Minutes 95-05-08
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41'7
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 8, 1995
The Regular Meeting of the Cypress City Council was called to order at 5:37 p.m.,
Monday, May 8, 1995 In the Council Chamber, 5275 orange Avenue, Cypress, Mayor Cecilia
L. Age presiding.
PRESENT:
ABSENT:
Council members Bowman, carroll, Jones, Kerry and Age
None
Also present were Acting City Manager/City Clerk Gary Bacock and staff members carter,
Kelly, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak.
CONSIDERATION OF AWARD OF CONTRACT. FINAL PAYMENT. AND APPROPRIATION OF FUNDS
FOR THE CONSTRUCTION OF EMERGENCY SEWER REPAIRS ON ORANGE AVENUE AND FERNBURY
STREET: The staff report dated April 27, 1995 was presented by Traffic Engineer Keith
carter. The report advised that two sections of sewer pipe required immediate repair
and bids were promptly obtained, a contract executed and the work completed.
procedures for such emergency repair work require that staff go to the next available
Council meeting for formal approval of the contract work and appropriation of funds.
A contract was issued to the low bidder and the work completed on April 27, 1995.
It was moved by Council member Jones and seconded by Council member Kerry to:
1. Award the contract for Emergency Sewer Repairs on Fernbury street and orange
Avenue to Ken ThOmpson, Inc., P.O. Box 749, cypress, California 90630, In the
amount of $23,700.00
2. Accept the work as complete and authorize final payment.
3. APpropriate $23,700.00 from the Unrestricted sewer Fund Balance to sewer
Account No. 4157-41-219-08.
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 Jones asked staff to Include the fund balances In their reports.
CONSIDERATION OF PURCHASE AND INSTALLATION OF TRAFFIC SIGNAL CONTROLLER
EQUIPMENT. PUBLIC WORKS PROJECT NO. 9511: The Traffic Engineer presented the staff
report dated April 24, 1995, which requested an award of contract for the purchase and
Installation of traffic signal controller equipment. This Is needed to replace existing
equipment which Is obsolete and difficult to repair. several years ago, the Engineering
Division standardized the traffic signal equipment purchased by the City to one
manufacturer to Insure complete compatibility of the City's purchases of signal
eqUipment.
It was moved by Councilmember Bowman and seconded by Council member Kerry to
approve the purchase and Installation of traffic signal controller eqUipment from
Intersection Development Corporation, 1511 E. orangethorpe Avenue, Suite A, FUllerton,
California 92631 In the amount of $65,503.59, Including sales tax. The motion
unanimously carried by the fOllowing rOil call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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CITY COUNCIL MINUTES
May 8,1995
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember carroll asked that Item No.7, Consideration of Conditional Use Permit
No. 94-24, Finding of Public Convenience for General Alcohol License, Cypress Market,
5011 Ball Road, be removed. Mayor Age requested that Item No. 11, Consideration of an
Application for Alcoholic Beverage License Transfer Filed by Fred Kuebler, D.B.A. Via
Marla, Inc., 9969 walker street, Cypress, be pUlled.
It was moved by Council member Bowman and seconded by Council member Kerry to
approve the Consent Calendar Items No.3 through 12, with the exception of Items No.7
and 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
Item No.3: Motion to Approve the City Council Minutes of April 17, 1995 and April 24,
1995.
Recommendation: That the City Council approve the Minutes of the Adjourned Regular
Meeting of April 17, 1995 and the Regular Meeting of April 24, 1995, as submitted.
Item No.4: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented
for Consideration by Title only and to Waive Further Reading.
Item NO.5: Consideration of proclaiming May 1995, as "Clean Air Month."
Recommendation: That the Mayor and City Council officially proclaim May 1995, as
"Clean Air Month" In the City of Cypress.
Item NO.6: Consideration of Employment List - police Dispatcher II.
Recommendation: That the City Council receive and file the Employment List for the
position of police Dispatcher II as submitted.
Item NO.8: Consideration of status Report on the Completion of Pump Station and
Storm Drain Improvements, and Dirt Mound Removal at Sorrento speCific Plan
Development site, Public Works project No. 9226.
Recommendation: That the City Council receive and file the report.
Item NO.9: consideration of Design Review Committee'S Approval of DRC #95-22 and #95-
23.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
fOllOWS, approving Design Review Committee Permit #95-22 and #95-23 - with conditions.
RESOLUTION NO. 4476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-22 - WITH CONDITIONS.
RESOLUTION NO. 4477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-23 - WITH CONDITIONS.
Item No. 10: Consideration of Approval of the Annual Lease Agreement With the
Anaheim Union High School District for the Use of the Oxford SChool Facility.
Recommendation: That the City Council approve the extension of the annual lease
agreement for the use of the Oxford SChool site for the period through June 30, 1996,
and authorize the City Manager to execute the SUbject lease agreement.
Item No. 12: Consideration of Master Funding Agreement With the orange county
Transportation Authority.
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CITY COUNCIL MINUTES
May 8,1995
Recommendation: That the City Council approve the Master FUnding Agreement with
the orange county Transportation Authority and authorize the Mayor to execute said
Agreement.
END OF CONSENT CALENDAR
Regarding Item No.7, Conditional Use permit No. 94-24, Finding of Public Convenience
for General AlcohOl License, Cypress Market, 5011 Ball Road, Council member Carroll
questioned why the Council was asked to make a determination of public convenience
or necessity for the Issuance of a liquor license. The police Chief responded that the
Business and Professional code, effective January 1, 1995, revised statutes ask for a
finding of pUbliC convenience or necessity. It was noted that Council had approved the
transfer application for the alcoholic beverage license at the March 13, 1995 Council
meeting. Councllmember carroll stated that he would not make the motion on this
item. Council member Kerry advised that she would vote no on this item because of the
excessive slgnage at this site.
It was moved by Council member Bowman and seconded by Council member Jones to
make a finding of pUbliC convenience or necessity and direct staff to prepare a letter to
the Department of Alcohol Beverage Control authorizing issuance of the liquor license.
The motion carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carrOll, Jones and Age
1 COUNCILMEMBERS: Kerry
o COUNCILMEMBERS: None
Mayor Age noted that she had not voted on the apPlication for transfer of liquor license
on March 13, 1995.
In regard to Item No. 11, Application for ABC License Transfer for Via Maria, Inc.,
Council member Bowman referred to the Clnco de Mayo event that took place at Via
Maria on Friday. He asked what type of permit was needed to conduct that type of
event and if there was any request for permits made. The Planning Director replied In
the negative, the conditional use permit is being studied and a report will be made and
presented to the Council at the next meeting. The police Chief reported that there
were about 150 to 200 people present at any given time, the function was conducted in
an orderly fashion and there were no problems related to the event except lack of
parking. It was moved by Council member Bowman and seconded by Council member
Jones to continue this item to the meeting of May 22, 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
RECESS: Mayor Age recessed the meeting at 6:00 p.m. to enable the Council to enter
into Closed Session to discuss the agendized pending litigation items of Conference with
Legal Counsel (Government Code section 54956.9(al Citizens Association for the Sensible
Development of Warland center, Anthony L. Smith and Regan smith, et al vs. City of
Cypress, et ai, orange County Superior Cases No. 737801 and 744436; and liability Claims
(Government Code Section 54956.951, David H. Miller vs. the City of Cypress.
CITY ATTORNEY JOHN CAVANAUGH ARRIVED AT 6:05 P.M.
The meeting reconvened at 7:30 p.m. with Councilmembers present. Also present were
staff members Bacock, Decarlo, Kelly, Storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Bowman.
PRESENTATIONS:
Acting City Manager/City Clerk Bacock administered the LOyalty Oath and Mayor Age
presented the Certificate of APpointment to newlY appointed cultural Arts
Commissioner Linda sunley.
Mayor Age presented a Certificate of special ReCognition to Matthew conde, Grand Prize
Winner in the 1995 Child Abuse prevention Essay Contest. Mr. Conde accepted the award
and read his essay for the audience.
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CITY COUNCIL MINUTES
May 8,1995
Mayor Age asked police Chief Wicker to the pOdium to assist in the presentation of a
Resolution from the City Council and a plaque from the Police Department to Mr. Don
Iwatani, Mr. Alex Shue and Ms. Liz Galloway representing Matsushita Electric Corporation
of America for their support of the community and the Cypress Police Department.
Battalion Chief Herb Jewell of the Orange County Fire Authority accepted a proclamation
entitled "Fire Service Recognition Day" presented by Mayor Age. Chief Jewell then
introduced three firefighters from Cypress Engine Company 17 and asked the
community to visit them during the open house on May 13.
Mr. Jim Carter of California Forester presented the Tree City Flag and Plaque to the City
of cypress.
The Acting City Manager summarized the actions taken by the Council during the 5:30
p.m. portion of the meeting.
The City Attorney reviewed discussions held during the Closed Session on the agendized
items of pending litigation on Warland Center and Cypress Land as well as the liability
claim presented by Claimant David H. Miller. There were two existing workers'
compensation claims involving the employees Matthew Robinson and Christopher
LaCascia that were not discussed and Council will be returning to Closed Session to
consider those items.
RECESS: At 7:55 p.m., Mayor Age recessed the meeting to allow the Council to enter into
Closed Session for Conference with Legal Counsel - Existing Litigation (Government Code
Section 54956.9(al Application for Disability Retirement Matthew Robinson and Workers
compensation Appeals Board Case No. VNO 0305867, Christopher LaCascla vs. City of
Cypress. The meeting reconvened at 8:35 p.m. with all Council members present.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, said that there had been questions on
the legality of obtaining the recall Signatures and stated that the gathering of the
signatures had followed legal and proper procedures. She asked that Mayor Pro Tem
Bowman apologize to the people at the last meeting and she requested that threats by
City staff, Councilmembers and their spouses stop.
Council member Bowman said he would not apologize, he read off the property tax
figures that would be generated by Diamond sports and the amounts the various
agenCies will receive from that revenue.
He noted that the City of Newport Beach will receive zero dollars.
Ms. Jane wozniak, 4480 Avenida Granada, Cypress, commented on the attitude and
remarks by some of the citizens gathering signatures and she asked that It be stopped.
Mr. Robert Kernes, 8762 Grlndlay street, Cypress, offered to help MS. Wozniak In solving
the flooding problem In her neighborhood. He said nobody wanted to listen to his
problems with the Cypress Maintenance yard.
Mr. Russell Dlx, General Manager of Brlggeman Disposal Industries, spoke about certain
Individuals who have misstated facts to the Council and the news media concerning
residential disposal rates to Cypress citizens. He had called various cities and disposal
companies throughout the county and he presented a chart showing Cypress as 31 out
of 36 cities Indicating it has the lowest 20% of the rates charged In the county.
Mayor Age asked the Finance Director to conduct a survey on disposal rates so the City
Council has the information from the staff. The Finance Director responded that the
information would be available at the next Council meeting. Councilmember Bowman
asked that the commercial disposal rates, size of container and any utility tax also be
included in the survey.
Mr. Don wesling, 11431 Anegada street, Cypress, stated that Mrs. Simcox will speak again
on trash disposal rates. He advised the Council that his group had not harassed people
or called names, but that their group has been harassed.
Councllmember Carroll mentioned the new Burger King at the southwest corner of
Cerrltos and Knott, the improvement It was to the neighborhood and welcomed them
to Cypress.
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CITY COUNCIL MINUTES
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Council member Bowman commented that he has had reports from people who were
harassed.
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-
4. REQUEST TO INSTALL TWO (2) FORTY (40) CUBIC YARD ROLL-OFF RECYCLING CONTAINERS.
CYPRESS CENTER WEST COMMERCIAL CENTER. NORTHEAST CORNER OF BALL ROAD AND
BLOOMFIELD STREET: Mayor Age opened the public hearing. The Acting City Manager
asked the Planning Director to present the staff report dated April 19, 1995, which had
been continued from the April 10, 1995 meeting. The direction given by Council at that
meeting requested Information regarding AB 2020/Convenience zones, how AB 2020
applied to cypress, potential locations and alternatives and options. The law required
that recycling centers be established within a one-half mile radius of supermarkets
generating Incomes of two million dollars, but does not need to be in the same city as
the identified supermarket. A supermarket has several options to meet its recycling
obligation. It can accept redemption products within the store, provide reverse
vending machines or a staffed center for the recycling of plastic, glass and aluminum
containers onsite or utilize an offsite staffed facility which would prOVide redemption
vouchers to be redeemed at the supermarket. The City's ordinance defines and permits
reCycling collection facilities In certain zones by conditional use permit. She read a FAX
received from Ann Fowler on May 8, 1995 which indicated they were against the
removal of the present recycling center because of the dirt and noise.
Ms. Christy Rael, representing Environmental products corporation, 4775 Brookhollow
Circle, Riverside, stated that the site currently met State requirements for recycling;
however, those machines will be removed due to obsolescence. She advised that the
City does have jurisdiction over size and location but cannot forbid a recycling facility
from establiShing within a certified zone. They are contracted by the Alpha Beta chain
and they are the only company with reverse vending machines.
Mayor Age asked the City Attorney If the City did have the right to accept or reject. The
City Attorney advised that he did not know what the options were with respect to AB
2020 and he would have to return with options as to whether the City does have
discretion In granting or denying a conditional use permit.
Ms. Rael then read a portion of the law and stated when the current machines are
removed, no one else has reverse vending machines.
After a question and answer session between the Council and the applicant, Mayor Age
asked if anyone wished to speak in support of the application.
Mr. Reynold Elkin, 4034 orange Avenue, Cypress, stated that from his personal
experience, there Is no alternative for the Alpha Beta market. The law requires that
they provide a recycling center or pay a fine.
Mayor Age asked if anyone wished to speak in opposition to the application.
Mr. Martin scepan, 9802 Bloomfield street, Cypress, expressed his objection to the
Placement of the recycling centers approximately 35 feet from the rear wall of the
neighboring Cypress Pines apartment complex. He presented a petition signed by some
of the residents of the complex and the Manager of the Goodyear store who were
against the placement also. He also presented some photographs of the site indicating
other areas where the reCYCling containers could be placed In the retail center.
Mr. Joe Hardcastle, 4588 Blanca Drive, cypress, advised that he had SPoken in favor of
this project previously and he Is still in favor of the project but the location should be
near Ball Road. If the containers are going to be installed, they should be away from the
apartments.
Mr. Carmine Plllchi, 4521 victoria Court, Cypress, stated that putting the container at the
front of the center would block the view of the stores and signs and he suggested the
merchants in the center be contacted as to the possible placement of the recycling
containers.
Mr. Scepan argued that the placement of the containers on Ball Road to the west side
would not block any businesses or business signs.
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CITY COUNCIL MINUTES
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The applicant, Ms. Rael, explained that the property manager had informed her
company where the recycling center could be located. She then showed a site plan of
the center and the area that she had originally requested and desired on Ball Road.
After discussion on other possible sites for placement of the recycling center,
Council member Bowman suggested that this item be continued for clarification of what
kind of containers are allowed or the application denied.
Council member Jones expressed the opinion that the current containers are sufficient
and felt that the proposed containers were unsightly. She recommended that the
application be denied without prejudice.
MS. Raelleft the meeting. The City Attorney stated that it appeared that the applicant
said that she was going to withdraw the application or that the Council would withdraw
the application and deal with the next Individual. The Planning Director advised that
normally something is presented in writing.
The City Attorney suggested that the Council take action on this application.
Councllmember carroll remarked that the City should not cause fines for Alpha Beta
market and the existing machines are not adequate, they are noisy and they are dirty.
He believed that the Council could resolve this issue and the containers placed so as not
to inconvenience any neighbors.
Council member Kerry stated that she would like to have some Input from
representatives of the Alpha Beta market, continue the Item and send a letter to Alpha
Beta requesting a response.
It was moved by Councilmember Kerry and seconded by Councilmember Carroll to
continue this item to the Council meeting of May 22,1995. Responding to Mayor Age's
question about the applicant not returning, the City Attorney replied that the applicant
be contacted, advised of the Council's decision and, If they wish, return to the next
meeting. Mayor Age stated that she was also against this project because of the
numerous complaints received on the previOUS recycling containers. Councilmember
Jones would vote to continue, but she stated she was definitely against the project. 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 PUBLIC HEARING RE: REVIEW OF DEVELOPMENT
AGREEMENT NO. 88-2 BETWEEN THE CITY OF CYPRESS AND CYPRESS HOMES. INC.: The publiC
hearing was opened by the Mayor. The Planning Director reviewed the staff report
dated April 27, 1995, which indicated this Item had been continued from the April 24,
1995 meeting to enable the Director of Public Works/City Engineer to return with
further information regarding the pump station and dirt mound located on the
Sorrento specific Plan development site. The information was presented at the 5:30
p.m. session as Item NO.8 on the Consent Calendar. A representative of cypress Homes,
Inc. was in the audience to answer questions.
No one wished to speak in support of or in opposition to the Development Agreement.
Mayor Age read a portion of the staff report for Item NO.8 addressing the two items of
work that must be completed before the pit can be filled. The developer has Indicated
that, in the Interim, the dirt mound will be covered by plastic sheeting to prevent any
further dust and erosion problems.
It was moved by Council member Bowman and seconded by Councilmember Jones to
close the public hearing and receive and file the Review for Development Agreement
No. 88-2. 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
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CITY COUNCIL MINUTES
May 8,1995
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-7 - UNMANNED
CELLULAR TELEPHONE FACILITY AND VARIANCE NO. 95-1 - ANTENNA HIGHER THAN SO',
AIRTOUCH CELLULAR, 6431 GLOBAL DRIVE: Mayor Age declared the public hearing open.
The Planning Director presented the staff report dated May 3, 1995, which represented a
request to construct an unmanned cellular telephone facility, consisting of a 60 foot
high steel monopole with three cellular antenna arrays, three whip antennas, three
microwave dishes and an 11' x 25' underground electronic equipment vault. The total
height of the antennas and the monopole is 76 feet. The subject lease area is located
on the rear portion of the property at 6431 Global Drive. A variance is also proposed to
allow an antenna higher than the 50 foot height limit In the PC-1 Planned community
Business park Zone. With the exception of the proposed height variance, the proposed
publiC utility use meets all development codes and standards set forth in the Cypress
zoning Ordinance and the applicable Lusk-Cypress Industrial Park Design Criteria and
Development Standards. In accordance with the california Environmental Quality Act
(CEQAl, an Initial StUdy and a Negative Declaration have been prepared for this project.
Notices of this publiC hearing were posted, published and mailed to all property owners
within 300 feet of the subject parcel. To date, staff had not received any
communication regarding the proposed project. The Planning Director indicated that
the variance would require FAA approval because it would pierce the 100 to 1
notification surface.
Mr. John Bitterly, project manager for AirTouch Cellular, P.O. Box 19707, Irvine, advised
that this facility would be serving the southern end of Cypress. There are strict
technical requirements for such a faCility to serve the area properly and a 60 foot
monopole would be needed to support the antennas at the height that Is operational.
He presented some photographs of the actual location and of a similar structure. AS
part of their mitigation plan, they will be planting three eucalyptus trees. The
interconnect system will be three small dish antennas, because they do not rely on
telephone land lines. He asked if the Council would be considering any modification to
the monopole or the design that could be discussed.
Mayor Age asked If anyone wished to speak in support of or in opposition to the
application. NO one spoke.
Council member Jones asked if the whip antennas were necessary because she was
concerned with granting a variance for the extra height if it wasn't absolutely necessary.
The applicant responded that they do make the overall height 76 feet and If the Council
has a problem with that, the decision could be made tonight.
After some discussion, Council member Bowman clarified if the applicant was agreeable
to a 60 foot high monopole. The applicant responded positively.
It was moved by Council member Bowman and seconded by Council member Carroll to:
1. close the publiC hearing;
2. adopt a finding of de Minimis Impact, approve the Negative Declaration and
direct staff to file a Notice of Determination and de Minimis Impact Exemption,
with an added condition limiting the height of the monopole to 60 feet; and
3. adopt the two Resolutions by title only, title as follows, approving Conditional use
Permit No. 95-7 and Variance No. 95-1, subject to conditions in Exhibit "A".
RESOLUTION NO. 4478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-7 - WITH CONDITIONS.
RESOLUTION NO. 4479
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 A
CELLULAR TELEPHONE ANTENNA STRUCTURE HIGHER THAN FIFTY (50l FEET, WITHIN THE
PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE - VARIANCE NO. 95-1.
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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: CONDiTIONAL USE PERMIT NO. 95-8 AND TENTATIVE
TRACT MAP NO. 15189 - CONSTRUCTION OF FIVE (5) DETACHED CONDOMINIUMS AT 5602
SPRAGUE AVENUE: Mayor Age opened the public hearing. The Acting City Manager
requested the planning Director summarize the staff report dated April 20, 1995, which
indicated that the applicant Is proposing to construct five detached condominiums in
conjunction with a tentative tract map regUlated by the California State Subdivision Map
Act and the City of Cypress Subdivision Ordinance. In accordance with the California
Environmental Quality Act, a de Minimis Impact exemption and a Negative Declaration
will be filed on this project. The parcel's depth and narrowness has presented some
design challenges which have been resolved to the extent possible. In order to maintain
a sense of privacy for the adjacent residents to the east, the Design Review committee
conditioned the project so trees be planted along the east property line parallel to the
proposed structures In order to screen first floor windows of the adjacent property
from the subject property second story windows. staff feels the applicant had
submitted a proposal that addresses the issues of concern Identified throUgh the
preliminary Review Process. Subsequently, the applicant, with the exception of the
Administrative Adjustment, had met the minimum development standards for the zone.
Notices to property owners within a 300 foot radius have been mailed and as of the
drafting of this report, staff has not received written or verbal comments.
Mr. Roy Ward, representing Cypress partners, 3723 BirCh street, Newport Beach, lauded
staff and the Planning Department, agreed with the conditions of the permit and on
the tentative tract map and volunteered to answer any questions from the Council and
the neighbors.
Council member Jones asked for comments on the side window Issues and if there was a
need for balconies because they tend to deteriorate in time. Mr. Ward responded that
there are a certain number of windows for light, air and access required by the building
code. The balconies are for aesthetic value, but it was not an issue with them.
Council member Kerry expressed concern about the height of the block wall and
referenced Condition No. 36, which neglected to state "...height from the highest grade"
and she wanted to assure there was a six foot wall from the highest grade. After some
discussion, the Planning Director stated that she had added "...highest adjacent grade"
to Condition No. 36.
Mayor Age asked if anyone wished to speak in support of the project. No one spOke and
she asked if there was opposition to the project.
Mr. Jim schunnel, manager and co-owner of the two parcels directly east of the
property, welcomed the revitalization of the area but he did express concern about
structures that were bUilt over the property lines, the proximity of the buildings to each
other, the two story building looking over their property and refiguratlon of the
project. If the reflguratlon Is not feasible, he would request a variance be granted and a
condition be imposed on the project to make the block wall at least seven feet high and
preferably eight feet high between the single story residences and the proposed
project.
After additional discussion, Councilmember Carroll asked what a neighbor could do
about a tree limb growing into their yard. The Planning Director proposed a condition
that read, "perimeter trees proposed to be planted must be approved by the Planning
Department and shall be of a species or In a location that wi.ll not encroach either by
limb or root onto the adjacent property." She clarified that the block wall can be seven
feet high without a variance.
NO one else wished to speak against the project.
Mr. Ward advised that they have complied with all City ordinances but they would
cooperate with their neighbor In an attempt to alleviate some of the concerns.
Responding to Mayor Age regarding the turning of the building, the apPlicant answered
that two driveways were combined eliminating a driveway onto sprague, rear yard
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CITY COUNCIL MINUTES
May 8,1995
setbacks comply and acceptable planting will be provided. They would be happy to
move windows in cooperation with the Building and safety Department. He also stated
that the block wall fence will be constructed as the grading process is started and trash
cans will be stored inside the garages.
The City Attorney suggested that language be inserted in the CC&Rs that would address
tree branches encroaching on the neighbors property and both property owners are
protected. The applicant stated he did not have a problem with that.
Council member Jones stated that she was not convinced that the property shouldn't be
switched, felt It was a bad situation and it would be made worse by allowed the
proposed plan to be built.
Councllmember Carroll commented that the area is in transition, there are going to be
changes, but it appeared to be a positive project for that neighborhood and he would
vote for the project.
The Planning Director clarified those added and modified conditions resulting from
Council discussions. She made a minor modification to Condition NO. 30 which now
reads, "The applicant/developer shall provide an adequate number of trash/waste
enclosures onsite and placed with the side yard...." replace "side yard" with the word,
"garage." Condition No. 36 would now read, "A masonry wall seven feet in height from
highest adjacent grade and Including landscaping at least five feet (5') in width shall be
erected and maintained. Block wall shall be constructed immediately after site grading
at beginning of project construction. Applicant/developer shall remove existing chain
link fence on property adjacent east." She also advised that new Condition No. 56,
previOUSly recited regarding perimeter trees and new Condition No. 57 stated that the
CC&RS shall Include that same condition.
Councilmember Jones asked if the Councilmembers would concur with the elimination
of the balconies. Councilmembers Bowman and Carroll replied in the negative. The
Planning Director referred to the Ordinance governing balconies and if there Is a
concern about the maintenance of the balconies, she suggested the maintenance fund
in the CC&Rs.
Councilmember Kerry questioned the block wall, the grade of the new project and could
not justify raising the block wall to seven feet.
It was moved by Council member Bowman and seconded by Council member Carroll to:
1. Close the publiC hearing;
2. Adopt a finding of de Minimis Impact, approve Negative Declaration and direct
staff to file a Notice of Determination and de Minimis Impact;
3. Adopt the Resolution by title only, title as fOllOWS, approving Conditional Use
permit No. 95-8, subject to the conditions in Exhibit "A", including the added and
modified conditions as recited; and
4. Adopt the Resolution by title only, title as fOllOWS, approving Tentative Tract Map
No. 15189, subject to the conditions in Exhibit "A."
RESOLUTION NO. 4480
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-8 - WITH CONDITIONS.
RESOLUTION NO. 4481
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE
TRACT MAP NO. 15189 . WITH CONDITIONS.
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
9
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CITY COUNCIL MINUTES
May 8, 1995
RECESS: Mayor Age recessed the meeting at 11:15 p.m. and reconvened at 11:30 p.m.
with all Council members present.
Due to the lateness of the hour, Council member Jones moved and Council member
Bowman seconded the motion to continue the City Council meeting beyond 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
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 95-1.
REVISIONS TO SECTION 23.4 LANDSCAPING REQUIREMENTS: The pUblic hearing was opened
by Mayor Age. The Planning Director, Chris Kelly, presented the staff report dated May
3, 1995, which described the restrictions on the amount of turf allowed within the
landscaped areas of development City-wide In the existing Landscaping Ordinance.
Some of the restrictions conflict with the landscaping requirements contained in other
City ordinances and/or City adopted Specific Plans. Notice of the public hearing was
published and posted in accordance with Section 65090 of the California Government
Code. NO communication regarding this matter had been received as of the date of this
report. The proposed amendment made the existing Landscaping Ordinance consistent
with other City adopted plans and ordinances. The proposed zoning Ordinance
Amendment No. 95-1 serves the interests of the City of Cypress while meeting the Intent
and minimum requirements of the State Water Conservation in Landscaping ACt.
Mayor Age asked If anyone wished to speak in support of or in opposition to the
amendment. NO one spoke.
It was moved by Councilmember Jones and seconded by Council member Bowman to
close the public hearing, direct staff to file a notice of categorical Exemption, Class 8
and approve the first reading of the Ordinance by title only, title as follows, amending
Section 23.4.A "Landscaping Requirements" of Appendix I "Zoning"
of the City Code.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
SECTION 23.4.A "LANDSCAPING REQUIREMENTS:' OF APPENDIX I "ZONING" OF THE CODE
OF THE CITY OF CYPRESS TO BE CONSISTENT WITH LANDSCAPE REQUIREMENTS
CONTAINED IN OTHER CITY ORDINANCES AND IN CITY ADOPTED SPECIFIC PLANS.
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 RESOLUTION AMENDING PAY RATES FOR CERTAIN
CLASSIFICATION TITLES ON THE TEMPORARY AND SEASONAL PAY RATE SCHEDULE: The Acting
City Manager summarized the staff report dated April 19 and May 4,1995, which
requested consideration of hourly rate Increases for seasonal and Temporary
Classifications. The recommendation had been made after conducting a survey of
Orange county cities, discussion with departments Involved and considering Internal
compaction/alignment. The result Included no change for 14 classifications, one range
adjustment for five classifications, a two range adjustment for four classifications and a
deletion of two classifications from the rate schedule.
After further conversation, It was moved by Councilmember Kerry and seconded by
Councllmember Bowman to adopt the Resolution by title only, title as follows, amending
the current hourly pay rates for temporary and seasonal personnel as of April 21, 1995
beginning In the P.M. pay period.
RESOLUTION NO. 4482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 4398 BY
ADJUSTING PAY RATES FOR CERTAIN CLASSIFICATION TITLES FOR TEMPORARY AND
SEASONAL EMPLOYEES NOT PLACED WITHIN THE GENERAL COMPENSATION PLAN.
10
427
CITY COUNCIL MINUTES
May 8,1995
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 AUTHORIZATION TO REQUEST PROPOSALS FOR A CITY-WIDE DATA IMAGING
SYSTEM: The Acting City Manager introduced Jamie Herbon, Management consultant,
and Don casados, Data processing Manager, who presented the staff report dated May 3,
1995 which advised that the City is responsible for maintaining its permanent records
dating back to the City's incorporation date. storage of the various records varies,
however, many of the permanent records are located in file cabinets and boxes in City
Hall, the Corporation Yard or under contract, at a private offsite records storage facility.
Of concern are the older City records which are deteriorating. Retrieval of documents
takes considerable time depending on the filing system and location of the documents.
They listed some of the advantages of using a data imaging system. In order to address
these needs, staff asked for authorization to issue a request for proposal for a City-wide
data imaging system Including hardware, software, installation and training.
Councllmember Bowman reported on SCAG's permit streamlining committee, which
would allow someone at home to apply for a business license or a building permit and
each City would have to computerize their records.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to:
1. Authorize the initiation of a capital project called City-wide Data Imaging system;
2. Direct staff to solicit requests for proposals for a City-wide Data Imaging system;
and
3. Authorize the appropriation of funds, $30,000 from 4189-11-118-02 and $70,000
from General Fund Unrestricted fund balance for this capital project.
Mayor Age asked to review the entire package when it was prepared.
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 APPOINTMENT OF CITY'S REPRESENTATIVE TO THE ORANGE COUNTY
VECTOR CONTROL DISTRICT: Mayor Age advised that the City had received applications for
the position from four citizens. It was decided to interview the four applicants on
Monday, May 22, 1995, starting at 4:00 p.m. for approximately one-half hour prior to the
joint meeting with the Cultural Arts Commission.
CONSIDERATION OF STATUS REPORT ON CYPRESS ACRES. PUBLIC WORKS PROJECT NO. 9131:
Due to the absence of the Public Works Director, Mark Christoffels, Councilmember Kerry
moved and Council member Jones seconded continuation of this item to the Council
meeting of May 22, 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 COMMUNICATION FROM ASSEMBLYMAN CURT PRINGLE AND SENATOR JOHN
LEWIS. REGARDING FORGIVENESS OF THE FINAL 11% DUE TO THE CITY AS AN ORANGE COUNTY
INVESTMENT POOL PARTICIPANT: Mayor Age has requested that the communication from
Assemblyman Pringle and Senator Lewis requesting the county to take official action to
forgive the remaining 11 % owed to the City by the county as a participant In the
orange County Investment pool be placed on the agenda.
Councilmember Carroll voiced his opposition to forgiving any amount of money, and
the County had the responsibility to repay everything they owe and they can develop
the means. He mentioned that this was proposed as an alternative to Measure R. He
11
428
CITY COUNCIL MINUTES
May 8,1995
asked the Finance Director if any comprehensive plan to relieve the bankruptCY had
been proposed and the Finance Director replied that they have not been informed of
any proposal. Councllmember carroll listed several possible alternatives to the request
for forgiveness.
Council member Jones stated that she concurred with Council member Carroll's
statements and suggested composing a letter to ASSemblyman pringle.
Council member Kerry mentioned that Measure M couldn't be used and the State is as
desperate as the cities and the county. She said that the City is being asked to forgive
11% with the same people In charge of the county government that created the
problems.
council member Bowman stated that It wasn't clear If the County was bankrupt. He
expressed concern about the proposed layoffs and budget cuts and the passage of
Measure R would prevent any budget reductions and layoffs. He used the landfill
tipping fee as an example of things not properly thOUght out. He didn't believe that
the City was fully Informed to the point they should vote for an increase.
Mayor Age agreed with the Councllmembers and she felt that there are retired Board
members with full pensions and there's been no mandatory reduction in the salaries of
the current Board members. There are three Board members who really need to start
taking some of the blame. She directed the Acting City Manager to compose a letter to
be sent In response ASSemblyman pringle and Senator Lewis.
CONSIDERATION OF DISCUSSION OF FUTURE DEVELOPMENT OF THE PROPERTY LOCATED IN THE
CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. BOUNDED BY CERRITOS AVENUE
TO THE NORTH. WALKER STREET TO THE EAST. KATELLA AVENUE TO THE SOUTH. AND DENNI
STREET/LEXINGTON DRIVE TO THE WEST: Councilmember Carroll advised that he had asked
that this item be placed on the agenda and he moved to continue the item to the next
meeting due to the lateness of the hour. The motion was seconded by Councilmember
Kerry and 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 CULTURAL ARTS COMMISSION AND CITY COUNCIL JOINT MEETING
SCHEDULED FOR MAY 22.1995: The staff report dated May 2,1995 listed the items for
discussion at the joint meeting between the City Council and the Cultural Arts
Commission at 4:30 p.m. on May 22,1995.
It was moved by Council member Kerry and seconded by Councilmember Jones to
receive and file the report. 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 APPOINTMENT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY'S
CORRIDOR ELECTED OFFICIALS COMMITTEE: The staff report dated May 3, 1995 indicated
that Mayor Age had received a communication from stan oftelie, Chief Executive Officer
of the orange County Transportation Authority (OCTAL The OCTA Board of Directors had
directed the formation of an advisory committee of elected official to be known as the
Corridor Elected Officials, meeting once every two months. Mayor Age said that Mr.
Oftelie was very Insistent that the City of Cypress be represented, she asked for a
volunteer and Councilmember Carroll accepted.
It was moved by Council member Bowman and seconded by Council member Jones to
appoint Councilmember Carroll as the City's representative to the OCTA's Corridor
Elected Officials Committee. 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
12
429
CITY COUNCIL MINUTES
May 8,1995
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 15026 - 15236: It was
moved by Councilmember Jones and seconded by Councilmember Kerry to approve the
warrants No. 15026 through 15236 in the amount of $673,239.69. 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
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mr. Don wesling, Cypress, responded to Mayor Age's reference to a previous incident
relating to harassment. He then reported on Incidents of rudeness to members of their
group and he has not heard anyone from their group being rude.
Mrs. Kathy Simcox, cypress, commented on the revenue Diamond sports would bring,
language used during City Council meetings, name Calling against their group, the
harassment and the Mayor continuing to bring up supposed acts committed by their
group. She said that she had talked with the representative from Briggeman Disposal
and the figures she presented at the last meeting were from 1992 and obtained from
the City. The new franchise agreement is still not available and she asked that there be
a public hearing on Briggeman. She said she was attacking the process, not Mr.
Brlggeman and she felt the process was not fairly done.
Council member Jones responded and clarified that Briggeman Disposal was awarded a
contract in 1993 and in that contract there was a ten year automatic renewal. He
already had a 20 year contract.
Responding to Councllmember Kerry, the Finance Director advised that they are starting
the process on the trash disposal rates at Mr. Briggeman's request. Council member
Kerry expressed disappointment that the Incorrect rates continued to be repeated and
hoped that the controversy will be resolved at the next meeting.
Councilmember Carroll asked why the revised Brlggeman contract wouldn't be available
until June. The City Attorney said he had not heard that, the contract is in Mr.
Briggeman's hands and something is expected in a week.
After some discussion, the issue of the cypress College debates in Mr. Matthews class was
introduced and reviewed.
Mr. ReynOld Elkin, 4034 orange Avenue, cypress, stated that he had received a call from
Mr. Matthews asking him to come down and give a presentation to his class and answer
questions, but he was unable to attend the first.
At the Mayor'S request, the City Attorney responded to the reason for the continuance
of the warland litigation. He clarified that the hearing was going to be continued
because the judge had a heavy calendar the next day and he felt it would be prudent to
devote an entire day to the hearing. The judge did continue on its own motion, not at
the request of either party and it was because of calendaring issues, not because the
judge wanted to view a video tape.
Councilmember Jones asked the status of Mr. Kernes' complaint and the Planning
Director reported that a draft document had been prepared. Councilmember Jones also
asked about requirements for formulating some definite plans on the transitional areas
within the City. The Planning Director suggested that it be discussed during a
workshop because it will be brought up during budget sessions. Councilmember Carroll
interjected that he wanted the time spent on budgets.
The City Attorney requested a Closed Session to further discuss the Existing Litigation on
the matter of the application for Disability Retirement of Matthew Robinson and
Christopher LaCascia vs. the City of Cypress, Workers compensation Appeals Board Case
No. VNO 0305867.
CLOSED SESSION: Mayor Age recessed the meeting at 1 :00 a.m. to enable the Council to
enter Into a Closed Session for discussion of the Robinson and LaCascia matters. The
meeting reconvened at 1:20 a.m. with all Councllmembers present.
13
430
CITY COUNCIL MINUTES
May 8, 1995
ADJOURNMENT: Mayor Age adjourned the meeting at 1:20 a.m. to Tuesday, May 16, 1995
at 4:30 p.m.
. ~
Lb~, If ~
~ OF THE CITY OF CY RESS
ATTEST:
14