Minutes 90-10-29 i
MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October 29, 1990
An Adjourned Regular Meeting of the Cypress City Council was called to order
at 3:06 p.m., Monday, October 29, 1990, in the Council Chamber, 5275 Orange
Avenue, Mayor Cecilia Age presiding.
PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Bacock, Barrett, Beardsley, DeCarlo, Hamlin,
Storey and Wicker.
ORAL. COMMUNICATIONS: For Matters on the 3:00 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF. AWARD OF CONTRACT FOR TREE TRIMMING SERVICE REQUEST FOR
QUOTATION N0. 9091-05: The staff report dated October 10, 1990 indicated nine
bids were received in the Purchasing Office for trimming 114 Eucalyptus trees
and 61 Palm trees.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
accept the bid received from Leonard Chaidez Tree Service, 721 N. Morse Dr.,
Santa Ana, CA 92703 as the lowest responsible bidder and award a contract for
tree trimming service to this company in the amount of 19,280.00. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS; Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None _
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) SIX PASSENGER SEDAN REQUEST
FOR QUOTATION N0. 9091-08: Three bids were received for one six passenger
sedan as indicated in the staff report dated October 12, 1990.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
accept the bid received from Buick Mart, 18800 Studebaker Road, Cerritos, CA
90701 as the lowest responsible bidder and award a contract for the purchase
of one new six passenger vehicle to this company in the amount of 517,117.97.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
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 Kerry requested that Item No. 9, Consideration of Communication
From the Orange County Sanitation Districts Requesting the City Council to
oppose Proposition 128 on the November 6 Ballot, be removed from the Consent
Calendar for further discussion.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
approve the Consent Calendar, Items No. 3 through 15, with the exception of
Item No. 9. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS; None
ABSENT: O COUNCILMEMBERS: None
Item No. 3: Consideration of Approval of City Council Minutes of October 8,
1990 and October 15, 1990.
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City Council Minutes October 29, 1990
Recommendation: That the City Council approve the Minutes of October 8, 1990
and October 15, 1990, as submitted.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Pamela Rae Janowiak, D.B.A. Breakers Cocktail b Pool, 4360
Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 6: Consideration of Proclaiming 1991 as the "Year of Thanksgiving
for the Blessings of Liberty".
Recommendation: That the Mayor and City Council officially proclaim 1991 as
the "Year of Thanksgiving for the Blessings of Liberty".
Item No.. 7: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Wayne Sanders, D.B.A. Prime Time Pizza, 6191-95 Ball Road,
Cypress.
Recommendation: Receive and file.
Item No. 8: Consideration of Adoption of a Resolution Designating the Orange
County Transportation Authority as the Congestion Management Program Agency
for Orange County.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, designating the Orange County Transportation Authority as
the Congestion Management Program Agency for Orange County as defined by SB
838.
RESOLUTION N0. 3840
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AS THE CONGESTION MANAGEMENT
PROGRAM AGENCY FOR ORANGE COUNTY AS DEFINED BY SB 838.
Item No. 9: Consideration of Communication From the Orange County Sanitation
Districts Requesting the City Council to Oppose Proposition 128 on the
November 6 Ballot.
Recommendation: That the City Council concur with the request of the Orange
County Sanitation Districts and go on record in opposition of Proposition 128
on the November 6 ballot.
Item No. 10: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Scot Gov and Lorna Kim Ngov, D.B.A. Deep"s Liquor, 6326
Lincoln Avenue, #K, Cypress.
Recommendation: Receive and file.
Itern.No. 11: Consideration of Proclaiming November 14, 1990, as "Young
Reader's Day".
Recommendation: That the Mayor and City Council officially proclaim November
14, 1990, as "Young Reader"s Day" in the City of Cypress.
Item No. 12: Consideration of Proclaiming November 18-24, 1990, as "Family
. Week".
Recommendation: That the Mayor and City Council officially proclaim the week
of November 18-24, 1990, as "Family Week" in the City of Cypress.
Item. No. 13: Consideration of City of Cypress Lighting District No. 2 - 1990.
Recommendation: That the City Council adopt a 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, 1990 City
Council meeting.
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City Council Minutes October 29, 1990
RESOLUTION NO. 3841
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, 1991, AND ENDING JANUARY 1, 1992.
Item No. 14: Consideration of Property Tax Refund Litigation.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, authorizing the City Attorney to allow the County Counsel of
the County of Orange to represent the City of Cypress' interests in certain
property tax refund matters within certain parameters.
RESOLUTION N0. 3842
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE
CITY ATTORNEY TO ALLOW THE COUNTY COUNSEL OF THE COUNTY OF ORANGE TO
REPRESENT THE CITY OF CYPRESS' INTEREST IN CERTAIN PROPERTY TAX REFUND
MATTERS WITHIN CERTAIN PARAMETERS.
Item No. 15: Consideration of Employment Lists - Police Officer Trainee
(Academy Recruitment) and Dispatcher I/II.
Recommendation: That the City Council certify the Employment Lists for the
positions of Police Officer Trainee (Academy Recruitment) and Dispatcher I/II
as submitted.
END OF CONSENT CALENDAR
Regarding Consideration of Communication .From the Orange County Sanitation
Districts Requesting the City Council to Oppose Proposition 128 on the
November 6 Ballot, Councilmember Kerry stated that she ~vished the public to
know that a letter had been received from the Orange County Sanitation
District expressing their concern about the impact of P~~oposition 128 and she
relayed those concerns bringing them to the citizens' attention.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
concur with the request of the Orange County Sanitation Districts and go on
record in opposition to Proposition 128 on the November 6 ballot.
Councilmember Kanel did not believe that the Council should make an
endorsement against the proposition and if the Council foes, he would not
support it. He would cast a "no" in order to leave it o the voters for their
decision. The motion carried by the following roll cal vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 1 COUNCILMEMBERS: Kanel
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance adding sections to the City Code establishing restrictions
on the operation of leaf blowers.
ORDINANCE N0. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS
13-72.1 TO 13-72.6 TO THE CODE OF THE CITY OF CYPRESS ESTABLISHING
RESTRICTIONS ON THE OPERATION OF LEAF BLOWERS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes October 29, 1990
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving CUP 90-23 and
amendment to Specific Plan No. 89-1.
RESOLUTION N0. 3843
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 90-23 AND AMENDMENT TO SPECIFIC PLAN N0. 89-
1 - WITH CONDITIONS (CYPRESS GOLF CLUB, KATELLA AVENUE, WEST OF WALKER
STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBE ~S: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney advised Mayor Age to announce at the 7:30 p.m. portion of
the Agenda that the items, commencing with No. 30, were considered and acted
upon during the 3:00 p.m. portion of the Agenda and allow any individuals who
may wish to speak to come forward at that time.
CONTINUATION OF CONSIDERATION OF REPAIR OF FENCING ON CITY-OWNED LOT AT THE
NORTHWEST- CORNER OF CERRITOS AND MOODY - V.F.W. POST N0. 9847: Councilmember
Kanel stated he had brought this item to the Council's attention and the staff
report dated October 12, 1990 contained the costs of fencing options. The
City Manager reported that the options were to repair the existing block wall
and remove and replace the grapestake fence with equivalent fencing for 52500
or repair the existing block wall and remove the grapestake fence and replace
with a block wall for 54000. Councilmember Kanel suggested that the fencing
be uniform and replaced with the stronger block wall in the interest of
safety. He moved to direct the staff to repair and ?nstall the block wall and
that the VFW had indicated to him that they would make a contribution of f500.
Councilmember Bowman remarked that, according to the staff report, the block
wall is owned by the property owners contiguous to the north and asked if the
City would make any effort to contact the neighbors to determine if they would
share in the cost. He suggested that if the neighbors don"t want to share the
expense with the City, the fence should be constructed City property.
After further discussion, Councilmember Kanel agreed to amend his motion to
indicate that if the neighbors refuse to pay for their half of the fence, then
the City will build the block wall fence on its property. Councilmember
Bowman seconded the motion and it was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF DISCUSSION RELATING TO PROBLEMS AFFECTING
CYPRESS RESIDENTS AT THE LINCOLN/MOODY APARTMENTS, 9090 MOODY STREET, CYPRESS:
The staff report dated October 17, 1990 indicated that the Council visited the
site as ~~art of its adjourned regular meeting of October 15, 1990. A formal
letter was sent to the owners on October 12, 1990, which specified the items
to be corrected and allowed 21 days to complete the corrections. If, after
inspection of the premises on November 2, 1990, the City Bi!ilding Inspector is
not satisfied that the corrective work has been properly completed, a request
for further a:tion will be filed with the City Attorney.
Mr. Milton Yates, attorney for the apartment building owners, 6119 Ball Road,
Cypress, reported the owners have complied with all the conditions outlined
except for the balconies and there is a question as to the type of footing
required. Thy owners are attempting to resolve the water situat~on by having
bypasses instilled so that all the apartment dwellers will not b~~
inconvenience? at one time.
After some discussion on asbestos, staff advised that the apartment owners
have been made aware of SCAQMD rule 1403 which addresses the item. Discussion
on this item was deferred tc the 7:30 p.m, portion of the agenda for any
further testimony.
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CONSIDERATION OF A REQUEST FROM THE GREATER LONG BEACH CHRISTIAN SCHOOLS FOR
LEASE EXTENSION AT THE FORMER OXFORD SCHOOL FACILITY: The City Manager
summarized the staff report dated October 22, 1990, which indicated a letter
has been received from Mr. Dennis Brown, Superintendent of the Greater Long
Beach Christian Schools, requesting the City Council to consider obtaining a
lease extension from the Anaheim Union High School District for the former
Oxford facility. The intent would be to seek a one year extension for both
the Master and Sublease to allow the Christian Schools to continue operation
in the former Oxford facility which would allow sufficient time to negotiate a
longer term lease between the three agencies.
Responding to Councilmember Bowman's question on first right of refusal, the
City Attorney answered that the City is fairly well protected under state law,
in that the City would have first right of refusal for a long-term lease or
sale of thE~ property which has been used over the past eight years as a school
playground, recreational or open space facility. If the City did not acquire
the property it would still be limited to PS uses under City ordinances.
Councilmember Kanel recommended that a Council committee have serious
discussions with the Superintendent of Schools and their Board for a lease
longer than one year and try for a minimum five year lease.
Councilmember Kerry commented that she would prefer to work with a five year
lease, which appeared to be more desirable to everyone.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
direct the City Manager and the City Attorney, along with two members of tt~e
City Council to contact the Anaheim Union High School District the latter part
of November in an attempt to extend the lease for more than one year. Mayor
Age suggested that she and Councilmember Kerry be the City Council
representatives. Councilmember Kanel concurred. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PROFESSIONAL SUPPORT SERVICES FOR THE NEW SENIOR CITIZENS
CENTEP, DEVELOPMENT PUBLIC WORKS PROJECT N0. 9033: The Public Works Director
summarized the staff report dated October 11, 1990, which outlined the
additional assistance needed to proceed with the various aspects of the new
Senior Citizens" Center Project Development. The areas in which staff needs
support services include soils testing and analysis, construction management
and asbestos testing and abatement.
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to:
1) concur in the purchase order contract for soils analysis of the Senior
Citizens" Center project site to GeoSoils, Inc., 1446 East Chestnut Avenue,
Santa Ana, CA 92701, in an amount not to exceed #3000; 2) authorize staff to
solicit proposals and to proceed with the consultant selection process for
acquiring construction management services, in accordance with the City"s
established consultant selection procedure; and 3) authorize staff to solicit
bids for a project to remove the asbestos from the Senior Citizens' Center and
the City-owned portions of the former Cypress Elementary School. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Some of the Council suggested that Item No. 36 be moved forward because so
many citizens were present for that item and hearing no objection, Mayor Age
so ordered. Prior to that; however, the City Manager suggested that the newly
appointed alternate to the Senior Citizens Commission be presented his
certificate of appointment.
Mayor Age then presented the Certificate of Appointment to Paul Angers newly
appointed Alternate to the Senior Citizens Commission.
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City Council Minutes October 29, 1990
Recreation & Park District Matters
CONSIDERATION OF SENIOR CITIZENS CENTER DESIGN DEVELOPMENT REPORT AND
AUTHORIZATION TO PROCEED WITH FINAL PLANS AND SPECIFICATIONS: The City
Manager requested the Recreation and Park Director to present the staff report
dated October 10, 1990, which indicated that the Council had retained The Sata
Collaborates, Inc. with John Carl Warnecke & Associates for professional
designs services for the development of a comprehensive Senior Citizens
Center. The project has been segmented into three phases: 1) Design
Development; 2) Construction Document and Bidding and 3) Construction. He
then introduced Mr. Frank Sata, President of Sata Collaborates, Inc., who
reviewed the process and summarized the Design Development Report for the
proposed Cypress Senior Citizens Center Development. Mr. Sata presented
slides showing different exterior views of the proposed Center with the
galleria concept.
After the presentation, Mayor Age announced that a communication received from
the Seniors indicated they were in favor of the project and encouraged the
Council to approve it.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry that
the City Council, acting as the ex officio governing Board of Directors for
the Cypress Recreation and Park District, approve the Design Development
Report for the Cypress Senior Citizens Center as prepared by The Sata
Collaborates, Inc., as recommended by the Cypress Senior Citizens Commission.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUP~~ILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUN~ILMEMBERS: None
ABSENT: 0 COUN~ILMEMBERS: None
Ms. Mary Dobrick, Chairmen of the Senior Citizens Commission, expressed the
Seniors" pleasure at the proposed project and thanked everyone that had
participated in this project.
RECESS: Mayor Age caller a recess at 4:21 p.m. and reconvened the meeting at
4:30 p.m. with all Counc lmembers present.
CONSIDERATION OF ORDINANCE REGULATING THE COMPETENCY OF PLUMBERS WORKING IN
THE CITY OF CYPRESS: Councilmember Kanel requested that this item be placed
on the Agenda for Council consideration of an ordinance which, as addressed in
the staff report dated October 17, 1990, would require that all plumbers,
prior to working in the City, pass a competency exam and be issued a
certificate of competency. No agencies in Orange County have such a law in
effect. Councilmember Kanel stated he believed that this would be appropriate
for the Council to consider for approval as it protects homeowners.
After discussion on various plumbing activities, Councilmember Kanel stated
that 'the only question was how does the City protect that homeowner from
unscrupulous individuals. Mayor Age asked if there is a problem, will
P.I.P.E. rectify it.
Councilmember Bowman asked for an opportunity to research the item further.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue this item to the meeting of November 13. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO 41617 -
41918: It was moved by Councilmemk~er Bowman and seconded by Councilmember
Kerry to approve the Warrant List for Warrants No. 41617 through 41918 in the
amount of 5744,362.26. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes October 29, 1990
RECESS: Mayor Age recessed the meeting to enable the Council to act as the
Cypress Redevelopment Agency. The meeting reconvened at 4:50 p.m. with all
Councilmembers present and Mayor Age immediately recessed the meeting to allow
the Council to enter a Closed Session to discuss matters of personnel and
litigation. The meeting reconvened at 7:35 p.m. with all Councilmembers
present.
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman.
The City Manager reviewed the actions taken by the Council during the 3:00
p.m, portion of the Agenda, whic'~ included action taken on those items under
Deferred Business, New Business, Recreation & Park District Matters and
Cypress Redevelopment Agency Matters. It was suggested by the City Attorney,
since it was not published on the Agenda itself but it was announced at the
last meeting that those items, except for public hearings, would be held
during the 3:00 p.m. Session. If anyone has comments on those items, it would
be possible hear testimony at this time.
The City Attorney summarized the discussions held during Closed Session on a
personnel matter and a matter of pending litigation.
Mayor Age announced that Item No. 31, Problems at the Lincoln/Moody Apartments
would be opened to hear any testimony from a representative of the tenants"
association. No one wished to comment on any of the other items heard
earlier.
PRESENTATIONS:
Mayor Age presented the Certificate of Appointment to newly appointed
Recreation & Community Services Commissioner Gloria Livingston.
Mr. Michael C. Moreland of Moreland & Associates, Inc. presented two awards
from The Government Finance Officers Association of the United States and
Canada to the City of Cypress and to the Finance Director Richard Storey. Mr.
Moreland mentioned that this was the fifth consecutive year that the City has
won these awards.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. No one wished
to speak.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
Regarding the Lincoln/Moody Apartments, Mr. Brad Barnett, 9090 Moody Street,
Apt. 233, Cypress, stated that he believed the issue to be moot. The
management company, CSM, has complied with the solutions to the problems
presented to the Council. The tenants, at this time, have no complaints with
CSM, are pleased with the maintenance and look forward to continuing good
relations.
It was moved by Bowman and seconded by Councilmember Kerry to receive and file
the staff report. The motion unanimously carried by the following roll call
vote:
DYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: O COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
N0. 90-17 GASOLINE STATION CAR WASH AND MINI-MARKET WITH THE SALE OF
OFFSITF BEER AND WINE 6000 CERRITOS AVENUE: Mayor Age opened the public
hearin~~. The City Manager reported this item was continued for further study
and requested the Interim Planning Director to present the staff report dated
Septem~er 14, and Octoher 12, 1990 which represented a request to demolish an
existing automobile service station and construct a new gasoline station with
a mini-market and an a~,tomatic car wash. The pr~~posed project also includes
the sale of offsite beer and wine and 24 hour truck deliveries. In accordance
with the requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project. Notices of the public hearing
were sent to property owners within a 300-foot radius. Staff did receive
further correspondence in the form of petitions against the project circulated
by the owners of Papa Joe"s Liquor Store.
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City Council Minutes October 29, 1990
Mr. Steve Solomon, an attorney representing Texaco, stated they have not seen
or received copies of the petition. He presented additional evidence
regarding some of the issues, i.e., Texaco complies, at this location, with
all the rules and regulations of the Department of Alcoholic Beverage Control.
He provided the Council with copies of a windshield survey regarding the
businesses in the area. The issue is whether there is an overconcentration of
offsite liquor sales in the City of Cypress and based on the staff report
there is no concentration of offsale establishments. A floor plan diagram and
artist"s rendering were prepared and presented to the Council. Mr. Solomon
encouraged the Council to follow the facts and the law in that there is no
legal or factual basis to deny the conditional use permit. He introduced a
representative of Texaco and the engineer on the project to answer any
questions from Council.
Mr. Patrick Fiedler, professic>nal engineer with Fred Fiedler and Associates,
2322 W. Third Street, Los Angeles, responded to Councilmember Kanel who asked
for a comparison between various gasoline station remodels.
Mr. Jim Alley, Texaco Oil ComF~any, real estate agent for the area, responded
that Texaco chooses to market as a gasoline marketer with food rather than a
convenience store with gasoline.
After some discussion, Councilmember Kanel remarked that the oil companies
could continue to remodel the older gasoline stations, sell the gasoline and
forego the offsite sale of beer and wine.
Mr. Solomon stated that if a product is authorized for sale, it should not be
disallowed as long as it is atle to be controlled and Texaco is able to
control it.
No one else wished to speak in favor of the application.
Mayor Age asked if anyone wished to speak in opposition to the application.
Ms. Cherie Hippler, 6271 Barbardos, Cypress, representing the Cypress High
School PTSA, read a statement which was a result of the last Cypress PTSA
executive board meeting. A motion was passed to oppose the application of
Texaco to build a gasoline station that also sells alcohol. The Cypress High
School PTSA encourayed the Council to vote against the Texaco application.
Responding to a comment from Ms. Hippler, the City Attorney stated the law is
that a local government body has been preempted by state law and cannot deny a
use permit such as before Council solely on the ground that alcoholic
beverages are sold.
No one else wished to speak against the application.
Mr. Solomon responded that Texaco does not intend to abuse its privileges and
he requested and suggested that Council follow tFre opinion of the City
Attorney and the staff recommendation in this matter. He stated that it is
Texaco"s position that they cannot put the capital into remodeling this
location unless it is given the right to sell beer and wine at the location so
there has been no change in Texaco"s position.
Councilmember Kerry expressed her concern about the additional traffic that
would be generated from the sale of beer and wine at that location. There are
already traffic problems and that is an extremely busy corner. She believed
that there was already a tremendous amount of traffic generated from the
businesses there and would have a real problem approving beer and wire because
of the additional traffic that it will generate.
Councilmember Bowman asked if there has been a traffic study on this
intersection to determine the impact. The Public Works Director resF~onded
that an in-house analysis was made and the traffic flow optimized.
Councilmember Kanel asked if Councilmember Bowman was suggesting that a
traffic study be performed, the City choosing the traffic consultant and have
the developer pay for that study. rouncilmember Bowman stated that he didn'i
think all the facts were in and he could not be comfortable making a decision
predicated on the information before the Council at this time.
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City Council Minutes October 29, 1990
Councilmember Arnold expressed her opposition of this use at this location and
a traffic study is not needed to witness accidents. She stated that she felt
it was not a safe environment on that corner for the large delivery trucks,
the traffic, school children walking down the street and it is not a safe use
for that corner. She is against the project for those reasons.
After further discussion, Council asked the applicant if they would be willing
to pay for a traffic study by a consultant that is selected by the City. Mr.
Solomon stated that there is no problem agreeing on an amount as long as the
Council guarantees a neutral and objective traffic study.
The City Attorney reviewed the process to be followed should this public
hearing be continued with a new Council. He recommended that the preferred
approach would be to readvertise and have another public hearing. Mr. Solomon
requested that the option be left open as to which process be chosen as he
would discuss this matter with his client.
After same discussion, the applicant agreed to continue this item to the
second meeting in January.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
request a traffic study be compiled for that location and continue this item
to January 28, 1991. Councilmember Kanel stated, for the record, that this
was the best approach to take because of the legal interpretations thrust upon
the Council at this time and it is also the most cautious approach. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO DEVELOPMENT
AGREEMENT N0. 90-1 FOR THE CYPRESS BUSINESS AND PROFESSIONAL CENTER: Mayor
Age opened the public hearing. The City Attorney reported that we do not have
a Development Agreement that has been negotiated with Cypress Development at
this time. He recommended that this item be continued to November 26, 1990.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue the item to the November 26, 1990 Council meeting. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
N0. 90-21, U-HAUL RENTAL SERVICE. 4912 BISHOP STREET: The public hearing was
opened by Mayor Age. The City Manager called upon the Interim Planning
Director to present the staff report dated October 15, 1990, which represented
a request to operate a U-Haul Truck Rental Service at 4912 Bishop Street.
This item was continued from a previous meeting to allow time to address
concerns. Five areas of concern were discussed: setback of the trucks from
the east property line; designation of a rental vehicle parking area; raised
landscaped planter; prohibiting the parking of commercial trucks on Bishop
Street and repairs done onsite. In order to address the first two areas of
concern, the applicant has submitted a new site plan. Issues 3, 4 and 5 have
been addressed through additional conditions of approval. Staff has received
additional communication regarding this application from a property owner, Mr.
Patrick Griffiths, who addressed the same concerns that have been discussed. '
The applicant, Mr. Nasr Semaan, 9051 Moody Street, Cypress, stated that repair
work would be done from 8:00 a.m, to 4:00 p.m. only. He requested that
Condition No. 41 be amended from "23 feet" to "26 feet."
No one wished to speak in favor of the application.
Mayor Age asked if anyone wished to speak in opposition to the project.
Frank and Janet Correia, 4906 Bishop Street, Cypress, presented a petition
against the project from people in the area. Mr. Correia stated that nonE of
the neighbors want to go through what they have experienced for the last two
years. He mentioned that there has been five burglaries in the neighborhood
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City Council Minutes October 29, 1990
during the past year, people renting the trucks using his driveway as a
turnaround and he considered any damage to his property the City's liability.
Mrs. Correia stated that even the business people have expressed concern with
this project because of the truck and customer Farking on the street.
Councilmember Kerry pointed out that the customer parking will be in front,
truck parking at the back and Mr. Correia mentioned that the plan was better
than previously presented.
Councilmember Kanel mentioned that the problem o' this entire matter is that
the street is zoned commercial and it has a certiin worth to the residents.
Mr. Sugamura, church pastor at 4872 Bishop Street, Cypress, stated that Mr.
Semaan came to the church and explained his project and received opinions from
the church board. The members were concerned about trucks parking on the
street on Sundays, taking up on street parking for church goers.
No one else wished to speak in opposition to the project.
The applicant stated that he believed the on street parking situation had
already been resolved. Regarding the hours of operation, Mr. Semann stated he
was open in the summer from 8 to 6 and in winter from 8 to 5 and is open on
Sunday morning for two hours 8:00 a.m, to 10:00 ~~.m.
Councilmember Kanel recommended that the Sunday ?~ours be changed to 9:00 a.m.
to 11:00 a.m. The applicant agreed to this chan~~e.
Mayor Age reminded the applicant that the Council does have the right to
revoke this conditional use permit if he does not comply with all the
conditions.
After further discussion, it was moved by Councilmember Kanel and seconded by
Councilmember Kerry 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. 90-21 subject
to the conditions in Exhibit "A" including the additional conditions discussed
on page 2 of the staff report. Councilmember Kanel cautioned the applicant
that it was up to him to run the business correctly. He also stated, for the
record, that Council has talked to the owner, he has agreed to comply with the
conditions but it is a common-sense approach on some of the items. The
Interim Planning Director clarified in Condition No. 51 that auto repair be
conducted within the regular hours of business operation from 8:00 a.m, to
4:00 p.m. Also modify Condition No. 41 to allow the maximum truck length up
to 26 feet. Councilmember Bowman will not support the motion and urged the
Council to vote against the motion because it is not a proper use of the site,
the lot is too small and too narrow and is not conducive to this use.
Councilmember Arnold stated that this use negatively impacted the other
business and the residents on Bishop Street. The City needs a facility for a
U-Haul business in Cypress, but is concerned abou, this site for that
business. She would not support the motion. Mayer Age will support the
motion but is not fully in favor of the program because there are disgruntled
neighbors which she does not like to see and has asked the Interim Planning
Director if she gets complaints, this item be returned for Council discussion.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel, Kerry and Age
NOES: 2 COUNCILMEMBERS: Arnold and Bowman
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE TRACT MAP N0.
14365. 12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION 8212 GAY STREET: Mayor
Age opened the public hearing. The Interim Planning Director presented the
staff report dated October 4, 1990, which indicated a request had been
received to divide three parcels into 12 parcels including two cul-de-sac
streets at 8212 Gay Street for the future development of 12 single-family
homes. At the time of annexation, the City held many public hear ngs
regarding the proposed zoning for these parcels and the annexatio~~ area in
general. To address the issue of farm animals, the City zoned the subject
parcels RS-6,000 Residential Single-Family and created the Farm Animal Overlay
Zone. The short term intent of the Farm Animal Overlay Zone was o provide
regulations for the keeping of farm animals that presently exist. Based on
the intent of the Farm Animal Overlay Zone, Mrs. Gail Simonz would not be
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City Council Minutes October 29, 1990
required to relocate her barns or stables and the applicant should not be
restricted beyond the required development standards in the Zoning Ordinance.
Staff feels that the two uses can coexist in harmony.
The City Attorney explained that uses that are not permitted in the City were
brought in when the annexation took place and established them as legal
nonconforming uses and would terminate over time. As long as the farm animals
are retained, then they are entitled to do so with no limitation.
Councilmember Kerry commented that Gay Street is long and narrow and dogs not
have adequate turnaround at the end and we are now talking about developing
it. She expressed real concern with the narrowness at the end the street and
wondered if a study of the circulation system should be conducted before
approval of the project.
Mr. Larry Johnson, developer of the houses on Denni and Gay, stated that he
does not have any problem with the conditions of approval and they will be
developing the street at a later date. In the conditions of approval, there
is a requirement for cash bonding to take care of the properties on the
street.
Mrs. Gail Simonz, property owner, 8162 Gay Street, Cypress, thanked Council
for the nonconforming use permit but would like to see it in writing so there
will be no future problem because that is not the way it is written in the
farm overlay program.
The City Attorney stated that the requirement in the code may be interpreted
so that it would not have to be changed, but if the code needs to be changed,
a recommendation will be made.
Mrs. Simonz asked at consideration be given to requiring single story houses
next to her property and how the street drainage will affect her property.
Councilmember Kerry stated that before the Council can approve something the ,.r
Council has to insure that the code has changed so that Mrs. Simonz will not
be in this same situation in the future.
No one else wished to speak in support of or oppositi~~n to the application.
Mr. Johnson commented that he is trying to do everything possible to help her
Mrs. Simonz keep her horses.
Mr. Larry Johnson, Jr., Torrance, stated he had spoken with Mrs. Simonz many
times and he had advised her of the value of her property. He also stated
that Gem Avenue does cross into Gay Street and there is a block wall there
which could be taken down in order for traffic to loop through.
Mr. Chuck Hobbs, 23545 Crenshaw Blvd., Torrance, owner of the property at 8232
Gay Street, stated that they accept their conditions for their p.rcel map and
would also be good neighbors to thc?se surrounding them.
The Public Works Director responded that street improvements built by the
developer will be required to be engineered not to cause drainage problems to
adjacent properties.
Mr. Johnson responded to the question of single story houses and he stated
that the architect is doing a cost study. He would consider it tut wouldn"t
make a commitment because it is quite costly.
Councilmember Arnold commented that she had no problem with the developers'
plans but still has a concern for Mrs. Simonz and if there was any way to
condition this application so that her property is protected and the rewriting
of the ordinance with a statement clarifying the farm animal overlay.
The City Attorney advised that the problem is with the nonconforming use;
however, the City would not apply the 50 foot standard of the Ordinance in
this case where the Council makes a decision to permit the development and
suggested that instructions might be given to file a variance to provide the
assurance Mrs. Simonz desires.
After some discussion, Councilmember Kanel concurred that a variance would
probably be the method to use. The City Attorney advised that the 50 foot
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City Council Minutes October 29, 1990
distance was fairly typical for farm animals from residences. Councilmember
Kerry felt that Mrs. Simonz request to have the houses limited to one story
was a realistic request. Mayor Age would asked that the developer consider
this request but would not demand it in a motion.
Councilmember Kerry viewed the circulation as a problem in the area and
suggested that this area be master planned.
It was moved by Councilmember Bowman 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
Tentative Tract No. 14356 subject to the conditions. Councilmember Kanel
asked that the developer consider the possibility of building a one story
house on one of the lots close to Mrs. Simonz. Councilmember Bowman amended
his motion to include the instruction to the City Attorney to provide the
Council with the appropriate method of addressing the nonconforming use and
the 50 foot distance requirement and Councilmember Arnold concurred. The
motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Arnold
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP N0.
90-263, DIVIDE ONE (1) PARCEL INTO FOUR (4) TO CONSTRUCT FOUR (4) SINGLE-
FAMILY HOMES. 8232 GAY STREET: Mayor Age opened the public hearing. The
Interim Planning Director presented the staff report dated October 16, 1990,
which indicated that this project is running concurrently with the project
just discussed. It meets all of the requirements of the General Plan Zoning
Ordinance and Subdivision Ordinance.
Mr. Chuck Hobbs, owner of the property at 8232 Gay Street, 23545 Crenshaw
Blvd., #202A, Torrance, stated he agreed to all the conditions as outlined by
staff.
Mayor Age asked if anyone wished to speak in support of or opposition to the
application. No one did so.
It was moved by Councilmember Bowman 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
tentative Parcel Map No. 90-263 subject to conditions. The motion carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
N0. 90-22. FIVE (5) UNIT APARTMENT COMPLEX, INCLUDING ONE (1) DENSITY BONUS
UNIT AND VARIANCE N0 90-16. PARKING SPACE IN FRONT YARD SETBACK. 8712 BELMONT
AVENUE: Mayor Age declared the public hearing open. The Interim Planning
Director presented the staff report dated October 15, 1990, which indicated
this item was continued to allow Council to visit the site. The proposed
project represented a request to construct a five (5) unit apartment complex
including one (1) density bonus unit at 8712 Belmont Avenue. This application
also included a request to vary from the City of Cypress Zoning Code Section
to allow one (1) parking space with the required front yard setback.
Responding to Councilmember Bowman"s question on widening the street at this
time, the Public Works Director recommended having the improvements bonded for
some future construction and they could still park in the area but it would be
unimproved.
Councilmember Kerry stated unless Merten Street is a bad area for pedestrians
and traffic and the more development, the more problems with traffic.
Mr. Ed Bonnani, Bonanni Development, 5142 Bolsa Avenue, #103, Huntington
Beach, stated he believed that the real issue is a street-widening problem.
He also stated that he did not have a problem with constructing the street
improvement rather than posting the bonds if that is desired.
12
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City Council Minutes October 29, 1990
Mayor Age asked if anyone wished to speak in support of the application. No
one wished to do so. She asked if anyone wished to speak in opposition to the
application.
Mr. Joe Sheets, 4802 Merten Street, Cypress, thanked Councilmember Kerry for
visiting the site and reported that the south side of the street was posted
"no parking" and there is constant parking. When cars are parked on both
sides of the street, only one vehicle can pass and it is a very dangerous
situation, especially when children are playing on the street.
Mr. Gene Andre, 4143 Sussex Circle, Cypress, property owner on Belmont Street
directly across the street from the proposed project, stated that Belmont
Street is also a very narrow street, is not congested at this time because
there hasn't been the amount of construction as on some of the other streets.
He talked about the problem of public safety and did not support the granting
of a variance for this type of construction.
After some discussion, Councilmember Kanel mentioned that it might be well to
consider a moratorium in the area.
Mr. Andre stated he believed that there should be a halt on construction in
the area until the streets are widened.
Councilmember Kerry concurred with Councilmember Kanel and mentioned that
those streets have to be widened.
Mr. Craig Bennett, 8702 Belmont Street, Cypress, expressed his concern about
the safety of his two children and with the traffic on the street. He
believed this project would be a change for the worse.
Mr. Wei-Chafing Chen, 4802 Grace Avenue, Cypress, agreed with the previous
testimony and objected to the additional density in the neighborhood, the
additional traffic and parking p•oblems. Front lawn parking is not the
solution.
Mr. Ed Uggans, 4793 Grace Avenue, Cypress, remarked that the neighborhood
needs to be considered in totality. The neighborhood doesn"t have street
lights, there is consideration o` adding to the congestion and he asked
Council to look into the matter.
Mr. Max Bonanni pointed out that the house that was on the property was
uninhabitable. He stated that they were willing to dedicate ten feet, build
the curbs and gutters and didn"t believe their project should be a scapegoat
for all the streets.
Councilmember Kerry expressed the feeling that there is a situation that needs
investigation.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
close the public hearing, certify the Negative Declaration and deny Variance
No. 90-16. Councilmember Bowman stated that his reason for the denial is that
the Council is not really in a position to approve a variance. Councilmember
Arnold expressed her concern about the congestion in the area, suggested
looking at the area and planning its development. Councilmember Kerry
commented that the owner has been put in the middle of a situation, had no
idea o~f the complexities and she believed it would be appropriate to approve
this request and then place an interim morat~irium on anything that would
increase the density in the area. Councilmember Kanel remarked that it seemed
A..~..
that a moratorium could be considered for that general area. The request
before the Council would not make or break anything, there is a good faith
effort involved, it would be unfair and he could not support the motion.
Councilmember Bowman suggested that prior to the implementation of a
moratorium, a Council workshop should be conducted. Mayor Age stated that she
would support. the motion to deny the Variance because there is a problem in
that area that needs review.
After further discussion, Councilmember Bowman amended his motion to include
the denial of the conditional use permit without prejudice and Councilmember•
Arnold supported the amendment.
The motion carried by the following roll call vote:
13
City Council Minutes October 29, 1990
AYES: 3 COUNCILMEMBERS: Arnold, Bowman and Age
NOES: 2 COUNCILMEMBERS: Kanel and Kerry
ABSENT: 0 COUNCILMEMBERS: None
Due to the lateness of the hour, Mayor Age asked for a motion to continue the
meeting. It was moved by Councilmember Bowman and seconded by Councilmember
Kerry to continue the Council meeting past 11:30 p.m. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
N0. 90-24, PUBLIC SAFETY/LAW ENFORCEMENT UNIFORM AND EQUIPMENT SALES
DISTRIBUTION AND STORAGE 5696 CORPORATE AVENUE: Mayor Age opened the public
hearing. The staff report dated October 12, 1990 indicated that this matter
was continued from the October 8, 1990 City Council meeting and the applicant
is now requesting that the application be withdrawn due to the company"s
decision to locate elsewhere because of the proximity of existing competition.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
accept the withdrawal of Conditional Use Permit No. 90-24. The motion
unanimously carried by the followin~l roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Age recessed the meeting at 11:35 p.m. and reconvened at 11:50
p.m, with all Councilmembers present..
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR
DAMIANO TRUPIANO D.B.A. DOMINIC"S PIZZA & ITALIA~1 RESTAURANT, 5491 BALL ROAD
~0, CYPRESS: Mayor Age declared thE~ public hearing open. The City Manager
presented the staff report dated October 22, 1990 which represented an
application for a Special Permit to allow door-to-door solicitation for the
sale of coupon books in the City of Cypress, as requested by Mr. Damiano
Trupiano, D.B.A. Dominic"s Pizza & Italian Restaurant, 5491 Ball Road, Dd,
Cypress. The public hearing notices have been put;lished, posted and mailed.
Following the testimony taken at the Public Hearing, the City Council may deny
the permit; conditionally approve the permit; or unconditionally approve the
permit. In the past, door-to-door solicitation permits have been approved with
the condition that the solicitation be limited to Monday through Saturday,
from 9:00 a.m, to 6:00 p.m. (daylight hours only)
Mr. Salvatore Trupiano, representing the applicant, 63] Barker Way, Placentia,
stated that he has sold coupon books before for four years and this would be
the second year in Cypress. A coupon book costs 56.00, is a tremendous
savings and he requested the ability to sell the coupon books for only two
weeks each year.
Mayor Age asked if anyone wished to speak in support of or in opposition to
the request. No one wished to do so.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
close the public hearing and approve the Special Permit for Dominic"s Pizza b
Italian Restaurant. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
89-23, TENTATIVE TRACT MAP N0. 14404, CONDOMINIUM CONVERSION OF SEVEN (7)
APARTMENT UNITS INCLUDING ONE (11 DENSITY BONUS UNIT 9562 WALKER STREET:
The public hearing was opened by Mayor Age. The Interim Planning Director
summarized the staff report dated October 10, 1990, which represented a
request to convert seven apartment units to condominiums including one (1)
density bonus unit. Also included is a request to subdivide one parcel into
one parcel for the sale of condominium units. According to the requirements
14
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City Council Minutes October 29, 1990
of the California Environmental Quality Act, a Negative Declaration will be
filed for this project. Notices of the public hearing were posted, published
and mailed to all property owners within a 300 foot radius.
Mr. Tom Gausepohl, 1171 Via Estrellada, Fallbrook, advised that they will be
adding one more parking spot than that originally planned for the apartments.
No one wished to speak in support of or opposition to the application.
It was-moved by Councilmember Bowman 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
amendment to Conditional Use Permit No. 89-23 and Tentative Tract Map no. 90-
14404 subject to conditions. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 90-17, SUBSTITUTION OF
SHUTTLE BUSES INSTEAD OF 24 ADDITIONAL REQUIRED PARKING SPACES, MCDONNELL
DOUGLAS BUILDING, 6100 CHIP AVENUE: Mayor Age opened the public hearing. The
City Manager called upon the Interim Planning Director to present the staff
report dated October 12, 1990, which represented a request for a variance from
th`e Zoning Ordinance and included a proposal to use shuttle buses to eliminate
the need for 24 additional parking spaces. The additional parking spaces are
required to accommodate the proposed conversion of 12,000 square feet of
existing warehouse space into office/conference room uses. In accordance with
the requirements of tt~e California Environmental Quality Act, a Negative
Declaration will be filed for this project. Notices of this public hearing
were posted, publishes; and mailed to the property owners within a 300-foot
radius of the subject property.
Mr. Henry Marquez, 5381 Burlingame Avenue, Buena Park, property administrator
for Douglas Aircraft Company in Long Beach, stated that. they have occupied the
subject building for approximately eight years and intend to stay another
eight years. The people utilizing the conference rooms will not be Douglas
employees but representatives of airlines throughout the world brought to this
location via the shuttle buses.
Mayor Age asked if anyone wished to speak in support of or in opposition to
the application. No one wished to do so.
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
close the public hearing, certify the Negative Declaration according to the
requirements of the California Environmental Quality Act and approve Variance
No. 90-17 to allow a shuttle bus service instead of 24 required parking spaces
subject to conditions. The motion unanimously carried by the following roll
call vote;
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
89-7 - ELIMINATE CONDITION 1 OF THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT
AND REQUEST FOR AN EXTENSION OF TIME KOREAN COMMUNITY CHURCH, 5900 BALL_ROAD:
The public hearing was declared open by Mayor Age. The City Manager called
upon the Interim Planning Director and the Public Works Director to present
the staff report dated October 10, 1990, which represented a request to amend
Conditional Use Permit No. 89-27 by eliminating Condition 1 of the approved
Conditional Use Permit requiring a "Lotline Adjustment." The applicant is
also requesting an extension of time to commence construction of the project
approved under the conditional use permit. In accordance with the
requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project. The Public Works Director
corrected Condition No. 2 to read as follows: Arnend Condition No. 1 of
Conditional Use Permit No. 89-27 to require a "Lotline Adjustment" rather than
a "Parcel Map."
15
City Council Minutes October 29, 1990
Mr. John Y. Kim, Pastor of the Korean Community Church, 5900 Ball Road,
Cypress, agreed to the amended condition.
No one else wished to speak in support of or in opposition to the application.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing, certify the Negative Declaration as required by the
California Environmental Quality Act, amend Condition No. 1 of Conditional Use
Permit No. 89-27 to require a lotline adjustment rather than a parcel map and
grant an extension of Conditional Use Permit No. 89-27 for one year until
December 1, 1991. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: DENSITY BONUS ORDINANCE: Mayor Age
opened the public hearing. The City Attorney requested that this item be
continued to the November 26, 1990 meeting.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
continue this item to the Council meeting of November 26, 1990. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Responding to Mayor Age who requested the winner of Red Ribbon Week, Chief
Wicker answered that all schools won the Red Ribbon contest.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
' ~ ~ -
MAY R OF THE CITY OF CYP SS
ATTEST:
_
CITY C ERK~OF HE CIT~YPRESS
16