Minutes 99-05-10CITY COUNCIL MINUTES
CITY OF CYPRESS
MAY 10, 1999
CLAIMS - Rej. Claim Of Peter Korody; ref. to contractor
CODES - Bldg., etc. - cont. item to 5/24/99 Council Meeting
CONDITIONAL USE PERMITS
- Close Public Hearlng; continue issue to Amend
CUP 96-17 - Car Wash -5999 Cerrltos Avenue
- AdOpt Res. 5086 - Extending CUP 97-3 -
Used Car Sales LOt 9060 Walker Street
DRC - AdOpt ReSO. 5083 and 5084 Appr. DRC NOS. 99-12 and 99-13
- Adopt Reso. 5085 appv. DRC 99-2
FINANCE -
Commercial Warrant LiSbApprOVe Warrant NOS. 37425-37643
Computer Programs - Approve approp. of funds for Comp.
Hdwre/Sftwre - SCAG ACCESS GIS
Computer Programs -Approve purch. of personal comp./rplcment
of stand-alone comp. sVst.
LEGISLATION
-OppOS. AB 1448 and ACA 16
-Oppos. to AB 1479 and AB 1248
-SUpp. for Prop. for Funding for Callf. FlOOd Cont. Subvention
Prog.
-Oppos. to SB 1200
LINCOLN AVENUE STREETSCAPE PROJECT NO. 9805 - Deny Installation of
dec. concrete pavers on Lincoln Ave. bridge
PUBLIC WORKS DEPT. -Pres. Of American Public Works ASSOc. "1999 Project
of the Year" for Residential Street Rehab.
STREET IMPROVEMENTS - Appr. C.O. NO. 1-4 for intersect. of
Valley View/Katella; P.W. ProJ. 9601
TRACTS - ACCept. Of Final Tract Map No. 15696
TREES - Deny request to remove Parkway Tree at 11348 Madeira St.
UTILITIES- AdOpt ReS. 5087 Approving Underground Utility DlSt. No. 99-I
WATER - Pres. Of OC Water Dlst. Video, "underwater Replen. System"
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 10, 1999
A regular meeting of the City of Cypress City Council was held on Monday, May 10, 1999,
in the Executive Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California.
The meeting was called to order at 5:37 p.m. by Mayor Keenan.
PRESENT:
ABSENT:
Councilmembers McGill, Sondhi, Mayor Pro Tem Piercy, Mayor Keenan
Councilmember McCoy
Also present were City Manager Ochenduszko, Clty Attorney Wynder, and staff members
Liu, Storey, Angus and Commerdinger.
WORKSHOP SESSION
A training session designed to better acquaint the Councilmembers with the requirements
of the California Environmental Qualff. v Act (CEQA) was presented by Community Development
Director Angus and Planning Manager Commerdinger. A history of the law was provided
beginning with enactment of the original legislation in 1970. The purpose of the Aot, projects
subject to its requirements, projects exempt from its requirements, environmental review and the
Initial Study Process, results of the Initial Study, and the adoption of a Negative Declaration,
Mitigated Negative Declaration or requirement for completion of an Environmental Impact Report
were also explained.
The Councilmembers were advised that their specific responsibility in regard to correctly
applying the mandates of CEQA is to weigh all information presented in reference to a particular
proposed project, consider public input provided, and ultimately adopt a Negative Declaration,
Mitigated Negative Declaration, or require an Environmental Impact Report (EIR) based on the
facts provided.
RECESS
At 6:16 p.m., Mayor Keenan recessed the meeting to enable the Council to enter into the
Closed Session portion of the meeting in the Council Chambers Conference Room.
7:00 P.M. SESSION
The meeting was reconvened by Mayor Keenan at 7:03 p.m. in the Council Chambers,
with all Councilmembers present with the exception of Councilmember McOoy. Also present
were City Manager Ochenduszko, City Attorney Wynder, and staff members Liu, Scholl, DeCado,
Hensley, Angus, Commerdinger, Nevarez and Hawkins.
PLEDGE OF ALLEGIANCE
Councilmember Sondhi led the Pledge of Allegiance.
INVOCATION
City Attorney Wynder provided the invocation.
PRESENTATIONS
A brief video presentation produced by the Orange County Water District was presented,
"Underwater Replenishment System." The processes of microfiltration and reverse osmosis, two
methods of purifying water, were described in the film. Upon its conclusion, Mayor Keenan
commented on the informative nature and professionalism of the production.
CITY COUNCIL MINUTES MAY 10,' 1999
City Attorney Wynder reported that the Council had met earlier in the Council Chambers
Conference Room in a Closed Session. At that time discussion was held regarding a claim for
damages (CaI. Govt. Code §54958.95), filed against the City of Cypress by Peter Korody. The City
Council officially rejected the claim, and referred the matter to the contractor responsible for
creating the conditions which led to the damage.
A second item pertaining to one matter of anticipated litigation against the City of Cypress
( Ca/. Govt. Code §54958.9[b])was continued to the Closed Session of the next regularly scheduled
meeting of the City Council on May 24, 1999.
Finally, City Attorney Wynder reported that a Conference with a Labor Negotiator
(Ca/. Govt. Code §54957. b~ was held during the Closed Session, in which the City Councilmembers
made a recommendation in regard to collective bargaining, and authorized Finance Director
Richard Storey to enter into negotiations on behalf of the City with lts various bargaining units.
ORAL COMMUNICATIONS
Limited to One-Half Hour- Three m/nutes per speaker,' speaking once.
Mayor Keenan opened the floor for oral communications at 7:24 p.m. He provided the
following items of information:
Former City Manager Darrell Essex recently underwent surgery, but is recovering well.
Mayor Keenan urged everyone to forward get well wishes to Mr. Essex.
The Mayor also advised that the "Cypress Cares" project had received an excellent
response, and he urged participation from those who had not already done so.
Reference was also made by the Mayor to the very professional "Rediscover Lincoln"
packet that had been prepared by the City's Community Development Department, and which
was currently being distributed throughout the City.
Mayor Keenan also advised that the Police Department's Open House held on Saturday,
May 8, was a big success, and was very well-attended throughout the day.
Finally, Mayor Keenan expressed thanks on behalf of the Council to staff members Ray
Frankeny, June Liu and Marvin DeCarlo, for their efforts relating to the "Youth in Government
Day" held on May 10, 1999.
No further oral communications were forthcoming, and the Mayor closed the Oral
Communications session at 7:28 p.m.
CONSENTCALENDAR
All matters listed on the Agenda under "Consent Calendar" were to be considered by the
City Council to be routine and were to be enacted by one motion approving the recommendation
listed on the Agenda.
Councilmember McGill announced his abstention from voting on Item No. 1, and
requested Item No. 9 be pulled from the Consent Calendar.
Councilmember Sondhi requested Item Nos. '1 and 5 to be pulled from the Consent
Calendar.
It was moved by Mayor Pro Tem Piercy and seconded by Councilmember McGill to
approve Consent Calendar Items '1 through 12, with the exception of Items I, 5 and 9. The motion
passed by the following roll call vote:
AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy and Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBER: McCoy
CITY COUNCIL MINUTES MAY 10, 1999
Recommendation: That the City Council adopt the Resolutions, by titles only, titles as
follows, approving Design Review Committee Permit Nos. 99-12 and 99-13, with conditions.
RESOLUTION NO, 5083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 99-12, WITH CONDITIONS
RESOLUTION NO. 5084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 99-t 3, WITH CONDITIONS
Item No. 4: Approval of Contract Change Order Nos, 1 through 4 for the Intersection
Improvements at Valley View Street and Katella Avenue - Public Works Project No. 9601.
Recommendation: That the City Council approve Contract Change Order Nos. I through
4 for the intersection improvements at Valley View Street and Kateila Avenue, Public Works
Project No. 9601, to B.A. Construction, 2131 W. Valley Place, Anaheim, California, 92804, in the
amount of $27,929.00
Item No. 6: Acceptance of Final Tract Map No. 15696, located at 9122 Walker Street
and 5522 Camp Street.
Recommendation: That the City Council approve Final Tract Map No. 15696, located at
9122 Walker Street and 5522 Camp Street, and authorize the City Clerk to sign the Record Map.
Item No. 7: Reconsideration of Design Review Committee Permit No. 99-2, Request to
Approve the Installation of a 16" high, 10' wide Monument Sign for Home Depot, located at 5800
Lincoln Avenue, within the Planned Community (PC) Zone.
Recommendation: That the City Council adopt the Resolution, by title only, title as
follows, approving Design Review Committee Permit No. 99-2, with conditions.
RESOLUTION NO. 5085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 99-2, WITH CONDITIONS
Item No. 8: Appropriation of Funds for Computer Hardware and Software Necessary
to run the SCAG ACCESS GIS Computer Program.
Recommendation: That the City Council approve the following actions:
(1) Appropriate $1,500 from the fund balance of the Equipment Replacement Fund to
Account No. 4306-90-657-36 for the purchase of a new computer package; and
(2) Authorize an operating transfer from the fund balance of the Mobile Source Reduction
Fund (Computer Software/Hardware) Account No. 4116-40-198-06, in the amount of
$1,500 to the Equipment Replacement Fund.
Item No. 10: Opposition to SB 1200, Concerning Regulatory Limit on Conditioning
Drive-Through Businesses.
Recommendation: That the City Council oppose SB 1200 concerning regulation
limitations on drive-through facilities and authorize the Mayor to sign a letter on City Council's
behalf and forward it to the appropriate legislators,
Item No. 11: Purchase of a Personal Computer and a Hub for Replacement of Stand-
Alone Computer System.
Recommendation: That the City Council appropriate $2,150 in Account No. 4403-90-
CITY COUNCIL MINUTES MAY 10, 1999
Item No.
April 26, 1999.
Approval of the City Council Minutes of the Meetings of April 20, 1999 and
Councilmember Sondhi requested that this item be pulled from the Consent Calendar, so
that two corrections to the minutes of the meeting of April 26, 1999, could be effected. She
requested that her title be changed from "Commissioner" to "Councilmember" on Page 7 of those
minutes, and that on Page 15, the "Santa Ana Housing Authority" be changed to read, "Orange
County Housing Authority."
Mayor Keenan noted that he had requested a correction to the minutes which had already
been effected. Page 4 of the minutes had reflected that the ORAL COMII4'UNICAT/ONS portion of
the meeting had been closed at 8:49 p.m., when it should have been 7:49 p.m.
Subsequent to this discussion, a motion was made by Councilmember Sondhi, seconded
by Mayor Keenan, and carried by the following roll call vote that the City Council approve the
minutes of the meeting of April 20, 1999, as submitted and the minutes of the meeting of April 26,
1999, as corrected.
AYES: 3 COUNCILMEMBERS: Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSTENTIONS: 1 COUNCILMEMBER: McGill
ABSENT: 1 COUNCILMEMBER: McCoy
Item No, 5: Opposition to AB 1448 and ACA 16 (Cox), Public Contracts: Architectural
and Engineering Services.
Recommendation: That the City Council oppose AB 1448 and ACA 16, and authorize the
Mayor to sign a letter on behalf of the City Council addressing appropriate Assemblypersons and
requesting them to oppose the Bills.
This item was pulled from the Consent Calendar at the request of Councilmember Sondhi,
who stated that she was not in favor of approving the opposition to proposed legislation, but
rather felt that we should remain silent on the issue.
As several Councilmembers requested clarification regarding various provisions of this
item, City Manager Ochenduszko requested staff's input from Interim Public Works Director
Scholl. Mr. Scholl explained that Proposition 224 had been defeated by the voters In June of
1998. AB 1448 was introduced as a response to that defeat, and included language to the effect
that "...contracting for architectural and engineering services occurs through an open and
publicly advertised competitive process [by public agencies]...for all public works of
improvement." Mr. Scholl said that some projects were subject to public solicitations for bids,
while it was only necessary to issue requests for proposals in order to retain professional
services for other types of projects. As the process for publicly advertising the need for all
professional services would be cumbersome and time-consuming, and would result in
unnecessary governmental regulation, staff's recommendation was that the Council oppose this
proposed legislation.
At the close of Director Scholl's presentation, discussion of the issue among the
Councilmembers terminated with the recommendation that staff provide further information prior
to City Council making an ultimate decision on this issue, Mayor Keenan advised that he was a
member of the Policy Committee for Transportation and Public Works for the State League, and
that organization had completed some research on these items as well as taken some action in
opposition to the proposed legislation. He felt that It would be possible for staff to obtain some of
that information from the League for presentation to the Council at its next meeting, A motion
was made by Mayor Keenan, seconded by Councilmember Sondhi, and carried by the following
roll call vote that the Council continue this item to its next regularly scheduled meeting on May 24,
1999, in order to obtain more detailed information regarding the proposed legislation:
AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: McCoy
CITY COUNCIL MINUTES MAY 10, 1999
Councilmember McGill observed that while he is in agreement with staff's
recommendation to oppose AB 1248, he is somewhat reluctant to oppose AB 1479 without
further discussion, as he was not certain it was germane to the City of Cypress. He explained
that there was a movement in progress to have the City of Irvlne included In the local reuse
authority for the closing of El Toro airport, He noted that, on a personal level, he liked the idea of
converting the El Toro airport into a commercial use, but felt that making a recommendation on
the issue would be contrary to the public interest.
Regarding AB 1479, Councilmember Sondhi explained that there is a state legislator with
an agenda opposing the establishment of a commercial alrport tn El Toro. Within Orange County,
Measure "A" was passed by the voters; however, this legislator is electing to ignore the results of
that election and attempting to define what the Orange County voters really want at the State
level, through the passage of AB 1479 and the establishment of a Local Reuse Board.
Councilmember Sondht expressed the opinion that the matter should be left to the discretion of
the Orange County voters, and that it should not be regulated at the State level. She then
indicated her opposition to both AB 1248 and AB 1479.
Councilmember McGill provided his agreement with Councilmember Sondhi, but still felt
that the ultimate decision regarding the establishment of the airport was not within the purview of
the Cypress City Council. He said It was not a responsibility of the Council to dictate the issues
between another municipality and the airport Local Reuse Authority.
The City Attorney suggested that as a result of the divergence of opinions on the
proposed Bills, the Council may consider taking two separate actions for their ultimate decision
on each, in order to establish consensus where possible.
Mayor Pro Tem Piercy voiced her agreement with Councilmember Sondhi, and expressed
her disgust wlth the State for overturning a decision made by the authority of the County. She felt
that the issue was applicable to Cypress as a part of Orange County, and that is how it should be
viewed.
The Mayor noted that a letter of opposition to AB 1479 should stress the bonding issue
rather than the airport issue; this opinion was supported by Councilmember McGlll.
A motion was then made by Mayor Keenan, seconded by Councilmember McGill, and
unanimously carried by the following roll call vote that the City Council oppose AB 1248 (Bates)
and authorize the Mayor to sign a letter on the Clty Council's behalf and forward it to the
appropriate legislators:
AYES: 4 COUNCILMEMBERS: McGIII, Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: McCoy
The Mayor then observed that the issue to be addressed in opposing AB 1479 is the
overturning of local action by the State. Mayor Pro Tem Piercy found this area to be of particular
concern to her, particularly when such an action ignores the wishes of the voters.
Councilmember McGIIl clarified that the Council's action would be opposing state control of local
issues, versus the issue of whether or not Irvine should be a member of the Local Reuse
Authority; the latter of which he vehemently opposed as a private citizen. A motion was made by
Mayor Pro Tem Piercy, seconded by Mayor Keenan, and unanimously carried by the following roll
call vote that the City Council oppose AB 1479 (Bates) and authorize the Mayor to sign a letter on
City Counctl's behalf and forward it to the appropriate legislators.
AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBER: McCoy
PUBLIC HEARINGS
The Mayor advised that during the Public Hearing Session, public comments will be
restricted to 10 minutes per speaker unless that time is extended by the City Council. Mayor
Keenan also requested each member of the public who wished to speak to complete a City of
CITY COUNCIL MINUTES MAY 10, 1999
construct a full-service hand car wash on the existing Chevron gas station and mini*mart site
located at 5999 Cerritos Avenue in the Commercial General (CG) Zone. The project consists of
approximately 2,681 square feet of new building area to include a large indoor waiting area,
equipment room, and a car wash tunnel. The exterior of the building will be done in a manner
consistent with the finish and architectural style of the existing buildings on the site.
This proposal has been reworked several times by the applicant in efforts to meet staff's
concerns regarding potential noise problems and compatibility of the use for the adjoining
residential area. A noise study was conducted to determine the potential impact of the car wash
as proposed on the neighboring residents. The result of this study showed that the use, as
proposed, would violate the City's Noise Ordinance. In an effort to mitigate this impact, the
applicant reworked the plan to relocate the tunnel, and eliminated the blowers.
The applicant is requesting the addition of a full-service car wash to his existing mini-
mart, gas station operation. Proposed hours of the car wash would be 8:00 a,m. to 6:00 p.m.,
Monday through Sunday. The applicant has indicated that the car wash has been equipped and
designed to handle up to 100 vehicles per day, once it arrives at peak capacity. Staff is of the
opinion that with the increased traffic several parking spaces may be blocked by vehicles
maneuvering for position and stacking for the car wash.
Therefore, because of potential negative impacts to the adjacent property owners, public
testimony presented by those neighbors at previous public hearings, and staff's overall analysis,
staff was recommending that the City Council adopt a Resolution for Denial of Amendment to
Conditional Use Permit No. 96-17.
At the conclusion of Director Angus' report, the Councilmembers had several questions
regarding the proposed placement of structures on the site, mitigation measures in place to
address potential noise issues, proposed buffer wall height, and the proposed water feature.
The Mayor then opened the public hearing, and requested the applicant to come forward.
Mr. Edgar A.K. Aramouni, architect for the project, indicated his willingness to answer
any questions.
Mr. Sal Hassan, the applicant, Cypress, then addressed the Council. Mr. Hassan related
that work had begun on this project in 1996. Since that time, he has made numerous revisions in
repeated efforts to mitigate any potential negative impacts to the adjacent neighborhood and to
meet staff's concerns. One of the most recent adjustments to the plan had been the elimination
of the mechanical blowers, even though state-of-the-art blowers make little, if any, detectable
noise. During his presentation, Mayor Keenan asked if the addition of the car wash was essential
to preserve the vlability of the business; Mr. Hassan replied that it was indeed needed to meet his
monthly obligations.
Mr. Hassan then proceeded to inform the Council of other amenities of the proposed
project, including the fact that all vacuums and attachments would be installed underground and
would not be visible from the street. He provided an explanation of the actual workings of the car
wash tunnel, in response to a query posed by Councilmember McGill. In response to another
question asked by Councilmember McGill, Mr. Aramouni said that the 19' height of the proposed
buffer wall could be adjusted to another level.
Following Mr. Hassan's comments, other individuals who spoke in favor of the project
included Mr. Jas Dulette, a resident of Stanton and member of the Orange County High School of
the Arts Booster Club, who offered testimony regarding Mr. Hassan's civlc-mindedness, Also
offering support was John Lee, a resident living approximately one mile northeast of the
proposed site. Other individuals in favor of Mr. Hassan's project included Mr. Roger Payne, Mr.
Richard Anderson and Ms. Linda Robinson.
The Mayor then asked for input from individuals who were opposed to the project. Many
neighbors were present who were very concerned that the use would prove to be incompatible
with the adjacent neighborhood in which they lived. Their main areas of concern included noise
factors, increased traffic flow, safety issues, lighting glare; potential negative impact on their
property values, and overall possible adverse effect upon the arablance of their neighborhood.
Those individuals speaking against the project included: Mr. Bob Turner, 10418 Bedford Court,
CITY COUNCIL MINUTES MAY 10, 1999
In reference to traffic concerns, Mr, Hassan noted that Valley View Street had been a
busy thoroughfare for a long time; and that his business was not the cause of the congestion, but
merely located where it was to take advantage of the traffic. Also, he wished to note for the
record that he was not "getting rich" from this concern, but that he had heavy financial
obligations to meet which made the expansion of his business through the establishment of the
car wash necessary.
As no further input was forthcoming, Mayor Keenan closed the public hearing and
returned the matter to the Councilmembers for discussion.
Councilmember McGill posed several questions relating to the car wash located at Valley
View Street and Ball Road, determining that it did not abut any residential neighborhoods and
that it was an automated, not a hand wash, operation. In response to another question presented
by Councilmember McGill, Director Angus informed him that the property on which Mr. Hassan's
business was located had a long histery of being zoned Commercial--probably going back 30
years.
Mayor Pro Tern Piercy noted that while she was sympathetic to Mr. Hassan's cause, did
not want his business to be affected detrimentally, and appreciated all the efforts he had
demonstrated toward bringing his project into compliance with all requirements, she could not
help but be more supportive of the neighbors' concerns. She stated that she resided on a busy
street, and knew that increased traffic would result in increased noise, no matter what mitigation
measures were implemented. The Mayor Pro Tern also noted that car wash corners are quite
traffic-clogged on weekends. On the basis of these comments, she could not support the
applicant's project, and would have to comply by staffs recommendation to deny the amendment
to the Conditional Use Permit.
Councilmember Sondhi mentioned the need for maintaining an emotional detachment
from some of the issues noted, in order to consider the actual facts of the situation. She stated
that while she appreciated the concerns of the residents, the applicant had taken extreme
measures to comply. Councilmember Sondhi noted that the water feature, a source of "white
noise" is an excellent device for sound abatement. In addition, other buffers such as the wall
would be in place to shelter the residents from unpleasant or increased noise, She noted the
need for Cypress to be both community- and business-friendly. Prior to making her decision, she
requested more information from the Community Development Director.
Mayor Keenan commented that the 100 vehicles per day capacity could translate to 10, 15
or 20 per hour. The Mayor also commented on the beauty of the site, and the need for a hand-
wash facility in Cypress expressed to him by several residents. On the other hand, the Mayor felt
that the residents all had voiced valid concerns, and noted that he could see both sides of the
issue.
Councilmember Sondhi inquired as to whether the proposed building will buffer the traffic
noise; the response indicated that could not be determined until after it was built, and a noise
study conducted.
Councilmember McGill felt that the 19' foot height of the proposed wall was too high, and
indicated he would like to see the "openness" of Cypress preserved. He further observed that
the residents had a valid concern about the effect of the project on their property values.
Councilmember McGIII offered that the Council was, however, appreciative of all Mr. Hassan's
efforts to bring the project into compliance.
Further discussion was held among the Councilmembers, which included such issues as
whether or not the proposed tunnel will amplify noise. Staff was directed to furnish the Council
with additional information regarding this, prior to the Council making its final decision.
Subsequently, a motion was made by Councilmember McGIII, seconded by Mayor Keenan, and
carried by the following roll call vote that the City Council continue its consideration of
Amendment to Conditional Use Permit 96-17, pending completion of a study regarding the effect
of a car wash tunnel on noise at the project location. Council further directs Staff to hire a noise
consultant, at applicant's expense, to complete such a study and submit it for Council's
consideration in approximately six to eight weeks.
CITY COUNCIL MINUTES MAY 10, 1999
Public Headno Rec3ardino Extension of Conditional Use Permit No. 97-3. Used Automobile
Sales Lot, located at 9060 Walker Street,
Community Development Director Angus presented the staff report on this item, an
application from Mr. Nat Briganti, Action Auto Sales, to permanently extend Conditional Use
Permit No. 97-3 for his used automobile lot located at 9060 Walker Street, Cypress.
This application requested permission to allow 23 vehicles on the site (16 are currently
permitted), to add Sunday operations, and to allow a maintenance storage shed to remain on the
rear of the property.
Staff had received six (6) substantiated complaints from Bishop Street residents
regarding the use, and three additional complaints since the staff report was prepared. Because
of these complaints and because the applicant has not been in total compliance with the
conditions established for the original Conditional Use Permit, staff was recommending extension
of the C.U.P. for a limited period of one year, to allow further monitoring of the business
operation.
Following the presentation of the staff report, the Councilmembers had several questions
regarding increased parking for the additional vehicles, the location of the storage shed, and
maneuverability of the vehicles. Director Angus responded that the storage shed was to remain
in the same location, and the guest parking was to be located elsewhere on the site, Director
Angus suggested that questions regarding the maneuverability of the vehicles be presented to
the applicant.
Mayor Keenan opened the public hearing on this item. The applicant, Mr. Nat Briganti,
Action Auto Sales, 9060 Walker Street, Cypress, California, 90630, addressed the parking issue
by stating that he felt there was adequate parking already, and that the matter was not an issue.
In response to a question from Mayor Pro Tem Piercy, he said that no detailing was currently
being done on the site; just occasional washing of the vehicles.
The Mayor asked if there were anyone wishing to speak in favor of the request. Two
individuals stepped forward to express their support for his application: Nicholas Eighmy, 9632
Glenbrook, Cypress and Don Lattison, Boardmember of the Westminster Chamber of Commerce.
The Mayor then asked if there were anyone wishing to speak in opposition. The following
individuals spoke in opposition, citing excess parking, speeding down the alley, use of a
loudspeaker system, conducting business on Sundays, and the difficulty in getting to and leaving
their homes, due to all the vehicles parked on Bishop Street: Rick Preuss, 5552 Bishop Street,
Cypress; Tom Sipe, 5421 Nelson Street, Cypress; Sally Kaspar, 5582 Bishop Street, Cypress;
Michael Spelman, 5572 Bishop Street, Cypress; Lori Webber, 5592 Bishop Street, Cypress; lan
Barker, 5532 Bishop Street, Cypress; Tim Willson, a resident of Bishop Street, Cypress; and
Frances Staplsh, also a resident of Bishop Street, Cypress. Ms. Stapish provided the
Councilmembers with a copy of a videotape showing the conditions at the project site, and urged
the Council to view it prior to making any decisions regarding approval or disapproval.
Mr. Briganti approached the podlum and indicated his surprise at the comments made.
Mayor Keenan wanted to know if the business was currently open on Sunday; Mr. Briganti
responded that occasionally he may show a car on Sunday, or let the cleaning lady in, or
complete some financial paperwork. The Mayor noted that Mr. Briganti had not been in
compliance with the signage requirements, and Councilmember Sondht posed a query as to why
Mr. Briganti had failed to comply with the original terms of the Conditional Use Permit. Mr.
Briganti responded that it was difficult to control; that having only 16 cars on the lot made it look
as if he "was going out of business" and that he could easily accommodate at least 23 vehicles.
When no further comments were forthcoming, the Mayor closed the public hearing.
The Councilmembers then posed several questions and discussed various issues
including the public address system, alarms, location of the tilted ramp, the current number of
cars on the lot, the impact of streetsweeping, whether or not any auto detailing was occurring at
the auto sales location, the aesthetics of the building and its appurtenant landscaping, the site in
general, and the parking issue. Mayor Pro Tern Ptercy did not feel that the number of cars on the
lot was Significant, as long as the number did not impact maneuverabillty and interfere with the
CITY COUNCIL MINUTES MAY 10, 1999
maximum of 20 vehicles be offered for sale on the premises, and that the business remain closed
on Sundays, by title only, title as follows:
RESOLUTION NO. 5086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE EXTENSION OF CONDITIONAL USE PERMIT NO 97-3, WITH CONDITIONS.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: McGill, Sondhi, Keenan
NOES: I COUNCILMEMBER: Piercy
ABSENT: I COUNCILMEMBER: McCoy
Public Headno Re¢3ardina Establishment of Underoround Utility District No. 99-1 (Lincoln
Avenue between Valley View and Holder Streets}.
Interim Public Works Director Scholl presented the staff report on this item. In January of
1999, staff was directed by Council to begin undergrounding utilities along Lincoln Avenue. In
April, the Council adopted a Resolution of Intention to Establish Underground Utility District No.
99-1 on Lincoln Avenue between Valley View and Holder Streets.
Work to place electric and telephone lines within the public right-of-way underground is
funded by utility company funds specifically reserved for this use. The cost for the necessary
meter box conversions will be borne by the City. The entire project is estimated for completion
by December of 2000.
Two of the poles west of Valley View on the south side of Lincoln lie within the boundaries
of Buena Park. For this reason, it will be necessary to obtain the permission of Buena Park to
underground these poles. In response to several questions posed by Councilmember Sondhi,
City Manager Ochenduszko and Director Scholl explained that the funding for this project will
either be made available from the City of Cypress, or the City of Buena Park may borrow the
funds from Edison. Councilmember Sondhi was also informed that this was a routine matter, and
that there was no reason why it would not be approved by Buena Park.
Mayor Keenan opened the public hearing. Speaking in favor of the project was Mr. Allen
Crowder, 6881 Reefton, Cypress. No one wished to speak in opposition. The Mayor closed the
public hearing and returned the matter to Council.
A motion was then made by Councilmember McGill, seconded by Mayor Pro Tem Piercy,
and carried by the following roll call vote to adopt the Resolution approving the establishment of
Underground Utility District No. 99-1 by title only, title as follows:
RESOLUTION NO. 5087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FORMING AND ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 99-1
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
I COUNCILMEMBER:
Piercy, McGill, Sondhi, Keenan
None
McCoy
NEW BUSINESS
Request to Remove a Parkway Tree at 11348 Madeira Street.
Interim Director Stan Scholl presented the staff report on this item, which represented an
appeal to City Council of staff's denial to remove a tree from the residence located at 11348
Madeira Street. Mr. Scholl explained that the tree did not meet any of the criteria established by
City Council for tree removal, which is why the request was denied. Applicants Jane Chuang and
Kevin Cheng felt the tree posed a threat to the integrity of the concrete work, and therefore
presented a safety hazard. They were, therefore, asking for Couneil's reconsideration of their
CITY COUNCIL MINUTES MAY 10, 1999
The applicants were not present to provide any input on the matter.
A motion was then made by Mayor Pro Tam Plercy, seconded by Councilmember McGiil,
and carried by the following roll call vote that the street tree located at 1'1348 Madeira Street be
left in place, and that the applicants' appeal be denied.
AYES: 3 COUNCILMEMBERS: Piercy, MeGill, Sondhi
NOES: I COUNCILMEMBER: Keenan
ABSENT: '1 COUNCILMEMBER: McCoy
Consideration of Addition of Decorative Concrete Pavers for the Lincoln Avenue Bridge,
Lincoln Avenue Streetscaoe Prolect No. 9805,
Interim Public Works Director Scholl presented the staff report for this item, During the
original planning process for the Lincoln Avenue Project, concrete pavers had been discussed
for the Lincoln Avenue bridge. They were, however, not included in the $4.2 million contract
which has almost been completed. The pavers are available for an additional cost of
approximately $'170,000, and there are funds available for the pavers if the Council deems they
are necessary. However, as there are other alternatives for enhancing the bridge and staff feels
the funds available could be better spent elsewhere in the project, the recommendation was that
the pavers not be included in completing the bridge.
The Mayor noted that a "lip" had been left at the edge of the bridge, and inquired if that
was there to accommodate the pavers. The reply was in the affirmative; however, the Mayor was
told that the contractor would be making an adjustment. A brief discussion ensued, and the
consensus of the Council was to approve staff's recommendation.
It was moved by Mayor Pro Tem Piercy, seconded by Councilmember McGill, and carried
by the following roll call vote that decorative concrete pavers for the Lincoln Avenue Bridge
would not be included in the Lincoln Avenue Project.
AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Pieroy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: McGill
Introduction of the First Readina of Ordinances for the Latest Model Building, Fire,
Electrical, and Plumbin~ Codes with Amendments for the City of Cvoress.
The City Manager advised that staff wished to continue this item. A motion was made by
Mayor Pro Tern Plercy, seconded by Councilmember McGill, and carried by the following roll call
vote, that the City Council continue this matter to its next regularly scheduled meeting on
Monday, May 24, '1999.
AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: '1 COUNCILMEMBER: McCoy
Approval of Commercial Warrant List Nos. 37425-37643.
Mayor Keenan abstained from voting on Warrant Nos. 37450, 3745'1 and 37452.
A motion was then made by Mayor Pro Tem Piercy, seconded by Mayor Keenan and
carried by the following roll call vote (with Mayor Keenan abstaining on Warrant Nos. 37450,
37451 and 37452), that the City Council approve the City of Cypress Commercial Warrant List for
Warrant Nos. 37425-37643, totaling $1,298,506.02, as presented.
AYES: 4 COUNCILMEMBERS: McGIII, Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: McCoy
RECREATION AND PARK DISTRICT MATTERS
The Cypress City Council, acting as the ex officio Governlnr~ Rn~rrl ~ nlr~,-. .... · ~k^
CITY COUNCIL MINUTES MAY 10, 1999
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS
Mayor Pro Tem Piercy offered several brief comments, in response to the Mayor's
recommendation that Councilmembers' Committee Reports be deferred until the next regularly
scheduled meeting, due to the lateness of the evening.
Mrs. Piercy remarked on the exceptional quality of the Orange County Water District's
video regarding water sanitation, and noted that it would be rebroadcast along with the replay of
the City Council meeting. The Mayor Pro Tem noted the importance of educating the public
regarding water issues, and advised that she is scheduled for another water trip the following
week, upon which she will report at the next meeting.
Councilmember McGill expressed his admiration for the fine work done on the Lincoln
Avenue Project newspaper by the Community Development Department. He encouraged
everyone in the audience to use the coupons enclosed, and take advantage of the discounts
inside the publication offered by area business owners.
Mayor Pro Tem Piercy inquired as to whether or not the City had requested funding from
the Orange County Sanitation District in reference to their cooperative project program. City
Manager Ochenduszko replied that staff would provide a response to that question at the next
regularly scheduled meeting.
ORAL COMMUNICATIONS For Mat.~ers Not on the Agenda.
None presented.
WRITTEN COMMUNICATION ForMattersNoton,~heAgenda
The Mayor reported that he had received a letter from a City of Cypress resident seeking
information regarding the green recycling container provided by the City, and instructions
relating to its proper use. Mayor Keenan advised that the City of Cypress has an extremely
progressive recycling programs in place, recycling styrofoam and other products not commonly
recycled by other municipalities. He noted that he had been recycling for over 20 years, and
urged all citizens to partioipate in the recycling program, reminding them of their responsibility,
as fellow residents of this planet, to do so.'
ADJOURNMENT
There being no further business, Mayor Keenan adjourned the meeting at 11:34 p.m. The
next meeting of the City Council is scheduled for Monday, May 24, 1999, at 5:30 p.m. in the
Executive Conference Room, West Wing of the City of Cypress City Halt, 5275 Orange Avenue,
Cypress.
MAYOR OFTHE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS