Minutes 95-11-13
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 13,1995
The Regular Meeting of the Cypress City Council was called to order at 4:32 p.m., in the
Administrative Conference Room, City Hall, West Wing, 5275 orange Avenue, cypress,
Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Council members Bowman, carroll, Kerry and Age
Council member Jones
Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh
and staff members Christoffels, Kelly and storey.
WORKSHOP SESSION: Cypress Business and Professional Center specific Plan Amendment
and Environmental Review. Discussion was held with staff and the consultants on issues
regarding the Cypress Business and Professional Center on Issues surrounding that
property adjacent to the LOS Alamltos Race course, south of Cerritos Avenue and west of
Walker street, regarding the need for various studies and environmental impact reports.
RECESS: Mayor Age recessed the meeting at 5:35 p.m. to enable the Council to convene
in the Council Chamber. The meeting reconvened at 5:47 p.m. with all Council members
present except Council member Jones. Also present were City Manager/City Clerk Darrell
Essex, City Attorney John cavanaugh and staff members Bacock, Christoffels, Decarlo,
storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one spoke.
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF A RIGHT TURN LANE FOR
SOUTHBOUND VALLEY VIEW STREET AT KATELLA AVENUE. PUBLIC WORKS PROJECT NO. 8964:
The Public Works Director presented the staff report dated November 1,1995, which
indicated ten bids had been received for the installation of a right turn lane for
southbound valley View Street at Katella Avenue in order to maintain acceptable levels
of service at this intersection.
It was moved by Council member Bowman and seconded by Council member carroll that
the City Council:
1. Determine the lowest responsible bidder for Public works project No. 8964 to be
Camino Irvine co.;
2. Award a contract for the Installation of a right turn lane for southbound Valley
View Street at Katella Avenue to Camino Irvine co., 2117 Via Gavilan, san Clemente,
California 92673, in the amount of $118,412.00 (award amount of $107,646.75 plus
10% contingency); and
3. Appropriate $63,412.00 from the Traffic Mitigation Fee Fund to Account No. 4186-
22-426-21.
The motion unanimously carried by the fOllOWing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
CONSIDERATION OF AWARD OF CONTRACT FOR A SPACE NEEDS STUDY FOR THE CYPRESS CIVIC
CENTER. PUBLIC WORKS PROJECT NO. 9536: The Public Works Director summarized the
staff report dated November 1, 1995, which identified 530,000 In the 1995-96 budget for
an outside consultant to evaluate the current and future space needs for the Civic
center. This request was prompted by several capital Improvement requests made by
the Police Department during the budget process to address overcrowding, operational
and crime evidence storage issues. In addition, there are operational changes for the
rest of City Hall that have occurred since the original building was built.
Council member Carroll suggested tabling this Item until next year when the City has a
new Manager and not spend the $22,000 on an evaluation that could be performed by
staff.
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CITY COUNCIL MINUTES
Novernber13,1995
It was moved by Council member Kerry and seconded by Council member Bowman to
award a contract for a space needs stUdy for the Cypress Civic Center to Thirtieth Street
Architects, Inc., 2821 Newport Blvd., Newport Beach, California 92663, In the amount of
$22,770 (Account Number 4189-11-201-07>. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Bowman, Kerry and Age
1 COUNCILMEMBERS: carroll
1 COUNCILMEMBERS: Jones
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF NEW ROOF AT COUNCIL
CHAMBER, PUBLIC WORKS PROJECT NO. 9519: The City Manager asked the Public Works
Director to review the staff report dated October 31, 1995. Three bids were received
for the installation of a new roof on the Council Chamber building.
It was moved by Councllmember Bowman and seconded by Council member CarrOll to
determine that the lowest responsibie bidder for Public Works project No. 9519 to be
Best Roofing company and award a contract for the Installation of new roof at Council
Chamber to Best Roofing company, 1656 Plaza Del Amo, Torrance, California 90501, In the
amount of $44,660.00 (award amount of $40,600.00 plus 10% contlngencyl. The motion
unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
CONSIDERATION OF PURCHASE OF ONE (1) PORTABLE EMERGENCY WATER PUMP. REQUEST FOR
QUOTATION NO. 9596-6: The PUblic Works Director gave the staff report dated October
23,1995, which Indicated that two responses for request for proposal were received for
a replacement portable sewer/storm water pump.
It was moved by Council member Kerry and seconded by Councllmember Bowman to:
1. Determine that Rain for Rent is the lowest responsible bidder and
2. Authorize the purChase of one sykes Pump Model HDV100 and attachments, as per
the specifications in ReqUest for Quotation No. 9596-6, from Rain for Rent, 6400
Fisher Road, P.O. BOX 581, Riverside, California 92592, In the amount of $20,189.61.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
CONSIDERATION OF AUTHORIZATION TO RELEASE "LETTER OF INTENT" FOR FISCAL YEAR
1996/97 POLICE PACKAGE VEHICLE PURCHASE: The City Manager asked the Finance Director
to summarize the staff report dated November 1,1995, which identified 11 pollee
vehicles for replacement during the 1996/97 budget year. The Los Angeles Sheriff's
Department has awarded a contract for the purchase of 1996 pollee paCkage vehicles to
Wondries Fleet Division. Government agencies may "piggyback" with this award thereby
receiving the large quantity purchase discount for small quantity purchases. The Police
Department has requested the purchasing Officer to release a "Letter of Intent" to
purchase the vehicles after July 1, 1996. There is no obligation for the future purchase
should the City Council not approve the order in July.
It was moved by Councilmember Bowman and seconded by Council member Carroll to
authorize the purchasing Officer to release a "Letter of Intent" to Wondries Fleet
Division, 1247 west Main St., Alhambra, CA 91801, to purchase eleven (11) pollee package
vehicles under the Los Angeles county Sheriff's Department contract after JUly 1, 1996.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
CONSIDERATION OF AWARD OF CONTRACT FOR CUSTODIAL SERVICES. REQUEST FOR QUOTATION
NO. 9596-9: The City Manager asked the Public Works Director to present the staff report
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CITY COUNCIL MINUTES
Novernber13,1995
dated November 6,1995, which described the 11 bids received for custodial services. He
noted that the previous contract expired on October 31,1995 but was extended for one
month with the successful bidder's contract becoming effective December 1,1995. The
PUblic Works Director advised that he would track the amount of staff hours expended
to orient the new company to determine the savings and he will report back to Council
in approximatelY two months.
It was moved by Councilmember Bowman and seconded by Council member Carroll to
determine that Bell Building Maintenance co., 8600 sepulveda Blvd., #10, North Hills,
California 91343, is the lowest responsible bidder and authorize staff to issue a two year
contract, effective December 1, 1995, to provide custodial services as per ReqUest for
Quotation No. 9596-9, at an annual cost of $19,740.00. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carrOll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
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.
Mayor Age removed Item No. 21A, Placing Oral Communications at the End of the
Meeting, listed on the Addendum to the City Council Agenda. Council member Bowman
asked to remove Item No. 15, Granting Two Easements to Pacific Bell. Council member
Carroll pulled Items No. 20 and 21, Agreement Between the City and comp Plus and
Monthly Investment Program, respectively. Councilmember Kerry asked that Items 18,
23 and 24, Design Review Committee's Approval of DRC #95-49,50 and 51, 1995 Summer
Concert Series and Review of the 1995 cypress community Festival, respectively.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
approve the Consent Calendar Items NO.7 through 25, with the exception of Items No.
15,18,20,21, 21A, 23 and 24. The motion unanimously carried by the fOllowing roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
Item NO.7: Motion to APprove City Council Minutes of October 2,1995 and October 10,
1995.
Recommendation : That the City Council approve the Minutes of the Adjourned Regular
Meeting of October 2,1995 and the Regular Meeting of October 10,1995, as submitted.
Item NO.8: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented
for Consideration by Title only and to Waive Further Reading.
Item NO.9: Consideration of proclaiming the Remaining Holiday Months of 1995 and All
of 1996, as "Buckle Up For Life Challenge."
Recommendation: That the Mayor and City Council officially proclaim the remaining
holiday months of 1995 and all of 1996, as "Buckle up For Life Challenge."
Item No. 10: Consideration of Claim Flied by Mark Campbell.
Recommendation: Receive and file.
Item No. 11: Consideration of proclaiming November 19 . 26,1995, as "Bible Week."
Recommendation: That the Mayor and City Council officially proclaim November 19 - 26,
1995, as "Bible Week" in the City of cypress.
Item No. 12: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Michael Gabriel & Nadia Michael Eskaros, D.B.A. Antonio'S Italian FOOd, 4455
Cerritos Avenue, cypress.
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CITY COUNCIL MINUTES
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Recommendation: Receive and file.
Item No. 13: Consideration of Authorization of the 1996/97 Regional Used Oil Recycling
Block Grant Application.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, authorizing a Joint Used Oil Recycling Block Grant Application.
RESOLUTION NO. 4551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING A JOINT
USED OIL RECYCLING BLOCK GRANT APPLICATION.
Item No. 14: Consideration of Acceptance and Assessment for Abatement of Seasonal
and Recurring Weeds for Phase I of the 1995/96 Program.
Recommendation: That the City Council: 1) Accept the work of weed and rubbish
abatement as being satisfactorily completed in accordance with the speCifications for
the work; 2) Adopt the Resolution by title onlY, title as fOllOWS, confirming weed
abatement assessments and imposing special assessment as a lien on the parcels listed
on Exhibit "A"; and 3) APprove the contract cost with Edwin Webber, Inc., 8472
Rembrandt Drive, Huntington Beach, CA 92647, In the amount of $8,612.21.
RESOLUTION NO. 4552
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE
CITY OF CYPRESS.
Item No. 16: Consideration of Acceptance of project for the Construction of a Free-
standing Public Restroom to be located in Veterans park, Public Works project No. 9403.
Recommendation: That the City CounCil: 1) Accept the Construction of Veterans Park
Restroom, Public Works project No. 9403, as being satiSfactorily completed in
conformance with the project specifications; 2) Approve the final retention payment to
T & M construction, 8946 Reales, Alta Loma, California 91737, thirty-five (35) days after the
Notice of Completion is filed; and 3) Authorize the City Clerk to release the Labor and
Materials Bond upon expiration of the required lien period, if no claims or objections
have been filed, and to release the Faithful Performance Bond upon the expiration of
one year's guarantee upon the concurrence of the Director of Public Works.
Item No. 17: Consideration of Audit Report of the City of Cypress' Appropriation Limit
for the Year Ended June 30, 1995.
Recommendation: Receive and file.
Item No. 19: Consideration of Employment List Extension - Police Dispatcher II
(EXperienCed).
Recommendation: That the City Council receive and file the extended Employment List
for the position of Pollee Dispatcher II.
Recreation & park District Matters:
Item No. 22: Consideration of Audit Report of the cypress Recreation and Park District's
Appropriation Limit for the Year Ended June 30, 1995.
Recommendation: That the City council, acting as the ex officio Board of Directors of
the Cypress Recreation and Park District, receive and file said report.
Item No. 25: Consideration of Pilot MUSic Program to be Held at Landell Elementary
School.
Recommendation: That the City council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District, approve a pilot music program to
be held at Landell Elementary school, as recommended by staff, to begin January 1996.
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CITY COUNCIL MINUTES
November 13, 1995
END OF CONSENT CALENDAR
Regarding Item No. 15, Consideration of Granting Two Easements to Pacific Bell,
Councilmember Bowman didn't recall granting a free easement to pacBell or anyone
else previously. Councllmember Kerry said that a number of things will be dramatically
affected if PacBell starts using fibre optics in competition with Copley/Colony. After
some discussion, the City Manager suggested that this Item be continued to the next
meeting because PacBell has asked for a workshop. Council member Carroll asked if
before the item is held over, PacBell be apprised that the City Council doesn't think they
should get a free easement. Mayor Age would prefer that PacBell be on the agenda
rather then make a presentation during oral communications. The Mayor asked that the
Mr. Lowman be advised of the workshop. It was moved by Council member Bowman
and seconded by Councilmember Carroll to continue this item to November 27, 1995.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT
4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
With regard to Item No. 18, Consideration of Design Review Committee's Approval of
DRC #95-49, #95-50 and #95-51, Councilmember Kerry asked for a description of the
monument sign and what was being proposed for that location in DRC #95-49. The City
Manager suggested that this item be deferred to later in the evening when the
community Development Director is present.
In regard to Item NO. 20, Consideration Of an Agreement Between the City of Cypress
and comp Plus for Employee Relations services, it was moved by Councilmember Carroll
and seconded by council member Bowman to amend the recommendation by inserting,
.....in an amount not to exceed $10,000." and to authorize the Administrative Services
Director to enter into an agreement with comp Plus consulting firm to provide
Employee Relations Services. The City Manager asked that this item be deferred until
after Closed Session. Council member Carroll withdrew his motion and Council member
Bowman withdrew his second.
Regarding Item No. 21, Consideration of Monthly Investment Program for the Months of
september and october 1995, Councilmember Carroll asked about the Lighting District
funds and the Finance Director explained about the promissory note from the Lighting
District advancing money to the Redevelopment Agency to payoff the owners'
participation agreement note. The Finance Director suggested a "notes receivable"
supplement be added to the portfolio. Council member Bowman asked that any other
notes receivable be listed also. It was moved by council member Carroll and seconded
by Councilmember Bowman to receive and file the report. The motion unanimously
carried by the fOllOWing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
Regarding Item 21A, Consideration of Resolution Deleting "Oral Communications For
Matters Not on the Agenda" at the 7:30 p.m. Session for Placement at the End of the
Meeting, Mayor Age asked if the Council would like to continue the present order on the
Agenda. She said the oral communications could be limited or moved to the end of the
agenda. Council member Bowman recommended that oral communications for matters
on the agenda be left as is but oral communications for matters not on the agenda be
moved to the end of the meeting. Councilmember Carroll concurred, but suggested
waiting until after the first of next year. Councilmember Kerry said the Council should
consider doing this now, but as a temporary measure for about three months. The City
Attorney advised that a Resolution was needed to change the order of the Agenda and
if acted upon tonight, it would be effective at the next meeting. It was moved by
Council member Bowman and seconded by Council member Kerry to adopt a Resolution
placing Oral Communications for Matters Not on the Agenda at the end of the agenda,
effective November 27,1995. The motion unanimously carried by the fOllowing roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
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CITY COUNCIL MINUTES
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In regard to Item No. 23, Consideration of 1995 summer concert Series, Councilmember
Kerry noted that the cost to the City for the Cypress POPS Orchestra was less than the
amount expended for some of the other groups. It was moved by Council member
Kerry and seconded by Council member Bowman to receive and file the report. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
With regard to Item No. 24, Consideration of Review of the 1995 cypress Community
Festival, Council member Kerry commented that she wanted the citizens to be aware of
how effective the volunteerism is in the City and the amount of work involved. It was
moved by Council member Kerry and seconded by Council member Bowman to receive
and file the report. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
CLOSED SESSION: Mayor Age recessed the meeting at 6:23 p.m. to allow the Council to
enter into Closed Session to discuss those agendized items of: Conference with Labor
Negotiator (Government Code Section 54957.6), Conference with Legal Counsel
(Government code Section 54956.9(al on two Workers compensation Appeals Board
Cases, Conference with Real property Negotiator (Government Code Section 54956.8) on
5800 Lincoln Avenue and Conference with Legal Counsel on Five Anticipated Litigation
Cases (Government Code Section 54956.9(bl. The meeting reconvened at 7:35 p.m. with
all Council members present, except Council member Jones. Also present were City
Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members
Bacock, Christoffels, Decarlo, Kelly, Storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Council member Kerry.
PRESENTATIONS:
The City Clerk administered the Loyalty Oath and Mayor Age presented Certificates of
APpointment to the new Cable Television Commissioners Nick Eighmy, Nelson Harper
and BeVerly Martin.
The City Manager announced that the City received the 1995 programming Award,
second place In the public Education category from the National Association of
Telecommunications Officers & Advisors to the City of Cypress. Mr. Gary Bacock
introduced John Olson, who was responSible for the winning video, and presented the
plaque to the City.
Ms. Lucy Cunningham, PacifiCare Foundation, presented a grant award of $7,500 to the
Youth Roller HOCkey program in Cypress, along with a plaque, to the Recreation & park
Director.
Mayor Age asked police Chief Wicker to acknowledge the donations made to the D.A.R.E.
program from the Dickerson SChOOl P.T.A., Betty Harlan, principal and Linda Gartin, P.T.A.
President in the amount of $500; and an individual donation from Tim Keenan in the
amount of $100.
The City Manager reviewed discussions occurring during the 4:30 p.m. Workshop Session
on the Cypress Business and professional Center specific Plan Amendment and
Environmental Review. He then summarized the actions taken by the Council at the 5:30
p.m. portion of the agenda.
The City Attorney reviewed discussions held during Closed Session on a number of items
including conference with: the Labor Negotiator, Legal Counsel on the two workers
compensation claims of Phillip satterfield and Michael Munoz, Real Property Negotiator
inVOlving the cypress Redevelopment Agency, and Legal Council on five anticipated
litigation cases.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
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Mr. Bob Sundwall, 5486 vista Sierra, Cypress, congratulated the Council on the successful
election. He also mentioned being accused of taking someone else's mail and everyone
knows who it is.
COUNCILMEMBER JONES ARRIVED AT 8:00 P.M.
Ms. Toshlko Crawford, 5872 orange Avenue, Cypress, complained about the intermediate
care facility at 9502 Sonwell Place across from her house creating parking problems. She
said more parking space is needed for this type of a facility. Mayor Age advised that the
City Manager will review the situation and report back to MS. Crawford.
MS. cindy warren, 10413 cary CirCle, Cypress, remarked that Landell Elementary school, a
year-round school, is located on Denni Street which Is a very busy street. She reported
the unsafe conditions created by the speed of the traffic and sight distance problems
on Denni Street. She urged the Council to act on the unsafe traffic conditions and
suggested the installation of flashing lights warning motorists of the year-round school.
Mayor Age suggested that this concern be discussed in a Traffic Commission meeting.
Mr. Don wesling, 11431 Anegada street, Cypress, said he learned from the Recall Election
and it would help formulate their future quest. Big money provided by big business
overwhelmed them, along with the lies, half-truths and absentee ballots mailed to
people who did not request them in their area. His experience in the trucking industry
tells him that the trucks will ruin this City. He thanked the people for their support.
Mr. George Hallak, 5452 Marion Avenue, Cypress, remarked that when the citizens heard
the truth, they voted for those people who told them the truth and the truth won.
Ms. Kathern Beasley, 11351 Anegada street, Cypress, complained about the signal that
had been placed directlY behind her house and she sees it every time she goes into her
bedroom. There are three or four people on the Council that have divided the City and
they have taken peace of mind and tranqUility away.
Mr. Jim Kabac, 5167 Cumberland Drive, Cypress, expressed his bad feelings about the
deliberate division of south City against north City.
Mrs. Consuelo Wesling, 11431 Anegada street, cypress, said that they lost much more
graciously than the recall candidates won. The best thing for the City is clean air and
money means nothing when dying from pollution. She urged the Council to do an
updated EIR before approving any more projects.
Ms. JO Dutro, 10002 St. stephen Circle, cypress, commented that the citizens of the
community have given the Council their wholehearted support. It is time for healing,
putting aside the name calling, anger and the bad feelings and work for the common
good of all concerned.
Councilmember Kerry made some comments on the recent recall election. She thanked
all of the people that worked so hard on the election and for the tremendous voter
turnout.
Councilmember Bowman thanked his family and friends for their support and all the
people that worked on the campaign. Now it Is time to get back to the business of the
City.
Mayor Age recalled that there had been a lot of emotion on the many issues before the
Cypress voters. The people have voted and the business of the City must go on. She
thanked all the people for their support and was grateful that they were able to be
there tonight.
Councilmember Carroll said he appreciated the tone on Jo Dutro'S message and the
question of the Shaw warehouse has been debated, voted and settled and should be
behind them. Three things could be learned: the affirmation of the City Council
indicated the people want financial stability, votes on measures further enforces the
desire for financial stability and all citizens need to work for better and less expensive
ways to resolve conflicts in cypress.
RECESS: Mayor Age recessed the meeting at 8:25 p.m. and reconvened at 8:35 p.m. with
all Councilmembers present.
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ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
wished to speak.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-
11. OFFICEIWAREHOUSE. DISTRIBUTION SPECULATIVE BUILDING. 11261 WARLAND DRIVE.
CYPRESS: Mayor Age opened the pUblic hearing. The City Manager asked the community
Development Director to present the staff report dated November 2,1995. She read
the one letter, copies of which were sent by 15 different people, aSking for a full and
complete EIR. Those people were Don and Consuelo wesling, Steve and Danielle
Galanter, paula and Tim English, Mr. and Mrs. William sanchez, Ingrid and Gerry Kline, Mrs.
Jeannine Shell, Mr. and Mrs. Keith Neilsen, Kay and Bob Pepper, Kathy and David Simcox,
Gloria and Jerry Sharber. Additionally, a letter was received from Kathy Simcox, aSking
that the proposed project be rejected because a full and complete EIR had not been
performed on the property since 1983.
The community Development Director then presented the staff report which indicated
the application was originally heard before the City Council at the AugUst 14, 1995 City
Council meeting and continued to the August 28,1995 meeting. At the August 28,1995
Council meeting, it was determined that due to a technicality, this item required re-
noticing of the pUblic hearing and It was subsequently rescheduled to the November 13,
1995 Council meeting. The application represented a request to construct a 181,924
square foot multi-tenant office/warehouse/distribution spec. building on the property
located at 11261 Warland Drive in the PC-4 Planned Community Business park Zone. The
proposed project meets all development codes and standards set forth in the Cypress
zoning Ordinance, as well as the warland/Cypress Business center Specific Plan. The
proposed project is also consistent with the goals and policies set forth In the Cypress
General Plan and the warland/Cypress BUSiness Center specific Plan. In accordance with
the requirements of the California Environmental Quality Act, an Initial StUdy and
Mitigated Negative Declaration have been prepared for this project. The Design Review
Committee had reviewed the architectural and site design of the proposed building and
recommended approval of the project, subject to conditions. Two separate access
pOints are proposed for the site, both of which are located on warland Drive. Traffic
and noise Impact studies were conducted. The applicant has informed staff that the
building is designed for only two tenants and that no specific tenant(s) have been
identified for this location at this time. Notices of the pUblic hearing were again
publiShed, posted and mailed to all property owners within a 300-foot radius of the
subject property and with respect to this renoticing, staff has not received any
additional comments regarding the project. In addition, the City notified the cities of
Garden Grove and Los Alamitos and the applicant has notified the Los Alamitos Air Base.
TO date, staff has received no comments from either of the cities or the LOS Alamitos Air
Base.
The applicants were In the audience but declined to speak at this time.
No one wished to speak in favor of the project. Mayor Age asked if anyone wished to
speak in opposition to the project.
MS. Danielle Galanter, 11512 Samoa street, cypress, provided documents for the Council
and the press. She then presented her report stating that CUP 95-11 as a discreet
isolated unit was illegal under CEQA. The publiC had not been provided with an
overview of the total development plan for planning Area 1 or a comprehensive stUdy
Of its various environmental impacts on surrounding areas and the entire City prior to
approval of a series of individual conditional use permits. She spoke about traffic
impacts, number of trip ends per day, traffic projections, effect of truck traffic on level
of service of surrounding streets, and road improvement fee. Based on her
information, the city Council has no choice but to reject the traffic stUdy in Its entirety,
reject the applicant's request for a conditional use permit for the proposed project and
require a complete and impartial EIR for all of Planning Area 1 before considering any
additional projects.
Mr. Don wesling, 11431 Anegada street, cypress, commented that he had a
granddaughter with aliergies that can no longer stay at his house. He Objected to the
proposed project and challenged the negative declaration and the conditional use
permit. He stated he had paperwork that documented the zoning as a Regional Park
and he would provide it. There was a discussion about the zoning of Planning Area 1.
Ms. Galanter remarked on the PC.4 zoning along with a request for a General Plan
amendment Changing the central part of Planning Area 1 from a park designation to
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CITY COUNCIL MINUTES
November 13, 1995
business park designation. The law provided that adjacent uses must be considered;
that compatibility between the use proposed and residential use which is adjacent be
considered.
Mr. Bob Pepper, 6273 Trinidad Avenue, Cypress, noted that no one but the landowner
ever spoke in favor of the projects. It is a beautiful building but It doesn't change what
It is, it is a trucking warehouse. The people living in the lower 1/3 of cypress have been
deceived and misled and it is time to stop the unfairness. The request for a complete
and impartial environmental impact report is a fair request and a responsible City
Council would have done it long ago. He said the only thing they have wanted is an
environmental impact report; that's all they've ever asked for.
Dr. Alan BUCk, 6073 Nauru street, Cypress, proceeded to critique the documents
submitted by the consultants on traffic and noise impacts. He stated that Dwayne
Mears of The Planning Company, had committed a total of 55 errors and 48 omissions
and he referenced those pages. He then turned to the noise study conducted by Mr.
Fred Greve, about which Dr. Buck contended Mr. Greve has little or no knowledge of
audiometry, weight propagation, statistic or California state noise standards and
regulations. He then commented on the traffic study. He has accepted the challenge
to put the three consultants out of business and has started a petition to do so. He
would like a formal response from the City Attorney at the next meeting indicating if he
is going to file suit against the three consultants for their shoddy document. If he
refuses to do that, then he believed the citizens should file a class action suit.
Ms. Kathy Simcox, 6143 Trinidad Avenue, Cypress, hoped that the Council would listen to
what the citizen experts had to say. She expressed major concerns about this project,
which is a spec warehouse and no one knows who the tenant is or how many trucks
there are. She asked the Council members to take a leadership role.
Mr. Kabac did not speak for or against the project. He has heard repeated assurances
that valley View would not be the route for the trucks but they would go down Katella
Avenue. He asKed why there was a signal and break In the median from Warland Drive
to Valley view street. The PUblic Works Director replied that the widening was to
accommodate the traffic generated by the development. It was always a part of the
Master Plan of the area and agreed that it wouldn't be installed until necessary.
Dr. Buck suggested the Orange county Tax Assessor come out and reassess the warland
property. He said that he had sent a letter in July asking where the missing 40 acres
were that was approved for Planning Area 1 development and he has not received an
answer.
Mr. Bill Sanchez, Cypress, said he was not against the project, but was against
development in the area until a complete, comprehenSive EIR has been done.
Consideration should be given to the requests from the people in the southern part of
the City.
Mr. Dwayne Mears and Ms. Collette Morris, The Planning center, provided an overview of
the CEOA process, starting with impact prediction, Identifying mitigation measures,
publishing the document, public review periods and the phases of a project: design,
construction and operation. Then he responded to some of the comments that have
been made on the project by the citizens on cumulative impacts, traffic, noise, land use,
air quality and public health and safety. The Planning Center's conclusion is that the
project would not generate a significant air quality Impact and the cumulative impacts
would not be greater than under the specific Plan. Responding to Councilmember
Bowman, Mr. Mears answered that they stand behind their analysis of the project.
Mr. Steve sasaki, WPA Traffic Engineering, started with some background on the traffic
studies. Traffic analysis were completed for the fUllY developed area and the mitigation
measures and traffic fees are based upon that. The previOUS analyses provided a ceiling
for which the specific projects can be compared. overall, the proposed project was
evaluated and found to be consistent with the previous traffic assumptions and
mitigations. The City of Cypress has completed detailed traffic studies of future
conditions, assuming cumulative buildout of the development. The proposed project
was evaluated and found to generate less traffic than the previOUS assumptions for the
site. The proposed project will be SUbject to traffic mitigation fees to offset
incremental traffic increases and to mitigate potential impacts. He then proceeded to
address some of the specifiC comments made by Individuals.
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CITY COUNCIL MINUTES
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councilmember Jones expressed a concern about not knowing the particular use for the
proposed project.
Mr. Sasaki continued with his responses to comments and answered questions from
Council.
Mr. Fred Greve, Mestre Greve Associates, 280 Newport Center Drive, Newport Beach,
reported that the noise study looks at four different types of noise impacts:
construction noise impact upon the residents surrounding the project site; the traffic
noise impact that could occur on the public streets; the loading dock noise and noise
occurring from the parking iots. He then responded to verbal comments made at the
August 14 meeting, written comments and the comments made at this evening'S
meeting, Mr. Greve also answered questions from Councilmembers.
Mr. Mark Armbruster, representing Cypress Land company, said that this project will be
substantially the same as the other projects Mr. Harvey has done and it will not be a 24
hour trucking warehouse.
After some discussion on possible business activity at the location, Mr. Armbruster
remarked that they would be willing, as another condition, that when a tenant Is
obtained for this building, they be required to submit the information on the tenant to
the Planning Department staff with regard to the nature of the tenant's business,
number of emplOyees, vehicles and any trucking activity. The City staff can then make a
determination that they are in compliance with the environmental reqUirements as well
as the conditional use permit.
ReSPOnding to Councilmember Kerry'S question on refrigerated trucks, the Community
Development Director advised that there are two approval processes, one Is the
environmental and the other Is the conditional use permit. Councilmember Kerry asked
that a condition be added concerning refrigerated trucks which would be part of the
environmental and part of the permit. Mr. Armbruster concurred.
It was moved by Council member Bowman and seconded by Council member Kerry to
close the public hearing, approve the Negative Declaration and adopt the Resolution by
title only, title as fOllOWS, approving Conditional Use Permit No. 95-11, SUbject to
conditions.
RESOLUTION NO. 4553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-11 - WITH CONDITIONS.
The community Development Director added two additional conditions to address
Council's concerns. "Condition 104. When a tenant is obtained the operational
information shall be submitted to the community Development Department. If the
information Is not In compliance with the environmental and conditional use permit
Information established at the time of approval, the environmental and/or CUP issue Is
to return to the City Council for consideration." "Condition 105. No operating
refrigerator trucks shall be permitted as part of this conditional use permit."
Council member Bowman noted that Council was given a summary of the approved
Cypress Business Park warehouse buildings, covering the area near Knott Avenue to the
Air Base on both sides of the street and there are a lot of good sized buildings with a
number of loading docks. The City has a beautiful Business Park with two major land
owners. He did not find any reason why this building was any different than any other
in the Business park. Councllmember Kerry mentioned that this project Is consistent
with what has been approved by Council. There are a lot of restrictions on the property
and if something comes in that Is not consistent, Council has the right to review it.
Councilmember Jones expressed concern with the number of truck trips ends and it
being a spec building. Without having additional information, she felt a reluctance to
support the project. However, she commented that a warehouse use In the location Is
prObably a very suitable place, but she still wished to know what type of use will
transpire. Responding to Councilmember Carroll, the police Chief replied that there was
not an excessive use of pollee resources in the Business Park area and he quoted some
numbers In terms Of calls for police services in that area. Councilmember Carroll stated
that he favored this project, he mentioned the many conditions on the project and
consideration should be given to the quality of structures this developer has built.
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Mayor Age expressed her support of the project. The motion carried by the fOllowing
roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age
1 COUNCILMEMBERS: Jones
o COUNCILMEMBERS: None
Due to the lateness of the hour, it was moved by Councilmember Jones and seconded
by Councilmember Kerry to continue the meeting past the hour of 11:30 p.m. The
motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Age recessed the meeting at 11:30 p.m. and reconvened at 11:40 p.m.
with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 95-159. SUBDIVISION OF
ONE PARCEL INTO TWO PARCELS. 5995 KATELLA AVENUE. CYPRESS: The public hearing was
opened by the Mayor. The City Manager asked the community Development Director to
summarize the staff report dated November 2, 1995, which had been brought before
the City Council on October 10, 1995. At this meeting, the request was denied due to
the small size of the two parcels after subdivision and concerns over access to the
Interior parcel which would be created as a result of the subdivision. The applicant,
MCDonnell Douglas Realty, requested this matter be rescheduled for this meeting so
they could respond to the Council's concerns presented during that meeting. Notices of
the public hearing were again published, posted and mailed to all property owners
within a 300-foot radius of the property, and to date, staff has not received any
comments on this request.
Mr. Merle pautsch, McDonnell Douglas Realty, 4060 Lakewood Blvd., Long Beach,
explained that corner has always been identified as restaurant usage and initially it was
anticipated that there would be room for two large restaurants. There is a market for
small user restaurants, they are dealing with IHOP and there is a need to find a parcel
that fits.
Mayor Age asked if anyone wished to speak In support of or In opposition to the
application. No one wished to speak.
It was moved by Councilmember Kerry and seconded by Councilmember Jones to close
the pUblic hearing and deny Tentative Parcel Map No. 95-159 and adopt a Resolution by
title only, title as fOllows, denying Tentative Parcel Map No. 95-159.
RESOLUTION NO. 4554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING TENTATIVE
PARCEL MAP NO. 95.159 - WITH CONDITIONS.
Councilmember Kerry explained that she believed access to the project is still a major
problem and she had concerns because of the type of use. The motion carried with the
fOllowing roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Carroll, Jones and Kerry
2 COUNCILMEMBERS: Bowman and Age
o COUNCILMEMBERS: None
CONSIDERATION OF A PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND
BUSINESS - THE KID'S TRADING POST. 9913 WALKER STREET. CYPRESS: Mayor Age declared
the public hearing open. The City Manager presented the staff report dated November
7,1995, which described an application for a Special Permit to allow the conduct of a
secondhand business for sale of used children'S merchandise at The Kid's Trading post,
9913 Walker street, Cypress, filed by Michele Ann Weeks. The Affidavits of Publication
and posting of the PUblic Hearing Notice on this matter are on file in the Office of the
City Clerk and, as of this date, no written communications have been received either in
favor or in opposition to this Special Permit application. The Chief of Police has
conducted an investigation in accordance with Section 15-60 of the Cypress City Code.
In accordance with Section 15-62 of the Cypress City code, the City council, having
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CITY COUNCIL MINUTES
November13, 1995
received the report from the Chief of Police and conducting a public hearing, is to
determine whether or not the operation of the business will comport with the peace,
health, safety, convenience, good morals and general welfare of the public, or that the
applicant or other persons responsible for the management or supervision of the
business is unfit to be trusted with the privileges granted by such special permit or has
a bad moral character, intemperate habits or a bad reputation for truth, honesty or
integrity.
Ms. Michele Weeks, owner of The Kid's Trading post, 9913 Walker street, Cypress, stated
that the store would carry used articles of children's clothing and furniture. She will be
making appointments to buy the used articles for resale.
NO one wished to speak in favor of or against the application.
It was moved by Councilmember Bowman and seconded by Council member Jones to
close the public hearing and conditionally approve the permit so if any substantiated
complaints are received, the permit will be rereviewed by the Council. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-18. CHURCH USE.
4552 LINCOLN AVENUE. SUITES 103-104. CYPRESS: The public hearing was opened by Mayor
Age. The City Manager requested the Community Development Director present the
staff report dated November 6, 1995, which represented a request to operate a church
use within an existing 2,520 square foot commercial lease space located at 4552 Lincoln
Avenue within the Lincoln Avenue Redevelopment Project Area. The proposed location
of the church use meets all development codes and standards set forth in the cypress
zoning Ordinance, including parking provisions. In accordance with the requirements of
the California Environmental Quality Act (CEQA), an Initial StUdy and a Negative
Declaration have been prepared for this project. Staff recommended that proposed
church use be conditioned that If parking or traffic became a problem in this center,
additional measures would be Imposed to mitigate the issue. Notices of this public
hearing were posted, published and mailed to all owners of property within 300 feet of
the subject parcel. TO date, staff has not received any communication regarding the
proposed project.
council member carroll expressed concern about the air quality since there are
automotive businesses Immediately adjacent to the proposed use. Staff would check to
determine if those businesses operated on Sunday.
Mr. Bill Elliot, representative for the applicant, reported that neither automotive facility
is open on sunday. He said that they would run out of assembly space before they
would use all the parking. They have classes during the week and a Wednesday night
service.
Responding to Council member Kerry, Reverend Diane Orsakowski answered that they
are a metaphysical institution and most of their weddings are conducted in other
Places.
Mayor Age asked if anyone wished to speak in support of or in opposition to the
application. No one spoke.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
close the public hearing, approve the Negative Declaration and Director staff to file a
Notice of Determination and adopt the Resolution by title only, title as fOllOWS,
approving Conditional Use Permit No. 95-18, subject to conditions.
RESOLUTION NO. 4555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-18 - WITH CONDITIONS.
The motion carried by the following roll call vote:
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CITY COUNCIL MINUTES
November 13, 1995
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Age
1 COUNCILMEMBERS: Kerry
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-19. CONSTRUCT SIX
(6) APARTMENT UNITS. 8735 AND 8737 BELMONT STREET. CYPRESS: Mayor Age opened the
pUblic hearing. The Community Development Director advised that they had received a
telephone communicatIon on November 7, 1995 from Gene Andre askIng for
clarification on the request for an administrative adjustment. After providing the
information, Mr. Andre stated additional areas of concern regardIng street widths,
storm drains and the ability of the streets to accommodate an increase in pOPulation
because of the new development. This site was considered by the City Council under
Conditional Use Permit No. 95-5 and Tentative Parcel Map No. 95-121. After discussion
and public testimony, the condItional use permit application was denied based on the
issues of driveways, the number of trash containers and compatibility of the size and
scale of the project located at a pOint of transition from the single-family zone to the
multiple-family zone.
This application represents a request to construct six apartments at the northwest
corner of Merten Avenue and Belmont Street. In accordance with the CalifornIa
Environmental Quality Act, a Negative Declaration will be flied for this project. The
applicant has requested an Administrative Adjustment In order to meet the handicap
van stall parking requirement. All demolition work must comply with Air Quality
Management District standards. However, since a neighbor is extremely sensitive to any
airborne matter, staff has conditioned that the site be posted for a week prior to any
demolition work. Notices of the public hearing were mailed to all property owners
within 300 feet of the subject parcel and, to date, staff has received one verbal
comment as mentioned withIn the report.
Mr. Dave crouteau, Q.B.H. partners, 4771 Merten Avenue, Cypress, explained they are
USing the existing driveway, they could not put fireplaces In the units because then they
could not build a brick wall between them and they needed the 17 foot width for the
handicap van, which wasn't required for the previous application.
Mayor Age asked If anyone wished to speak in support of the project. No one did so.
The Mayor then asked if anyone wished to speak in opposition to the project.
Ms. Yvonne Greenelsh, 8751 Sumner Place, Cypress, asked about the number of
driveways and where they would be entering Merten and Belmont. She also asked
about the flooding problems. The community Development Director said that there
was one driveway and It was on Merten Avenue. The public Works Director explained
that one of the requirements of the project Is that the two adjourning streets would be
Improved their full width which would include additional widening and curbs and
gutters. The services for the project would be undergrounded.
Ms. JUdy Ahrens, 8672 Belmont street, Cypress, expressed concern about the flooding
and wondered whether that would be a City project or would the developer be
required to take care of the storm draIns.
The City Manager explained that the area remains in the county Redevelopment area
and they have committed funding for drainage.
Ms. Ahrens said something was needed to slow the traffic, the water lines were
inadequate affecting fire prevention so why was more building being permitted. The
Public Works Director advised the annexation report said the sewers and water lines
were sufficient to handle current and future development. The deficiency was in the
lack of curb and gutter and Improved streets and storm drains. Public Works would
follow up with Southern california water company.
Mr. Gene Andre, 4143 Sussex Circle, Cypress, said the area is zoned multi-family but the
infrastructure of the area won't carry it. There were promises to improve the area and
he put up money to Improve the frontage of his property In 1987. The objection he has
to this project Is there is nothing being done to improve the street or the drainage and
the population is beIng increased. It Is time the City Council takes some action to
correct these prOblems. If the corner is going to be developed, develop the street as
well.
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CITY COUNCIL MINUTES
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Mr. Crouteau remarked that there were two existing units on the lot now, there are
three lots and he is turning two houses into six. He Is taking care of the curb and gutter
improvements.
After additional discussion, the City Manager commented that because of the County's
financial condition, the City might consider funding through a bond issue which could
address these issues.
The Public Works Director would send the concerned individuals an eight page summary
on the progress and where the county stands on these projects.
After some further discussion, it was moved by Council member Kerry and seconded by
Councilmember Jones to close the public hearing and adopt the Resolution by title only,
title as follows, denying Conditional Use Permit No. 95-19. Councilmember Kerry
commented that the development would not improve the area at all. Council member
Bowman said that the landscaping could be conditioned and he believed it would be an
improvement to the area. Councllmember Carroll concurred.
RESOLUTION NO. 4556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING CONDITIONAL
USE PERMIT NO. 95-19 - WITH CONDITIONS.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Jones, Kerry and Age
2 COUNCILMEMBERS: Bowman and carroll
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-20NARIANCE NO.
95-11. ESTABLISH A CHURCH. 6269 BALL ROAD. CYPRESS: Mayor Age declared the public
hearing opened. The Community Development Director reviewed the staff report dated
October 16, 1995, which represented a request to establish a church In a 14,081 square
foot existing structure with a reduced street side year setback, located at 6269 Ball
Road. The application included a variance for the reduction of the street side yard
landscape planter from the required ten feet to six feet. A Covenant of Easement will
be processed for the development of the parking area. In accordance with the
California Environmental Quality Act, a Negative Declaration will be flied for this project.
The proposal included extensive interior improvements for the conversion of the club
into a church. The exterior will be altered to Include the Installation Of windows and a
proposed church tower. In reviewing the scale of the proposed tower, staff found that
the maximum height of surrounding structures do not exceed 30 feet. The applicant
will revise the plans to reflect any modifications by City Council and the height change
prior to submittal Into Building Division Plan Check. provided are a total of 50 onsite
parking spaces, which meet code requirements for occupancy of church's main
assembly. The main business hours will commence with 15 hours per week and church
services will be held wednesday evenings and all day sunday. Notices of the public
hearing were mailed to property owners within a 300-footradlusofthesubjectsite. To
date, staff has not received oral or written comment.
Mr. David Kim, representing Holy Faith presbyterian Church, 6269 Ball Road, cypress, said
they church recently bought this property to use as a church. The existing building is
around 12,000 square feet and they plan to gut the inside keeping only the interior
structural wall. They will build the tower to meet the code requirements. The access to
the church will be changed from Ball Road to Juanita Street and exiting the parking lot
on Ball Road. There will be no outdoor activities.
Council member Bowman remarked that he would have no problem with a maximum
height of 40 feet, including the tower. The applicant agreed to the height suggested.
Mayor Age asked if anyone wished to speak In favor of the project.
Mr. paul Chung, minister and Executive Pastor associated with PC USA, said that the
churches are centers for the new immigrants that need help and support for their social
adjustment and spiritual well being.
No one else wished to speak in support of the application and no one spoke in
opposition to the application.
14
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CITY COUNCIL MINUTES
November13,1995
It was moved by Council member Bowman and seconded by Council member Jones to
close the pUblic hearing, adopt the Negative Declaration and adopt the Resolution by
title only, title as fOllows, approving Conditional use permit No. 95-20 and variance No.
95-11, subject to conditions. Regarding the church tower, the Community Development
Director read the applicable condition, "55. Total height of the project from finished
grade, including the tower and the cross, shall not exceed 40 feet."
RESOLUTION NO. 4557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL
USE PERMIT NO. 95-20 - WITH CONDITIONS.
RESOLUTION NO. 4558
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE
REDUCTION OF THE STREET SIDE YARD SETBACK - VARIANCE NO. 95-11.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Council member Kerry suggested that the parking allowed at these church sites be
reviewed and placed on the December 11, 1995 agenda.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-21NARIANCE NO.
95-12. ESTABLISH A FAST-FOOD RESTAURANT, 5633 LINCOLN AVENUE: The Mayor opened the
public hearing. The City Manager asked the Community Development Director to
summarize the staff report dated October 30, 1995, which represented a request to
establish a fast food restaurant within an existing commercial structure located at 5633
Lincoln Avenue. In 1988, under DeSign Review Committee NO. 88-28, City Council
approved the construction of a two story structure and a one story structure. The
original proposal included the demolition of the existing one stOry structure. The
applicant is now proposing to utilize the existing structure for the establishment of a
fast food restaurant offering walk-Up service only In the Lincoln Avenue Redevelopment
area. The current proposal required a variance for the elimination of a required five
foot planter along the driveway area of the front building and a reduced driveway
width. In accordance with the California Environmental Quality Act, a Class I categorical
Exemption will be filed for this project. Notices of the public hearing were mailed to all
property owners within a 300 foot radius. To date, staff has not received written or oral
comments.
Mr. Kee suzuki, 8311 Meadowlark Lane, La palma, stated that the structure Issue has them
stopped at the moment and he hoped it was not a major problem. He explained Why
the building was not demolished.
Mayor Age asked if anyone wished to speak In support of or In opposition to the
application. No one spoke.
It was moved by Council member Bowman and seconded by Council member Carroll to
close the public hearing, determined that the proposal, as submitted, warrants special
consideration under the Lincoln Avenue policy, instructed staff to file a Class I,
categOrical Exemption and adopt the Resolutions by title only, titles as follow, approving
Conditional use Permit No. 95-21 and Variance NO. 95-12, subject to conditions.
RESOLUTION NO. 4559
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-21 - WITH CONDITIONS.
RESOLUTION NO. 4560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE
ELIMINATION OF A LANDSCAPE PLANTER AND REDUCTION OF THE DRIVEWAY WIDTH -
VARIANCE NO. 95-12.
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CITY COUNCIL MINUTES
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The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF URGENCY ORDINANCES OF THE CITY
COUNCIL ADOPTING VARIOUS BUILDING CODES AND CERTAIN AMENDMENTS THERETO: The
Mayor opened the public hearing. The Building Official summarized the staff report
dated November 7, 1995, which indicated that the City has six months to enact
modifications to the California State BUilding Codes, effective January 1, 1996. If no
amendments or modifications are enacted by the City, the state-adopted codes are
automatically invoked and govern the City's construction activities. Due to
environmental review time requirements of the California Environmental Quality Act,
the permanent code ordinances could not be presented for Council consideration prior
to the State mandated deadline. The major change In this code cycle is the
renumbering of all the code chaPters and sections so code sections will be standardized
throughout the United States. Brett petroff, orange county Fire Authority, was also
present to answer questions from the Council.
Council member Bowman referred to page 2 of the urgency Ordinance amending
Sections 5-1 and 5-2 of Chapter 5, under Section 5-2A5, which he believed was between
tenant and landlord and not the City. He suggested that section be changed to read as
fOllows, "Section 310.9.1.1 Installation and Maintenance. It shall be the responSibility of
the owner to supply and install all required smoke detectors. The owner or individual in
possession of the property shall be responSible for testing all required smoke
detectors." Council member Carroll asked that under Section 5-2A2(b)3. "Oil derricks" be
removed. Councilmember Bowman mentioned page 6, C1, Section 201.2 Right of Entry
and expressed concern where it has been used in other cities to enforce housing
standards. He didn't believe that was within the City's purview. The Fire Authority
representative advised that the language was standard in both fire and building codes
and code officials have the authority based on the code to enter at any reasonable hour
for purposes of inspection. After some discussion, the City Attorney explained the
difference between a search warrant and an inspection warrant which is necessary for
the City with respect to code enforcement.
Councilmember Bowman referred to page 16 of the ordinance amending Sections 5-3
and 5-4 to Chapter 5, Section 1111.2 Declaration of Intended Use and section 1111.2.2
Certified copies, asking if this was being done now. The Fire Official responded that this
was something that orange county is now doing for new proposed uses.
NO one wished to speak in support of or in opposition to the proposed ordinances and
resolutions.
It was moved by Councilmember Jones and seconded by Councilmember Kerry to close
the pUblic hearing and to order the fOllowing Ordinances and Resolutions read by title
only, titles as follow and to adopt the Ordinances and Resolutions adopting various
building codes and certain amendments thereto:
ORDINANCE NO. 939
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING
SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING
BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE
1994 EDITION OF THE UNIFORM BUILDING CODE. THE 1994 EDITION OF THE UNIFORM
MECHANICAL CODE, THE 1994 EDITION OF THE UNIFORM HOUSING CODE, THE 1994
EDITION OF THE UNIFORM CODE OF THE ABATEMENT OF DANGEROUS BUILDINGS. AND
THE 1994 EDITION OF THE ADMINISTRATIVE CODE, AND THE 1994 EDITION OF THE
UNIFORM BUILDING CODE STANDARDS.
ORDINANCE NO. 940
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RESCINDING
ORDINANCE NO. 888 AND AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND
THERE BY ADOPTING BY REFERENCE THE 1993 EDITION OF THE NATIONAL ELECTRICAL
CODE, WITH CERTAIN AMENDMENTS.
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CITY COUNCIL MINUTES
November13,1995
ORDINANCE NO. 941
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING
CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1994 EDITION OF THE
UNIFORM PLUMBING CODE, THE 1994 EDITION OF THE UNIFORM SWIMMING POOL. SPA
AND HOT TUB CODE, THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND
THE 1994 EDITION OF THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION
STANDARDS.
ORDINANCE NO. 942
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING
SECTIONS 5-3 AND 5-4 TO CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING
BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE
1994 EDITION OF THE UNIFORM FIRE CODE AND THE 1994 EDITION OF THE UNIFORM
FIRE CODE STANDARDS.
RESOLUTION NO. 4561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPERSEDING
RESOLUTION NO. 4084 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A
DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO
CERTAIN OF THE FOLLOWING CODES ARE REASONABLY REQUIRED BY LOCAL CONDITIONS
WITHIN THE CITY OF CYPRESS: THE 1994 EDITION OF THE UNIFORM PLUMBING CODE,
THE 1994 EDITION OF THE UNIFORM SWIMMING POOL. SPA AND HOT TUB CODE, AND
THE 1988 EDITION OF THE UNIFORM SOLAR CODE.
RESOLUTION NO. 4562
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A FEE
SCHEDULE FOR SIGN PERMITS.
RESOLUTION NO. 4563
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPERSEDING
RESOLUTION NO. 4081 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A
DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE
1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE,
THE UNIFORM ADMINISTRATIVE CODE, AND THE UNIFORM HOUSING CODE ARE
REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF CYPRESS.
RESOLUTION NO. 4564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RELATING TO THE
ESTABLISHMENT OF A FEE SCHEDULE TO BE USED WITH THE LATEST EDITIONS OF THE
UNIFORM BUILDING CODE, NATIONAL ELECTRICAL CODE, UNIFORM PLUMBING CODE,
AND UNIFORM MECHANICAL CODE.
RESOLUTION NO. 4565
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPERSEDING
RESOLUTION NO. 4085 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A
DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE
1993 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABLY REQUIRED BY
LOCAL CONDITIONS WITHIN THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING THE APPROVAL
OF THE TRANSFER OF THE CATV FRANCHISE FROM PROVIDENCE JOURNAL COMPANY. A PARENT
COMPANY OF COPLEY COLONY CABLEVISION. TO CONTINENTAL CABLEVISION. INC.: The
Administrative Services Director notified the Council that there had been a change to
the recommendation as stated in the staff report dated November 8, 1995. The
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information received from the cable TV attorney recommended continuing this item to
the next meeting and to discuss the Item In Closed Session.
It was moved by Council member Kerry and seconded by Council member Bowman to
continue this item to the City Council meeting of November 27,1995. The motion
unanimouSly carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCiLMEMBERS: None
CONSIDERATION OF AUDIT REPORT ON THE FRANCHISE FEES REPORTED BY BRIGGEMAN
DISPOSAL SERVICES. INC. and CONSIDERATION OF CHANGE IN DENTAL PROGRAMS FOR CITY
EMPLOYEES FROM THE SELF-FUNDED PLAN. FHP. AND SAFEGUARD DENTAL PLANS TO DELTA
DENTAL PLANS: It was moved by Councllmember Jones and seconded by Councllmember
Bowman to continue these items to the meeting of November 14,1995. The motion
unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 16946 -18151: It was
moved by Council member carroll and seconded by Councilmember Jones to approve
the Warrants No. 16946 through 18151 In the amount of $2,601,503.73. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
In regard to 37A, CONSIDERATION OF DESIGN REVIEW COMMITTEE'S APPROVAL OF DRC #95-49.
#95-50 AND #95-51, Councilmember Kerry asked about the design of the monument sign
and its location, to which the Public Works Director responded. It was moved by
Council member Kerry and seconded by Council member Jones to adopt the Resolutions
by title only, titles as fOllOW, approving DRC #95-49, #95-50 and #95-51, with conditions.
RESOLUTION NO. 4566
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-49 - WITH CONDITIONS.
RESOLUTION NO. 4567
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-50 - WITH CONDITIONS.
RESOLUTION NO. 4568
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-51 - WITH CONDITIONS.
The motion unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Regarding 37B, CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF CYPRESS AND
COMP PLUS FOR EMPLOYEE RELATIONS SERVICES, Mayor Age advised that this item had
been discussed In Closed Session. It was moved by Council member Carroll and seconded
by Councilmember Bowman to authorize the Administrative services Director to enter
into an agreement with comp Plus consulting firm to provide Employee Relations
services in an amount not to exceed $10,000. The motion carried by the fOllowing roll
call vote:
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AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
Councilmember Jones abstained due to her absence during the Closed Session
discussions.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 1 :35 a.m. to Tuesday, November
14, 1995 at 7:30 p.m. In the Council Chamber.
ATTEST:
CITY-&~~~ CYPRESS
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