaret Arnold as the Council Member to represent the City on a
policy advisory committee for this study.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 35527 -
35787: It was moved by Council Member Kanel and seconded by Council Member
Age to approve the Warrant List for Warrants No. 35527 - 35787, in the amount
of 5649,360.60.
Council Member Kerry questioned the two identical entries for Century
Products, Inc., located on page 7 of the Vendor Name List for landscaping
supplies. The Finance Director advised that there were two different invoice
numbers, so identical supplies were probably ordered.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CYPRESS RECREATION & PARK DISTRICT MATTERS: The Cypress City Council Acting
as the Governing Board of Directors of the Cypress Recreation & Park District.
CONSIDERATION OF A NAME FOR THE PLANNED SORRENTO HOMES COMMUNITY PARK: The
Mayor called upon the City Manager who referred Marvin DeCarlo to present the
staff report dated October 18, 1989, which indicated that the Recreation and
Community Services Commission met recently to consider a name for the Sorrento
development park site. He stated that the traditional method for naming of
all City/District Parks is to be named after a tree, with several current
parks also named after a person who has made significant contributions to the
park system in the City. The Recreation & Park Director further advised that
the Commission considered over 100 potential names and selected the name of
"Elmwood Park" and recommended the placement of a sign at the proposed park
site stating that this was the future home of "Elmwood Park".
Acting as the ex officio governing Board of Directors of the Cypress
Recreation & Park District,it was moved by Council Member Kanel and seconded
by Council Member Bowman to approve the name of "Elmwood Park" and authorize
the placement of a sign at the proposed Sorrento development park site stating
that the area is the future home of "Elmwood Park".
Council Member Kerry expressed her concern at having another park name
beginning with the letter "E" since Eucalyptus and Evergreen are names of
current parks in the City. She further suggested that since the development
has a Mediterranean style, it may be more appropriate to select a Spanish name
to follow in that line.
Following discussion, Council Member Kanel withdrew his motion and Council
Member Bowman withdrew his second.
Acting as the ex officio governing Board of Directors of the Cypress
Recreation & Park District,it was moved by Council Member Age, seconded by
Council Member Kerry and unanimously carried to publicize in the News
Enterprise requesting citizens to submit names for the Sorrento development
park site which should also include a tree name to be submitted to the
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Recreation and Community Services Commission for their review who will
transmit the top five names to the City Council for approval, unless the
Commission makes an unanimous selection.
CONSIDERATION OF THE SUMMARY EVALUATION OF THE 1989 CYPRESS COMMUNITY
FESTIVAL; The Mayor called upon the City Manager who requested the Recreation
and Park Director to summarize his report dated October 18, 1989. Mr. DeCarlo
stated that the 1989 Cypress Community Festival Committee, chaired by Penrry
Dash, did an outstanding job in the planning .and coordination of the festival.
He stated it was a record breaking festival with over 18,000 people .
participating which included 226 booths and special activities, 1,700
participants in the 5k/lOk Run and 26 chili booths. The 1989 Festival
operating expenditures were 513,890 and generated 511,167. Mr. DeCarlo
further stated that for next year's festival the Committee recommended the
creation of a beer garden to encourage consumption in that area and also
eliminate all other non approved alcohol consumption by the booth
participants. Since next year will be the 10th anniverary of the festival,
new activities were being planned, including a dance to be held prior to the
festival.
Mayor Arnold stated that she, as well as other Council Members, had attended
the festival evaluation meeting and she was very impressed with the efforts of
the Committee to determine on how to improve the festival for next year and
commended the committee.
Acting as the ex officio governing Board of Directors of the Cypress
Recreation & Park District,it was moved by Council Member Bowman, seconded by
Council Member Kanel and unanimously carried to receive and file the report.
RECESS: Mayor Arnold recessed the meeting at 11:50 p.m. to act as the Cypress
Redevelopment Agency. The City Council meeting reconvened at 11:56 p.m. with
all Council Members present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
In response to Council Member Bowman's inquiry about the lane markers and
left-turn arrow at Cerritos/Valley View, the Public Works Director stated that aw
the area was scheduled for sandblasting this week.
Council Member Bowman also commented that the railroad crossing at Valley View
had not improved after the resurfacing. The Public Works Director advised
that the project was not yet completed and would monitor the area after the
work is done.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. There were no written
communications presented.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 12 a.m. to November 13,
1989, at 4 p.m. for a Redevelopment Workshop.
YOR THE CITY OF CYPRESS
ATTEST:
CITY CLE K E CITY CYPRESS
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