Minutes 91-03-11
1
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
March I1, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:33 p.m.,
Monday, March 11, 1991, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor
Walter Bowman presiding.
PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson
and staff members Bacock, DeCarlo, Hill Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR THE
CONSTRUCTION OF AN ADDITION TO THE MAINTENANCE BUILDING AT
ARNOLD/CYPRESS PARK, PUBLIC WORKS PROJECT NO. 9026: Acting Public Works
Director Hill referred to the staff reports dated February 1 and 25, 1991, which indicated
that nine bids were received for the construction of an addition to the Maintenance
Building at Arnold/Cypress Park. Mr. Hill noted that there will be a change to the
recommendation because there are insufficient funds budgeted to cover the bid amount of
this project and the first part of the recommendation should read: authorize the
appropriation of $9,500.00 from the Cypress Recreation and Park District General Fund
balance into Account No. 4186-12-581-29.
It was moved by Councilmember Age and seconded by Councilmember Partin that the
City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District: 1) authorize the appropriation of $9,500.00 from the
Cypress Recreation and Park District General Fund balance into Account No. 4186-12-
581-29; 2) determine the lowest responsible bidder for Public Works Project No. 9026 to be
Mahr Construction; and 3) award a contract for the construction of an addition to the
Maintenance Building at Arnold/Cypress Park to Mahr Construction, 1418 Henshaw Road,
Oceanside, CA 92056 in the amount of $12,244.22. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RENEWAL OF ANNUAL TRAFFIC PAINT SUPPLIES
CONTRACT: The Acting Public Works Director presented the staff report dated
February 22, 1991, which indicated that the City's supplier of traffic paint and reflective
spheres has offered to renew the contract for an additional year with prices that would
remain the same for all items except a $.20 per gallon increase for White Fast Dry paint.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
authorize the renewal of a traffic paint supplies purchase contract for a one year period
ending March 13, 1992, with Bauer Division of Morton Coatings, Inc., 1021 North Mission
Road, Los Angeles, CA 90033, for a contract price not to exceed $17,000.00. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT A BLOCK WALL AT
THE CYPRESS VFW POST, LOCATED ON THE NORTHWEST CORNER OF CERRITOS
AVENUE AND MOODY STREET: The Acting Public Works Director presented the staff
report dated February 28, 1991, which indicated that, at prior Council meetings, there was
discussion concerning construction of a new block wall along the north boundary of the
City-owned property at the northwest corner of Cerritos Avenue and Moody Street. The
property is currently leased to V.F.W. Post No. 9847 and the fences belong to the two
properties to the north owned by Mr. Robert Sprague and any work done must be
consented to by him. Mr. Sprague is willing to pay half the costs and chose the
contractor, F.G. Danna & Associates. Mr. Herbert Stern, VFW Post Commander,
committed to provide $500.00 to help defray the cost of the block wall.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson to: 1)
authorize the appropriation of $1,900.00 from the unappropriated fund balance of the
General Fund into Account No. 4187-11-263-07; and 2) authorize staff to reimburse Mr.
Robert Sprague the sum of $1,900.00, after final inspection and approval of block wall.
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES March 11, 1991 1 ~
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF A
FLAGPOLE AT VETERANS PARK: The Acting Public Works Director reviewed the
staff report dated February 28, 1991, which indicated that it was the desire of many
Cypress residents to have a flagpole installed in the park as soon as possible. Three
proposals were received for the installation and furnishings fora 30 foot flagpole. Staff
also contacted Anderson & Howard Electric, Inc., to request a proposal for furnishing and
installing two spotlights.
W It was moved by Councilmember Age and seconded by Councilmember Kerry to : 1)
authorize the appropriation of $4,500.00 from the unappropriated fund balance of the
General Fund into Account No. 4187-11-229-08; 2) award the contract for furnishing and
installing a flagpole at Veterans Part to Orange County Flag & Banner Company, 1831 W.
17th Street, P.O. Box 6462, Santa Ana, CA 92706 in an amount not to exceed $1,327.50;
and 3) award the contract for furnishing and installing two spotlights at Veterans Park to
Anderson & Howard Electric, Inc., 1792 Kaiser Avenue, Irvine, CA 92714, in an amount
not to exceed $3,149.00. Councilmember Partin commented that he would vote for the
project but did not consider a 30 foot flagpole tall enough. The motion unanimously
carried by the following roll call vote:
AYE: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RENEWAL OF CONTRACT FOR BLOOD ALCOHOL TESTING:
The Police Chief presented the staff report dated March 4, 1991, which indicated that the
Police Department currently utilizes California Forensic Phlebotomy for testing the blood
alcohol levels of arrested drunk drivers. The contract expired on February 28, 1991 and
the Police Department requested renewal of the contract. A completed blood alcohol
examination will be increased from $35.00 to $37.50 per examination effective June 25,
1991.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
authorize the renewal of contract for blood alcohol testing to California Forensic
Phlebotomy, 2401 East 17th Street, Suite 179, Santa Ana, CA 92701, for the period March
1, 1990 to June 24, 1991 at a cost of $35.00 per examination and for the period June 25,
1991, to February 28, 1992, at a cost of $37.50 per examination. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
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 Age asked that Item No. 23, Design Review Committee No. 91-1, be
deferred for further discussion and Mayor Bowman requested Item No. 26, Pending State
Legislation, be removed for discussion.
It was moved by Councilmember Age and seconded by Councilmember Kerry to approve
the Consent Calendar Items No. 6 through No. 28 with the exception of Items No. 23 and
26. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item No. 6: Consideration of Approval of City Council Minutes of February 19, 1991 and
February 25, 1991.
Recommendation: That the City Council approve the Minutes of February 19, 1991 and
February 25, 1991, as submitted.
Item No. 7: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item No. 8: Consideration of Proclaiming March 1991, as "Red Cross Month".
Recommendation: That the Mayor and City Council officially proclaim the month of
March 1991, as "Red Cross Month" in the City of Cypress.
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Item No. 9: Consideration of Reappointment of Mr. Edward Betar to the Cypress Traffic
Commission.
Recommendation: That the City Council confirm the reappointment of Mr. Edward Betar
to the Cypress Traffic Commission for another four-year term of office to expire on
March 9, 1995.
Item No. 10: Consideration of City Council's Attendance to the League of California
Cities' City Council-City Manager Leadership Team Workshop.
Recommendation: That the City Council authorize the attendance of the City Manager ,k
and any interested Council Member to the City Council-City Manager Leadership Team
Workshop sponsored by the League of California Cities, scheduled to be held on May 16-
18, 1991, in South Lake Tahoe, and be reimbursed for all actual and necessary expenses
incurred, and further, authorize appropriations from the fund balance of the General
Fund of $5420 to Account No. 4206-11-101-01 and $844 to Account No. 4206-11-111-02.
Item No. 11: Consideration of Proclaiming April 1991, as "Child Abuse Prevention
Month".
Recommendation: That the Mayor and City Council officially proclaim the month of
April 1991, as "Child Abuse Prevention Month" in the City of Cypress.
Item No. 12: Consideration of Annual Inspection of the Cypress Detention Facility
Report.
Recommendation: Receive and file.
Item No. 13: Consideration of Proclaiming April 21-27, 1991, as "Victims' Rights Week".
Recommendation: That the Mayor and City Council officially proclaim April 21-27, 1991,
as "Victims' Rights Week" in the City of Cypress.
Item No. 14: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Esther Guevara & Gary Eugene Shirley, D.B.A. Angelo's Pizza Company, 9515
Valley View Street, Cypress.
Recommendation: Receive and file.
Item No. I5: Consideration of Design Review Committee Nos. 91-3, 91-4.
Recommendation: Receive and file.
Item No. 16: Consideration of Proclaiming May 5-11, 1991, as "Victims of Pornography
Week".
Recommendation: That the Mayor and City Council officially proclaim the week of May
5-11, 1991, as "Victims of Pornography Week" in the City of Cypress.
Item No. 17: Consideration of Proclaiming June 3-9, 1991, as "AIDS Walk Orange County
Week".
Recommendation: That the Mayor and City Council officially proclaim June 3-9, 1991, as
"AIDS Walk Orange County Week" in the City of Cypress.
Item No. 18: Consideration of Senior Citizens Center Financing.
Recommendation: That the City Council continue this matter to the City Council meeting
of March 25, 1991.
Item No. 19: Consideration of Amending Resolution No. 3471 and Accepting 30' Sanitary
Sewer Easement Offered for Dedication by McDonnell Douglas Corporation, City of
Cypress Project No. 8872.
Recommendation: That the City Council: 1) Adopt the Resolution by title only, title as
follows, accepting offers for dedication to the public as outlined in the report; and 2)
Approve the easement agreement on file with the City Clerk and authorize the Mayor to
execute and the City Clerk to attest.
RESOLUTION NO. 3904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CITY RESOLUTION NO. 3471 IN FULL AND ACCEPTING A
DEDICATION TO THE PUBLIC FOR STREET PURPOSES: DOUGLAS DRIVE,
MCDONNELL DRIVE, AND PLAZA DRIVE, AS SHOWN ON PARCEL MAP NO.
82-1121 AND ON PARCEL MAP NO. 88-170; AND ACCEPTING DEDICATION
TO THE CITY OF CYPRESS OF A 30-FOOT EASEMENT FOR SANITARY
SEWER PURPOSES.
Item No. 20: Consideration of Continuation of Supplemental Plan Review Services.
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CITY COUNCIL MINUTES March 11, 1991
Recommendation: That the City Council authorize staff to retain Willdan Associates,
12900 Crossroads Parkway South, Suite 200, Industry, CA 91746, for supplemental
structural plan review services on an as-needed basis for a one (1) year period, expiring
on March 11, 1992, at the existing rate of compensation.
Item No. 21: Consideration of an Application for an Alcoholic Beverage License Transfer
Filed by In Sub & Young Eun Kim, D.B.A. Cypress Market, 5011 Ball Road, Cypress.
Recommendation: Receive and file.
Item No. 22: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Raiford L. & Amy B. Huang, D.B.A. Hunan Gourmet Restaurant, 10551, 10557 &
10563 Valley View Street, Cypress.
Recommendation: That the City Council receive and file this application contingent upon
the approval/disapproval of Conditional Use Permit No. 91-5 by the City Council.
Item No. 24: Consideration of Cablecasting National Gallery of Arts Video Series on
Channel 52.
Recommendation: That the City Council approve the cablecasting of the video series
from National Gallery of Art on Channel 52.
Item No. 25: Consideration of Cablecasting of the "NAVY NEWS" on Channel 52.
Recommendation: That the City Council approve the cablecasting of the "NAVY NEWS"
produced by the Department of the Navy on Channel 52.
Item No. 27: Consideration of Proclaiming April 7-13, 1991, as "Days of Remembrance of
the Victims of the Holocaust".
Recommendation: That the Mayor and City Council officially proclaim the week of April
7-13, 1991, as "Days of Remembrance of the Victims of the Holocaust" in the City of
Cypress.
Recreation & Park District Matters:
Item No. 28: Consideration of Veterans Park Dedication Plaques.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, approve the concept of Veterans
Park Dedication Plaques and go out for informal bids to purchase these cast bronze
plaques for the Veterans Park Dedication, Saturday, April 27, 1991, at 3:00 p.m.
END OF CONSENT CALENDAR
Regarding Design Review Committee No. 91-1, Councilmember Age expressed her concern
because it was difficult to picture the project without renderings, drawings or blueprints
for the proposed commercial structure at 5331 Lincoln Avenue. The City Manager
suggested that this item be continued to the next meeting. It was moved by
Councilmember Age and seconded by Councilmember Kerry to continue this item to the
meeting of March 25, 1991. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Item 26, Pending State Legislation, Mayor Bowman stated in discussion of SB
169, it was noted that there wa~ no sunset clause in the measure. The theory is that the
tax monies generated by this bill will suffice and the booking fees or property transfer
tax will be eliminated. After some discussion, the City Manager stated that the League of
Cities is recommending support of this measure and suggested that the City Council
support SB 169. It was moved by Councilmember Age and seconded by Councilmember
Kerry to oppose SB 203 and AB 315 and support SB 169, authorizing the Mayor to send
letters to the appropriate State officials indicating the City's position on these issues. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Age and seconded by Councilmember Partin to adopt the
Resolution by title only, title as follows, denying CUP 90-30.
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RESOLUTION NO. 3905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING CONDITIONAL USE PERMIT NO. 90-30 (CONVERT EXISTING
SINGLE-FAMILY HOME INTO A CHAPEL, 8522 WALKER STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Partin and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, denying Variance No. 90-23.
RESOLUTION NO. 3906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING VARIANCE NO. 90-23 (ALLOW ONLY 6 ONSITE PARKING SPACES,
INSTEAD OF THE MINIMUM REQUIRED 20 SPACES, 8522 WALKER STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Partin to adopt the
Resolution by title only, title as follows, approving Relocation Permit No. 91-1.
RESOLUTION NO. 3907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING RELOCATION PERMIT NO. 91-1 -WITH CONDITIONS
(RELOCATE SINGLE-FAMILY HOUSE FROM 4561 KATELLA AVENUE TO
5100 CERRITOS AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was suggested by the City Attorney to defer any action on the denial of amendment to
Conditional Use Permit No. 81-12 until later in the evening and hearing no objection, the
Mayor so ordered.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, approving CUP 91-3.
RESOLUTION NO. 3908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-3 -WITH CONDITIONS
(CONSTRUCT A CHURCH FACILITY INCLUDING A PRIVATE ELEMENTARY
SCHOOL (GRADES K-6), 5100 CERRITOS AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Age requested discussion on a written communication received from the
City of La Habra regarding their resolution to be discussed at the League of Cities
meeting, Thursday, March 14, 1991, which states that the City of San Francisco declared
their city a sanctuary for anyone who opposed the Persian Gulf War. It was moved by
Councilmember Age and seconded by Councilmember Kerry that this be added to the 7:30
P.M. portion of the Agenda, as Item 40A, because the information was received
subsequent to the publication of the Agenda. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Kerry recognized a member of the audience who had submitted a written
communication which addressed dedications to be made for returning soldiers. The
Mayor announced that the City already has made plans for the Veterans Park dedication
on April 27 which could include a parade and other festivities.
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CITY COUNCIL MINUTES March ,11, 1991
CLOSED SESSION: Mayor Bowman recessed the meeting at 6:05 p.m. to enable the
Council to enter into Closed Session to discuss matters of personnel and litigation. The
meeting reconvened at 7:30 p.m. with all Councilmembers and staff members present.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Partin.
PRESENTATIONS: Mayor Bowman read a letter from the City commending Carol Joan
Johnson on her awareness when she recorded the description and license number of a
suspicious vehicle in her neighborhood and which led to the apprehension of two burglars.
He then presented Ms. Johnson with the Great Neighbor Award.
The City Manager advised that Senator Cecil Green's office was unable to attend this
meeting to present a Resolution of Commendation to Jaunetta Strohmyer.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Morrie Spatz, 4508 Larwin Avenue, Cypress, spoke to the Council on behalf of Senior
Meals and Services who delivers the hot meals to the homebound seniors in Cypress and
surrounding communities. A letter was sent to the Council from Donna Verro several
weeks ago requesting financial assistance in the amount of $6,000.00 and he asked that
this item be placed on the March. 25, 1991 agenda.
Mr. Joe Sheets, 4802 Mertens Street, Cypress, commended the City of Cypress for the Pro
America Rally held on February 23, 1991. He asked the City to cosponsor this year's
Loyalty Day again and he expressed the plans he had for the event to be held on May 4,
1991. Councilmember Partin stated that the Council had talked about a 4th of July
parade and an Arbor Day/Veterans Park opening which is set for April 27. Mr. Sheets
stated they would be asking the City for a contribution of $750.00 for the event. The
City Manager suggested this item be placed on the agenda for the next meeting.
Mayor Bowman stated that there has been discussion in the community about what the
City is doing on recycling and this item will be on the March 25 agenda. The City
Manager advised that it will be a public hearing, advertised and a press release
encouraging the citizens to attend the meeting. The Mayor also stated that the subject of
water conservation will be on the March 25 agenda for discussion with a representative
from the Southern California Water Company in attendance.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. No one wished to
speak.
The City Manager summarized the actions taken by the City Council during the 5:30 p.m.
portion of the Council meeting.
The City Attorney reviewed the discussions held during Closed Session on two personnel
matters regarding salary negotiations with employee management groups and clarification
of the payment of the City. Manager's Health Insurance. The three litigation items
considered were: the Lara Torres vs. Cypress Redevelopment Agency, a resolution on
amendment of CUP 81-12 was removed and will be acted on after Item 44 and the
County's assessment and collection of property taxes. A property negotiation matter on a
lease of a school site was also considered.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL
USE PERMIT NO. 90-17, GASOLINE STATION, CAR WASH, AND MINI-MARKET
WITH THE SALE OF OFFSITE BEER AND WINE, 6000 CERRITOS AVENUE: Mayor
Bowman opened the public hearing. The City Manager requested the Planning Director to
present the staff report dated March 1, 1991, which represented a request to demolish an
existing automobile service station and construct a new gasoline station with a mini-
market and an automatic car wash. The proposed project also includes the offsite salt of
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. A communication was received from Dr. Mennick after the staff report was
completed. He was opposed to the offsite sale of beer and wine as inappropriate for a
gasoline station. Notices of the public hearing were sent to property owners within a 300-
foot radius. As a result staff received three items of correspondence with two other items
of correspondence received on September 24, 1990.
Mr. Ralph Saltzman, 426 Culver Blvd., Playa del Rey, introduced Jim Alley, Texaco, and
Patrick Fiedler, project engineer. Mr. Saltzman mentioned that several exhibits had been
provided for Council at previous meetings and he would review those exhibits at this time
if it was the Council's request. Mr. Saltzman questioned Condition No. 49, which
addresses the elimination of the north driveway on Valley View Street and he indicated
that Texaco had initially agreed to the right turn lane to assure there would not be a
significant traffic impact before the traffic study. They do have an engineering problem
with the one driveway because of the existing layout and the tanks.
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CITY COUNCIL MINUTES March 11, 1991
Mr. Fiedler requested that the condition be amended to allow the driveway to be are
centrally located and more user friendly as far as radius.
Mayor Bowman mentioned that there is a driveway at the south of this project to the
adjacent commercial property and asked if there had been any consideration of using this
as an ingress/egress point.
Councilmember Kerry stated that she has problems with the internal circulation
movement of the project.
Councilmember Age also stated that there was a problem with that driveway because
many people from Security Bank exit there immediately into the right turn lane.
Mr. Alley, real estate representative for Texaco, stated they are proposing to eliminate one
driveway. He mentioned a Texaco location on Harbor that has a right turn lane utilizing
the same type of approach and is very successful with the high speed approach centrally
located.
Mr. Saltzman remarked that the applicant has no problems with any of the conditions nor
any of the recommendations to staff from the traffic consultant. He asked the Council to
approve the project this evening and they would be willing to work with the City staff to
resolve that specific problem.
Councilmember Kerry requested additional information on the station at Harbor and
Baker and the Texaco project engineer responded to Councilmember Nicholson that they
could provide locations with identical carwash, food mart-type facilities on similar sized
lots that are in the Orange and Los Angeles Counties.
No one wished to speak in support of the application. Mayor Bowman asked if anyone
wished to speak in opposition to the project.
Mr. Ted Hill, 10001 St. Vincent Cr., Cypress, expressed his opposition to the project
because he is against selling alcoholic beverages in con junction with the sale of gasoline.
The City Attorney reiterated that state law preempts the City Council from making any
determination on the inappropriateness of selling beer and wine at a gasoline station.
Regarding a proliferation of establishments of that sort, the state also has preempted that
field but have allowed a finding if there is a higher rate of crime. The Council may
consider zoning restrictions.
No one else wished to speak in support of or opposition to the application.
Mayor Bowman felt that the Council needed more information on the question of
circulation and from the traffic consultants on the right turn lane. Councilmember
Nicholson asked that visual information regarding the layouts of similar projects be
provided to the Council also.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue this item to March 25, 1991. The applicant concurred with the continuance.
Councilmember Partin requested some background information on the dedication of the
right turn lane. Mayor Bowman asked the applicant to consider the possible use of the
access drive to the adjacent commercial center. The motion unanimously carried by the
following roll call vote;
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL
USE PERMIT NO. 91-1, RECREATIONAL VEHICLE AND BOAT STORAGE YARD,
5800 LINCOLN AVENUE: The public hearing was declared open by Mayor Bowman.
The Planning Director reviewed the staff report dated March 1, 1991, which represented a
request to operate a recreational vehicle and boat storage yard located behind the existing
Nissan Auto Dealership at 5800 Lincoln Avenue. According to the requirements of the
California Environmental Quality Act, a Negative Declaration will be filed for this
project. The Planning Director requested the addition of Condition No. 31 which read:
"The applicant shall provide landscaped screening along any boundary of the project site
if the use becomes visible from the public street. Notices of this public hearing were
published, posted and mailed to all property owners within a 300 foot radius. To date,
staff has received no comments regarding this matter.
The applicants, John and Ed Bonnani of Kar Kare Parking Systems, Inc., questioned the
fee required by the Fish and Ga?ne Code. They stated they are being relocated from
Westminster by their Redevelopment Agency and are looking for an alternative site.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
project. No one wished to speak.
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CITY COUNCIL MINUTES March 11, 1991 1
It was moved by Councilmember Age and seconded by Councilmember Nicholson to close
the public hearing, certify the Negative Declaration and approve CUP No. 91-1 with
conditions, including the new Condition No. 31. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney explained that the Fish and Game fee was established by the State
Legislature and is not controlled by the City.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-5,
CHINESE RESTAURANT WITH ONSITE SALE OF BEER AND WINE 10551 10557,
10563 VALLEY VIEW STREET: Mayor Bowman opened the public hearing. The
Planning Director presented the staff report dated March 4, 1991, which represented a
request to operate a Chinese restaurant with the onsite sale of beer and wine within a
2,780 square foot lease space. The subject site is located in The Pavilion at 10551, 10557
and 10563 Valley View Street in the Cypress Point Planned Community. According to the
requirements of the California Environmental Quality Act, a Negative Declaration will be
filed for this project. Notices of public hearing have been posted, published and mailed
to all property owners within 300 feet of the subject parcel. To date, staff has not
received any communication regarding this matter. It was noted that the condition
required under the Fish and Game code had been inadvertently omitted but anyone that
files a Negative Declaration is required to pay that fee.
Ms. Linda Huang, 10551 Valley View Street, Cypress, stated that they had restaurants in
Michigan and have just moved to California.
No one wished to speak in support of or in opposition to the project.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to close
the public hearing, certify the Negative Declaration and approve CUP No. 91-5 subject to
conditions including the Fish and Game fee payment. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-4,
CONSTRUCTION OF CHURCH FACILITY 5400 CERRITOS AVENUE: Mayor Bowman
opened the Bearing. The Planning Director summarized the staff report dated March 1,
1991, which application represented a request to construct amulti-phased church facility
including a fellowship hall, a private elementary school, a preschool and a play yard in
the initial phase of development; with additional phases to construct additional school
buildings and a sanctuary located at 5400 Cerritos Avenue. In accordance with the
California Environmental Quality Act, a Negative Declaration will be filed for this
project. Notices of this public hearing were posted, published and mailed to the property
owners within a 300 foot radius of the subject property. To date, staff has not received
any communication regarding this matter.
John Calhoun, Pastor of the First Church of the Nazarene, 3717 Holden Circle, Los
Alamitos, and Richard Conklin, 3462 Yellowtail Dr., Los Alamitos introduced themselves
and Pastor Calhoun provided the Council with some history on the church. This property
is attractive to the church to fulfill the needs they have had for some time. He then
asked Mr. Conklin to explain what has been conceptualized.
Mr. Conklin presented slides on the proposed project, describing the buildings and
explaining their uses. The intent of the conceptual plan was to create a central campus
around which all of the circulation occurs on site. He felt that staff's objection to the
balconies is moot as they are oriented to the church playground and, in the future, will
be obstructed by the sanctuary located in front.
He then addressed Condition No. 19 and wondered if a Business License was required for
a church. Staff responded that if it doesn't apply, it wouldn't be required but if there
are any uses that do require the license then the condition would apply. In Condition No.
25, Mr. Conklin asked that the word "final" be added so the second line reads
"...illustrated on final plans and renderings submitted...." The Planning Director suggested
that if the Council desires to change this condition, it should come back to them as
Design Review. In Condition No. 78, he requested deletion of the word "elimi~tated" in the
second line and insert the words, "Balconies on the Fellowship/Education building shall
be modified to prevent view into residences to the north along Cerritos Avenue...." In
Condition No. 79, he wished to amend the first sentence by adding the words, "...or raised
to six foot sill height."
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4
CITY COUNCIL MINUTES March 11, 1991
The Planning Director stated that the added option to Condition No. ?9 is acceptable. In
Condition No. 78, the Planning Director explained that the condition is there because
there have been problems with balconies in the past and the Council will consider the
applicant's request to amend the condition
Mr. Lloyd Arnold, Los Alamitos Race Course, stated they had worked with the Nazarene
Church for many months and believed they will be building a first class facility, which is
what is needed in that area. The shared parking is an advantage to the church, the race
course and the City and urged the Council to approve the project.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
application. No one wished to do so.
Councilmember Age concurred with staff on Condition No. 25 by not including the word,
"final" because she recalls instances where drastic changes were made in buildings without
coming back to Council. She also concurred with staff's recommendation on Condition
No. 78 on the balcony situation and she had no problem with the proposed change in
Condition No. 79. Mayor Bowman concurred with all of Councilmember Age's comments
on the conditions. He stated that at that height, a person on the balcony could cause
visual intrusion. The Planning Director stated that the problem is two-fold, the line of
sight from three stories and the perceived invasion of privacy that the residents feel are
already there.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to close
the public hearing, certify the Negative Declaration and approve CUP No. 91-4 leaving
Conditions No. 25 and 78 as written and Condition 79 changed as the applicant has
requested. Councilmember Partin suggested that the church be consulted on Condition
No. 78. He stated the condition appeared to be somewhat harsh and he didn't see it as a
problem. The applicant stated they would like the word "modified" inserted because they
feel they can meet a compromise that satisfies the concern for the view from those
balconies and still leave them as a very functional part of the school. Responding to
Councilmember Age, he stated that not changing Condition No. 78 would not prevent the
church from continuing with their plans.
After further discussion, the City Attorney suggested that the first sentence in Condition
No. 78 could be changed to read, "Balconies on the Fellowship/Education building shall be
eliminated or modified to the satisfaction of the Planning Director and approved by the City
Council prior to submission of working drawings...." Councilmembers Age and Nicholson
agreed to amend the motion and the second. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AQMD TRIP REDUCTION PLAN - 9/80 WORK SCHEDULE
AND LEAVE CLAUSE: The Personnel Director presented the staff report dated March 8,
1991, which indicated that all of the bargaining units had accepted the proposed AQMD
Trip Reduction Plan except the Public Safety Employees Association (PSEA) and the plan
has been adjusted not to include this unit. The proposed implementation date will be
March 18, with a minor conversion cost of four hours for some employees and the
program will be evaluated at the end of six to eight months.
It was moved by Councilmember Age and seconded by Councilmember Partin to adopt the
9/80 Work Schedule and Leave Clause for all employee bargaining units except the PSEA.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING -POLICE
MANAGEMENT EMPLOYEES' ASSOCIATION (1990/91): The City Manager presented
the staff report dated March 5, 1991, which indicated that an agreement was reached with
the Police Management Employees' Association as a result of the meet and confer process.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to R.
adopt the Resolution by title only, title as follows, ratifying the Memorandum of
Understanding with the Police Management Employee's Association.
RESOLUTION NO. 3909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT EMPLOYEES'
ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND
CONDITIONS OF EMPLOYMENT.
9
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CITY COUNCIL MINUTES March 11, 1991
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 43841 - 44077: It was moved by Councilmember Partin and seconded by
Councilmember Age to approve the Warrants No. 43841 through 44077 in the amount of
$688,492.39. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding consideration of the resolution from the City of La Habra, Councilmember Age
reported that a copy of a resolution from that city was received today. This year, during
the Persian Gulf War, the City of San Francisco Supervisors' declared the city a sanctuary
for anyone who opposes the war. The City of La Habra is opposing that action, calling it
is an insult to the President of the United States, Congress and servicemen and women as
well as an embarrassment to all cities in the State of California. If the League of Cities
meeting is held in San Francisco, the City of La Habra will not attend. Councilmember
Age suggested the City of Cypress also adopt a resolution informing the League of their
stand. Mayor Bowman concurred. Councilmember Kerry stated that if a city is going to
take a stand like that, we must not attend a League. of Cities convention in San Francisco
if that is where they choose to have it.
It was moved by Councilmember Age and seconded by Councilmember Kerry to support
the Resolution from the City of La Habra and adopt a similar Resolution by title only,
title as follows, to be presented at the League of California Cities meeting on March 14.
RESOLUTION NO. 3910
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING
THE CALIFORNIA LEAGUE OF CITIES' BOARD OF DIRECTORS TO
ARRANGE FOR AN ALTERNATE SITE FOR THE ANNUAL MEETING
SCHEDULED FOR OCTOBER 13-16, 1991, IN SAN FRANCISCO.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS:
CONSIDERATION OF CYPRESS PONY BASEBALL WORLD SERIES: The Director of
Recreation and Parks summarized the staff report dated March 1, 1991, which indicated
that a request had been received from the Cypress PONY Baseball League to discuss items
of concern about hosting the PONY Age Division Baseball World Series. They are
requesting that the curfew rule be extended an hour and that a gate admission fee be
charged.
It was moved by Councilmember Age 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: 1) extending the sports events curfew rule one
hour to "No new inning can start after 11:00 p.m. with ALL game activity ending by 11:30
p.m."; 2) a gate entry admission fee by "donation" only; and 3) if the event scope changes,
staff would like to reserve the right to require additional insurance coverages found in
the new Special Event Liability program. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION TO DISCONTINUE AMERICAN RED CROSS SANCTIONING AND
CERTIFICATION FOR AQUATICS PROGRAM: The Recreation and Parks Director
summarized the staff report dated March 8, 1991, which described the Recreation and
Community Service Commission's recommendation that the Council approve the
discontinuance of the American Red Cross swim program certifications and become an
independent aquatics program provider. As an independent aquatics program provider,
the District will join other cities who have discontinued Red Cross certification. The
District will provide their own independent training of the staff and will continue to
provide a high quality swim program ensuring the public safety at a cost appropriate fee,
10
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CITY COUNCIL MINUTES March 11, 1991
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry that
the City Council, acting as ex officio governing Board of Directors for the Cypress
Recreation and Park District, approve to discontinue the American Red Cross swim
program certifications and become an independent aquatics program provider effective
with the Summer 1991 aquatics program, as recommended by the Recreation and
Community Services Commission. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PROPOSED FEE INCREASES FOR RECREATION CLASSES:
The Recreation and Park Director reviewed the staff report dated March 8, 1991, which
provided fee increases for Recreation Classes as recommended by the Recreation and
Community Services Commission for City Council approval. The proposed fee schedules
are Adult Coed Volley ball, $90.00 to $100.00; Adult 3 on 3 Basketball, $75.00 to $90.00;
Adult Basketball, $305.00 to $335.00 Winter and from $290.00 to $315.00 for Summer;
Adult Softball, $385.00 to $395.00 for Men's, from $370.00 to $380.00 for Coed and
Women's. Kid's Corner program fee increases would be $72.00, $106.50 and $67.00 for
three and four year olds and summer session, respectively.
It was moved by Councilmember Age and seconded by Councilmember Nicholson that the
City Council, acting as ex officio governing Board of Directors for the Cypress
Recreation and Park District, approve the Recreation class fee increases as recommended
by the Recreation and Community Services Commission. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF NEW ACTIVITY CLASSES: The City Manager asked Marvin
DeCarlo, the Director of Recreation and Parks, to present the staff report dated March 8,
1991, which requested City Council approval of new activity classes recommended by the
Recreation and Community Services Commission. The classes are Youth Coed Volleyball
$20.00 per week and "Club Cypress" which will combine two existing programs into seven
one week sessions: Day Camp only, $55.00; Extended Day Care $15.00 additional for
mornings or afternoons and $82.50 per week for the complete combo.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson that
the City Council acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District, approve the new classes as recommended by the Cypress
Recreation and Community Services Commission. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mr. DeCarlo announced that the City's new showmobile has arrived, complete with the
Cultural Art logo, from a recent California Parks and Recreation State Convention where
it was seen by many city representatives. It is a state of the art showmobile, presently
being stored at the Cultural Arts Center and will be used at the April 27 Arbor Day and
Veterans Park dedication.
Regarding the Resolution denying amendment to CUP No. 81-12 which was deferred from
the 5:30 portion of the meeting, it was moved by Councilmember Age and seconded by
Councilmember Nicholson to adopt the resolution by title only, title as follows, denying
amendment to CUP 81-12
RESOLUTION NO. 3911
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 81-12 (EXPAND AND
AMEND EXISTING CONDITIONAL USE PERMIT TO INCLUDE THE OFFSITE
SALE OF GENERAL ALCOHOLIC BEVERAGES IN ADDITION TO THE
EXISTING SALE OF BEER AND WINE FOR THE PROPERTY LOCATED AT
4502 LINCOLN AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
11
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CITY COUNCIL MINUTES March 11, 1991
ADJOURNMENT: Mayor Bowman adjourned the meeting at 10:10 p.m. to 4:30 p.m.,
Monday, March 25, 1991 in the Administrative Conference Room for a joint meeting with
the Recreation and Community Services Commission.
ATTEST:
12