Minutes 97-01-27MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 27, 1997
The Regular Meeting of the Cypress City Council was called to order on Monday, January
27, 1997 at 4:33 p.m. in the Administrative Conference ROOm, West Wing, City Hall, 5275
Orange Avenue, Cypress, Mayor Tom Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Jones, Keenan, Piercy and Carroll
None
INTERVIEW SESSION: Applicants for Alternates to the Senior Citizens Commission.
The City Council conducted oral interviews of the five applicants for the four vacant
alternate positions on the Senior Citizens Commission.
WORKSHOP SESSION: SEMS Training
The Police Chief and other members of the Police Department provided SEMS training
for the members of the City Council and the City Manager.
RECESS: Mayor Carroll recessed the meeting at 6:05 p.m. to allow the Council to
reconvene in the Council Chamber. The meeting reconvened at 6:15 p.m. with all
Councilmembers present. AlSo present were the City Manager, Administrative Services
Director and Community Development Director.
CLOSED SESSION: The Mayor immediately recessed the meeting to enable the Council to
enter Closed Session to discuss those agendized items of: Conference with Labor
Negotiator (Government Code Section 54957.6) Cypress Mid-Management Employees
Association and Conference with Legal Counsel - Anticipated Litigation (Government
Code Section 54956.9(b).
THE CITY ATTORNEY ARRIVED AT 6:30 P.M.
7:00 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The Pledge was led by BOy Scout Andrew Shackenberg.
PRESENTATIONS:
Mayor Carroll presented Certificates of Appointment to Newly-Appointed Recreation and
Community Services Commissioners Ann Fowler and Bobbie Bloch.
Chief Daryl Wicker thanked the Cypress High School Athletic Boosters, Los Alamitos High
School Boosters, Cypress High School Band Boosters, Straight Talk and the Speech and
Language Center of Buena Park for their check in the amount of $1,300 on behalf of the
D.A.R.E. program.
Mayor Carroll provided the State of the City address which highlighted some of the
activities and accomplishments that occurred within the City during the first six months
of the 1996-97 fiscal year. He provided comments on the appointment of a new City
Manager, the election of two new Councilmembers, highlighted each department and
mentioned the City newsletter. He reported that agreement had been reached with
five of the six bargaining units and the Council has tried to be fair with the employees
and the taxpayers. He applauded the associations for their clear insight. He felt that
the City's overall financial condition was stable in the present situation.
REVIEW OF CLOSED SESSION AGENDA: Nothing was reported on the Closed Session.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda.
None were presented.
AWARD OF CONTRACTS:
CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF PLAYGROUND EQUIPMENT FOR
PINEWOOD PARK: The Director of Recreation and Parks presented the staff report
advising of the deteriorating condition of the wooden decks on the existing playground
equipment at Pinewood Park. In addition, the current equipment does not meet the
CITY COUNCIL MINUTES January 27, 1997
Americans With DiSabilities ACt (ADA) guidelines and play pieces are available to add to
the existing equipment to meet these standards.
It was moved by Councilmember Jones and seconded by Councilmember Bowman that
the City Council, acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District:
Dispense with formal competitive bidding for reasons described in the report
pursuant to City Code, Section 21-A-9C.
o
Authorize the purchase of such equipment from Capital Project account 4186-12-
500-29 in the amount of $20,532.47 requested from Coast Recreation, Inc., 2032
S.E. Bristol, Suite 204, Newport Beach, CA 92660.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember Keenan asked that Item NO. ?, Live Entertainment Permit for the Via
Maria Restaurant, be removed.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 2 through 9, with the exception of Item No. ?.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 2: Motion to Approve City Council Minutes of December 23, 1996, January 6,
1997 and January 13, 1997.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
December 23, 1996, the Adjourned Regular Meeting of January 6, 1997 and the Regular
Meeting of January 13, 1996, as submitted.
Item NO. 3: MOtion tO Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 4: Consideration of Finance Director's Attendance at the Annual Conference of
the Government Finance Officers Association.
Recommendation: That the City Council authorize the attendance of the Finance
Director to the annual conference of the Government Finance Officers Association,
scheduled for June 1-4, 1997, in Fort Lauderdale, Florida; and be reimbursed for all actual
and necessary expenses incurred.
Item No. 5: Continuation of Consideration of Amendment to Design Review Committee
No. 95-57 for the Construction of a Parapet.
Recommendation: That the City Council continue this item to the February 10, 1997 City
Council meeting.
Item No. 6: Consideration of Design Review Committee's Approval of DRC #96-43.
Recommendation: That the City Council adopt the resolution by title only, title as
follows, approving Design Review Committee Permits #96-43 - with conditions.
2
CITY COUNCIL MINUTES January 27, 1997
RESOLUTION NO. 4753
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 96-43 - WITH CONDITIONS.
Item NO. 8: Consideration of Monthly Investment Program for the Months of November
and December 1996.
Recommendation: Receive and file.
Item NO. 9: Consideration of the Orange County Employment Relations Consortium
Agreement Renewal.
Recommendation: That the City Council move to approve the continuation of the City's
participation in the Orange County Employment Relations Consortium and authorize the
Administrative Services Director to execute the Special Services Agreement.
Regarding Item No. 7, Consideration of Reports Relating to the Live Entertainment
Permit for the Via Maria Restaurant, 9969 Walker Street, Cypress, Councilmember Keenan
advised that this was a mid-year review of their one year live entertainment permit. He
had received a letter from a citizen living across Ball Road from Via Maria, who had been
keeping a log of disturbances on Friday and Saturday nights. He then read part of MrS.
Strom's letter into the record. "1 would just like for you to know what my family and I
are going through on Friday and Saturday nights living across the street from Via Maria.
It was also interesting during the holidays to receive money saving coupons from Via
Maria's Sports Club. I didn't realize that Via Maria had become a sports club, however,
that could explain the increased noise level. It's very disturbing, this turn of events
which now has us living across the street from a sports club. Please consider the need
for reasonable peace and quiet in our residential neighborhood. We didn't move here
to live across the street from a noisy nightclub. We didn't move here to listen to drunks
screaming, cursing, fighting and peeling out of a parking lot 300 feet from our
bedrooms at 1:45 am every Friday and Saturday night. Neither did our neighbors."
Councilmember Keenan felt this was something that the Council needed to address.
Councilmember Jones noted that there had been a decrease in the number of incidents
during the last six month period. She commented that when this one year permit was
first approved, she was opposed to it and she still had reservations. FOr the record, she
noted there was an article in the Register and it talked about nightclubs, "which just
may be the most excitement you'll have on a Saturday night at Via Maria unless you like
to watch somebody getting cuffed for being drunk in public, which has happened there
recently, according to Police." She felt that this restaurant had deteriorated to a
nightclub, which was not intended when the original permit was granted and will be
monitored very closely since this is only a review.
The Police Chief said that Via Maria currently holds ABC Type 47 License, which is a
bonafide eating place. A condition of that license to Via Maria is liquor sales not exceed
50% of the gross receipts. A most recent audit showed that the food sales did
represent 40% and will be an ABC fOCUS in the course of the next six months as the
process is audited.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
continue granting of the Live Entertainment Permit for the Via Maria Restaurant
through July of 1997, with the same terms and conditions originally imposed when the
permit was granted in July 1996. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Keenan, Pierc¥ and Carroll
I COUNCILMEMBERS: Jones
0 COUNCILMEMBERS: None
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONSIDERATION OF PUBIC HEARING RE: ONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT
NO. 91-3, AMENDMENT NO. 2 TO ALLOW CONSTRUCTION OF AN ADDITIONAL PARKING LOT,
GRACE CHURCH, 5100 CERRITOS AVENUE, CYPRESS: Mayor Carroll opened the public
hearing. The City Manager asked the Community Development Director to review the
CITY COUNCIL MINUTES January 27, 1997
staff report representing a request, by Grace Church, for a one year extension of
Conditional Use Permit No. 91-3, Amendment NO. 2. The purpose of the time extension
is to allow an existing church facility the time necessary to purchase the property and
construct an additional parking lot. The proposed parking lot property is located
adjacent to the existing Grace Church property at 5100 Cerritos Avenue. Amendment
No. 2 to Conditional Use Permit No. 91-3 was approved on January 8, 1996. Since
building permits have not been pulled and construction has not begun on the parking
lot project, the Amendment to the Conditional Use Permit would have expired on
January 8, 1997. However, the applicant submitted a request for a time extension, in
accordance with the provisions of the Cypress Zoning Ordinance. Notices of this public
hearing were posted, published and mailed to the owners of all properties located
within 300 feet of the subject parcel. To date, staff has not received any
communication regarding the proposed time extension.
Councilmember Bowman said that he would abstain on the vote upon the advice of the
City Attorney.
Mayor Carroll asked if anyone wished to speak in support or in opposition to the
application. NO one spoke.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
close the public hearing and adopt the Resolution by title only, title as follows,
approving the Extension of Conditional Use Permit No. 91-3, Amendment No. 2, subject
to conditions of approval.
RESOLUTION NO. 4754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A ONE (1)
YEAR EXTENSION TO CONDITIONAL USE PERMIT NO. 91-3, AMENDMENT NO. 2 - WITH
CONDITIONS.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Bowman
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-17, A REQUEST TO
CONSTRUCT A CAR WASH, MINI-MARKET, GAS STATION AND LUBE & TUNE, LOCATED AT 5931,
5999 CERRITOS AVENUE AND 10461 VALLEY VIEW STREET: The public hearing was opened
by the Mayor. The Community Development Director summarized the staff report
which was a request to construct a car wash, gas station, mini-market and lube & tune at
5931, 5999 Cerritos Avenue and 10461 Valley View Street in the Commercial General Zone.
The development of the site will require the demolition of one existing commercial
structure. Because of the proximity to the RS-6,000 Residential Single-family Zone to the
north of the site, several noise studies were conducted on this site. As a result of the
findings of the original noise study, the applicant revised the site plan in order to
relocate the car wash structure and equipment farther away from the residential zone.
Additionally, the equipment of the car wash was upgraded to a quieter model. The
revised noise study demonstrated that, with adherence to certain conditions, the
project would comply with the criteria of the Noise Ordinance. In order to ensure the
implementation of the modifications and conditions, a mitigation monitoring program
would need to be drafted. NO beer or wine sales are proposed. Hours of operation for
the car wash are proposed from 9:00 A.M. until 6:00 P.M. The gas station and mini-market
will be open 24 hours. Finally, the lube & tune will be open from 9:00 A.M. until 5:00 P.M.
Monday through Friday, Saturday from 9:00 A.M. until 2:00 P.M. and closed on Sundays.
Because of the car wash, as well as the multiple uses of the site adjacent to a residential
neighborhood, a community meeting was held on Tuesday, January 14, 1997. In order
to solicit community input, residents within the 300 foot radius area were notified. A
total of 13 people a~ended the meeting. Four were affiliated with the project. A total
of nine residents were represented in the meeting. One or two residents indicated that
they did not think the City needed another car wash and lube & tune. The remaining
residents gave the indication that they would support the project provided their
concerns regarding block wall material and lighting at the north property line were
addressed.
4
CITY COUNCIL MINUTES January 27, 1997
FOllOWing the community meeting, on January 21, 1997 staff received the attached
letter from Ms. Joyce Baker, a resident of Cypress. The letter reiterated her opposition
to the project. Another letter, dated January 17, 1997 from the "Concerned Citizens of
Cypress," was submitted on January 21, 1997. A total of 88 Cypress citizens have signed
the petition opposing the development. Notices were mailed to all property owners
within a 300 foot radius. AS Of the drafting of this report, staff has received written and
oral comment from Ms. Joyce Baker and the "Concerned Citizens of Cypress."
The consultant, Dr. Christopher England, Noise Research Group, Sierra Madre, had
conducted the noise assessments for the City, one for the preliminary site plan and one
for the current site plan. He explained and responded to questions from the Council on
noise concerns.
The Community Development Director clarified that the objection was not to the noise
but the intensive use of the site after adding a lube & tune.
Mr. Edgar A. K. Aramouni, Habitant Development Corporation, architect for the project,
remarked that most of the concerns of the various City departments had been rectified
and the applicant attempted to achieve the best layout for all concerned. The site plan
was upgraded and improved. Every constructive comment made at the neighborhood
meeting was noted and the applicant agreed to provide more lighting and additional
fencing. The recommendation of denial by the Planning Department is prejudiced and
one-sided since it was based solely on the fact that a petition of 88 names opposed to
the project have been presented. He presented a petition with 200 signatures in favor
of the project. He asked for additional time to respond to all the neighbors concerns.
Mayor Carroll asked if anyone wished to speak in favor of the project.
Mr. Kevin Maguire, representing Valley View Centers, Inc., owners of the property, said
that the entire strip center will be demolished. There is a parcel remaining that is about
24,000 square feet and they are not sure what will happen with that parcel. They have
tried to provide a project that is economically feasible as well as a benefit to the
community.
Mr. Richard Stupin, general contractor for the project, commented that the neighbors
brought up various concerns so the applicant could address those items.
Mr. Sal Hassan, owner of the proposed development, said they have been working on
this project with the property owners since May. They have changed site plans three
times and he explained those changes. It will be a Chevron gas station. Car wash
surveys have been conducted.
The Community Development Director clarified that there appears to be a
misunderstanding that there was strong support from staff. The preliminary staff
comments indicated a strong concern about the intensity and compatibility of the use
and the use adjacent to residential because normally, a noise study is not done and a
community meeting is not held.
Responding to Councilmember Jones, the Community Development Director replied that
they are incrementally developing the property without coming in with a plan for the
entire site, which is the preferred method.
There was discussion on the mood of the community meeting, size of the project and
the parcel, previous uses, number of tenants and sub-leasing.
Ms. Kelly Heidrickle, New Business Acquisition Specialist for Chevron, stated they have
been working with the applicant for several months, they have done numerous layouts
to optimize the traffic flow and Chevron is behind the proposed plan. In terms of
image and safetV, the residents should feel better about the plan because it will provide
a great deal of light and a clean atmosphere.
Responding to Councilmember Bowman, MS. Heidrickle answered that their typical sites
don't always include all these uses, but it is not unusual.
No one else wished to speak in favor of the project. Mayor Carroll asked if anyone
wished to speak in opposition to the project.
5
CITY COUNCIL MINUTES
January 27, 1997
Mr. Tom Henry, 10430 Rexford Court, Cypress, said he was for development but not
forsaking the concerns of the residents. He would support the proposed development
with the exception of the car wash.
Ms. Joyce Baker, 5975 Rexford Avenue, Cypress, spoke about the community meeting.
After the meeting, they discussed the proposed project and circulated a petition in
opposition. The car washes in the area do not back up to residential as this one will.
They don't need more of this type of development there.
Mr. Jay McCall, 10428 Bedford Court, Cypress, said he was unaware that the proposed
project would take up part of the existing strip mall and didn't believe that any
development should take place without knowing what is proposed for the entire parcel.
A gas station by itself would not be objectionable. He was concerned about the noise.
Mr. Gene Sully, 10427 Bedford Court, Cypress, asked if there was another Chevron station
locally with such an intensive use. He was not in opposition to a gas station. There are
no other developments around with four facilities on one parcel.
Mr. Bob Burroughs, 5855 Rexford Avenue, Cypress, said that no one has addressed the
intensity of the traffic that is in the neighboring strip center now and this development
will add to it.
Ms. Marielien Day, 10429 Rexford Court, Cypress, commented that they like the quiet in
their neighborhood and she objected to the car wash and lube & tune facilities. The
community meeting was to address the concerns of the neighborhood and they never
voiced their support because they were opposed to it at that time.
Mr. Robert Bethel, 10419 Rexford Court, Cypress, said he moved into that area because
of the lack of traffic and noise. He expressed concern with the light shining into his
back yard, through his windows, 24 hours a day.
Mr. Jeff KlaUS, 5434 Rome Avenue, Cypress, felt that as a citizen he should support other
areas of the City that are having difficulties and he asked the Council to oppose this
development.
Mr. John Clement, 10442 Rexford Drive, Cypress, expressed some of his concerns, such as,
the traffic noise, car wash blower equipment noise and a drop dead clause if the noise
level is exceeded. He mentioned the pool of oil oozing from the soil where the former
Union station was located.
Mrs. Joyce Davis, 5965 Rexford Avenue, Cypress, explained that her house faced the
proposed development and she did not like the block wall being raised two feet, which
would destroy the property value. She was not opposed to a service station, but was
concerned about a 24 hour operation.
Mr. Aramouni felt that there had not been enough communication between the
applicant and the neighbors so the project was completely understood. He asked for
more time to talk with the neighbors and respond to their concerns.
Mayor Carroll asked if the applicant would like the matter continued to allow additional
communication with the neighbors.
MS. Joyce Sully, 10427 Bedford Court, Cypress, expressed her opposition to the proposed
project. The project would be just as bad or worse than the previous facility and it will
not bring a great amount of revenue to the City.
No one else wished to speak in opposition to the project.
Dr. England returned to the podium to answer questions on the traffic noise levels, how
those levels were obtained and height of the block wall.
Councilmember Bowman said that it appeared the neighbors would support a gas
station and a mini-mart, but are opposed to the car wash and probably a lube & tune. It
does seem an intensive use on a parcel contiguous to residential. He asked for direction
from the City Attorney on continuing this item.
Mayor Carroll concurred, stating that he is not prepared to vote on this item. Perhaps
other community meetings should be held for further discussion and clarification.
6
CITY COUNCIL MINUTES
January27,1997
The City Attorney suggested that if the Council is desirous of continuing this matter,
that it be continued with direction to the applicant that the Council has some concerns
regarding the uses, that there be 30 days for the continuance and that it be
readvertised so that the public is notified of the new hearing date.
The Community Development Director mentioned the impact on the remaining parcel
and asked if that is something the Council wants reviewed. Councilmember Jones
advised that was her major concern and she wanted the total parcel outlined. It also
needed to include the 24 hour operation and lighting. She felt that a lot of automotive
uses are incompatible with residential housing.
Councilmember Bowman mentioned the ingress and egress.
Councilmember Keenan concurred with comments made by the Councilmembers and he
would deny this project as it is presented. However, it does appear that there is some
movement to be made and if the car wash was eliminated it would decrease the size of
the use of the property which would make the other parcel more marketable.
At Councilmember Jones' request, the City Attorney described the Council's two options:
continuing the project or denying without prejudice.
After some additional discussion, it was moved bv Councilmember Jones and seconded
by Councilmember Keenan to close the public hearing and deny Conditional Use Permit
No. 96-17 without prejudice. The Community Development Director advised that on a
denial without prejudice, the applicant would have to pay reftling fees of $600.
Councilmember Jones changed her motion to continue Conditional Use Permit No. 96-17
for 45 days and Councilmember Keenan seconded. The City Attorney said that this
project will be readvertised. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECESS: Mayor Carroll recessed the meeting at 9:05 p.m. and reconvened at 9:20 p.m.
with all Councilmembers present.
NEW BUSINESS:
CONSIDERATION OF APPEAL FILED BY MS. VIRGINIA RODRIGUEZ, REGARDING PUBLIC NUISANCE
LOCATED AT 5662 VONNIE LANE, CYPRESS: The Community Development Director
summarized the staff report describing the property at 5662 Vonnie Lane, which had
been confirmed as maintaining an extensive amount of debris, metal, and personal and
household items within the front, side and rear yard areas. In addition to the large
debris accumulation, three detached structures and an adc~ition to the rear of the
existing garage have been confirmed as being illegal. The three detached structures
and garage addition are occupied by family members of the property owner. All
structures are without benefit of a building permit and have been determined to be
structurally substandard and do not provide minimum health, sanitation, light and/or
ventilation. There is a hazardous electrical condition and there are violations of the RM-
15 Residential Multiple-family Zone provisions. The largest of the three detached
structures has been posted as hazardous due to a past fire. The original appeal requests
consideration for maintaining the structural addition to the garage and an extension to
formal abatement actions to March 31, 1997. Photographs of the site before and after
the cleanup were shown and explained by the Building Official.
The Community Development Director advised there are two separate issues that staff
would need clarification: whether the nuisance request appeal is just for the public
nuisance or for the abatement of the buildings also.
Responding to Councilmember Jones, the City Attorney explained that the two issues
are cleaning up the property and the structural condition of the fire-damaged building,
with people living in them, needed to be addressed immediately. The City Manager
added that the auxiliary buildings were not built to code.
The Community Development Director noted there are reports from various agencies
because the inspections were done on a team approach to insure full compliance.
CITY COUNCIL MINUTES January 27, 1997
MS. Virginia Rodriguez, 5662 Vonnie Lane, Cypress, said that it was hard for her to turn
people away when they have no place to stay. She did not know it was against the law
to have anyone sleeping in the buildings. She also said she has been cleaning up the
property when she can afford it. She referred to her letter which requested an
extension of the abatement to March 31, 1997.
After a question and answer period, Councilmember Bowman asked the City Attorney if
the City cleaned up the property, would they attach a lien on the property. The City
Attorney replied in the affirmative. If the property owner cannot afford to clean up
the property, the Council has to make a decision whether to grant the extension or give
direction how to proceed to get the property cleaned up and pursue the procedures
under the Uniform Code ACt of Dangerous Buildings. MS. Rodriguez will have the
opportunity to appeal to a Board separate from the Council and he recommended that
this matter be dealt with quickly.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
direct the City Attorney to obtain a Civil Abatement Warrant, enter and abate all debris
and demolish all unlawful structures immediately. Mayor Carroll asked staff to move on
this as quickly as possible. The City Attorney said that staff will proceed according to
what the law required with respect to abatement of the conditions on the property.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
At the request of the Mayor, the Community Development Director explained to Ms.
Rodriguez that the City will be contacting her within the next couple of days to review
the timing on the abatement. Councilmember Keenan asked if the City could approach
Briggeman to place a dumpster on the property to assist in the cleanup. Mayor Carroll
stated he didn't believe that the City should ask Briggeman Disposal for that.
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 96-37, CREATION OF OUTDOOR
LOADING/UNLOADING CUSTOMER ACCESS AREA TO AN EXISTING INDUSTRIAL BUILDING, 11251
WARLAND DRIVE: The City Manager asked the Communil:y Development Director to
summarize the staff report, which represented a request by Public Storage Pick-up and
Delivery to create an outdoor loading/unloading customer access area at the northwest
portion of the existing Cypress Land Spec building located at 11251 Warland Drive in the
PC-4 Planned Community Business Park Zone. After review, the Design Review
Committee determined that the proposed use is not compatible with either the
requirements of the Warland/Cypress Business Center Specific Plan or Condition No. 6 of
Conditional Use Permit NO. 95-11 approved for the building on November 13, 1995. On
November 21, 1996, the Design Review Committee denied this request based on its
inconsistency with the development standards of the Warland/Cypress Business Center
Specific Plan and Conditional Use Permit No. 95-11. On January 21, 1997, a revised site
plan was submitted proposing the utilization of the truck dock area along the west
portion of the building for the majority of the customer loading/unloading activity and
a small portion of the parking lot area for additional customer loading/unloading
activity. This plan was reviewed by the Design Review Committee who approved the
request for loading/unloading in the recessed truck dock area and denied the request
for customer loading/unloading in the parking lot area along the west property line. As
a result of the denial of the use of the parking lot area, the applicant has requested a
City Council determination regarding whether or not the proposed parking lot
loading/unloading customer access area is a permitted use within the Warland/Cypress
Business Center Specific Plan, Section 111.3.i 'tLoading," subject to the requirement that it
be screened from adjacent streets. If it is determined to be a permi~ed loading use,
the City Council should approve Design Review Committee No. 96-37, as proposed.
After further discussion, Councilmember Jones asked if the applicant were allowed to
use the parking spaces as loading/unloading, how would it affect future developments.
The City Attorney responded that Council would be making an interpretation under the
Specific Plan that type of use is authorized. Any future uses that would request
something similar would be able to do so.
Mr. Mark Armbruster, representing Cypress Land Company the landlord for Public
Storage, commented that this project now has about 100 parking spaces for
approximately five employees. He reviewed the changes they have made to the project
after discussions with staff and Warland Investments. This is a new type of use, a new
CITY COUNCIL MINUTES
January 27, 1997
trend in this industry and he felt it fell within the definitions of the Specific Plan. He
suggested that the parking/loading area be moved south so it does line up with the
unloading area, mark it as loading and make the interpretation of the Specific Plan that
this is loading/unloading.
Mr. Brian Harvey, Cypress Land Company, explained that this was home delivery self-
storage and Public Storage owns 65 million square feet of public storage
miniwarehouses all over the United States. The containers are stored inside the
building, brought out when the customer wishes to access it and then returned to the
building. Most accessing of the storage containers is on weekends.
After additional questions of the applicant, Councilmember Jones asked if there was a
condition stating there be no individual containers left outside overnight. The applicant
agreed to make that a condition of approval.
Mr. Armbruster would agree to two additional conditions: (1) that the parking area be
realigned southerly so it lines up with the loading area adjacent to the building and (2)
that it be marked as a loading area.
Councilmember Bowman advised that his interpretation would fall within Section 111.3.i
that was cited by Mr. Armbruster and he did not have a problem with it.
It was moved by Councilmember Bowman to determine that the proposed parking lot
customer loading/unloading use is to be interpreted as a loading area and to approve
Design Review Committee No. 96-37 with the addition of the suggested conditions.
Councilmember Keenan asked that another condition be added that the
loading/unloading spaces be used as overflow. Councilmember Bowman would amend
his motion to include that condition. Mr. Harvey said the tenant is concerned about
flexibility with the last suggested amendment and Councilmember Keenan withdrew his
amendment. Councilmember Bowman made his original motion, which was seconded
by Councilmember Piercy. The Community Development Director said, for the record,
"that it be clearly understood that the Council is making a code determination, so any
other use within this Specific Plan area that requests something similar, will be able to
do it subject to Design Review."
Mayor Carroll said he would like this written as a unique situation and wanted similar
uses brought to the Council. The City Attorney commented that the Council is granting
authorization within the Warland Specific Plan, which encompasses the three planning
areas. Mayor Carroll would like them brought to Council and the Community
Development Director advised that needed to be included in the Council's
interpretation. Councilmember Bowman amended his motion to include the
requirement that outdoor loading/unloading customer access area uses be brought
before Council prior to approval. Councilmember Piercy concurred with the
amendment.
RESOLUTION NO. 4755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 96-37.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
O COUNCILMEMBERS: None
O COUNCILMEMBERS: None
CONSIDERATION OF THE CALIFORNIA GAMBLING, REGULATION AND TAXATION AMENDMENT:
The City Manager introduced the staff report which was placed on the Agenda at
council's request and relates to allowing gambling at various horse racing facilities in
California. He asked Kevin Justen, Senior Management Analyst, to present the staff
report indicating that proponents of the California Gambling, Regulation and Taxation
Amendment have met State requirements to obtain signatures to qualify it as a ballot
initiative for the June 1998 general election. This measure would amend the State
Constitution to repeal the existing ban on gambling casinos. It would legalize casino
gambling, including slot machines, at five horse race tracks in the State, including LOS
Alamitos Race Track in Cypress. It also establishes a California Casino Gambling
Commission to regulate the casinos and preempts all local authority to regulate or
CITY COUNCIL MINUTES January 27, 1997
restrict such operations. The report explained the specifics of the Amendment, its
timeframe for approval and its potential impact to the City.
Councilmember Bowman mentioned that he had considered contacting other cities
with race tracks for a coalition, but Inglewood and Albany have already passed to
approve casino gambling.
Councilmember Jones stated her opposition to casino gambling at the LOS Alamitos Race
Course and expressed concern about a poorly written state-wide initiative bypassing the
City in receiving any revenue in the event this initiative did pass.
Councilmember Keenan read his statement and he asked that it be made part of the
record regarding the statewide gambling initiative. "I'd like to see us take action early
on in this initiative process because of our city's history with proposals similar to this:
The majority of Cypress voters overwhelmingly rejected an increase in the gaming
activities at the site of the Los AI Race Track just 3-1/2 years ago.
We are highly at risk of being impacted by the activities discussed in our report if this
should come to pass.
we have experience challenging this type of initiative and know that it is best to get as
early a jump on trying to head this off as early as possible.
We only have five months to get this underway. The proponents of this initiative,
whoever they are, have purposely worded this initiative to very specifically ignore the
financial impact on the municipalities that would be most effected by its passage. We
would get no revenue from the addition of a gambling casino, yet we would bear all the
costs associated with its presence, including the increase in the use of all our City's
services--primarily police service. This initiative specifically and punitively exempts these
five cities from imposing any fees or taxes on the racetracks to cover these increased
costs."
Councilmember Jones concurred that some type of proactive position should be taken
by the Council.
Councilmember Bowman said that the dilemma is: does the initiative proceed, which
will be to the benefit of the track owners and to the detriment of the local
communities; or encourage the legislature to compose their own initiative which would
be more fair to the local community.
Councilmember Keenan suggested a resolution to:
"Take a stand, as a Council, against the proposed initiative.
Ask voters to not sign the petition if presented with the opportunity.
Work with the four other cities that would be effected by this initiative to issue a joint
resolution to the 450 other cities in California presented our argument against this
initiative and ask them to take a stand with us asking voters not to sign this petition.
Then send our resolution and, subsequently, any joint resolution to other cities in
California.
At a later date (possibly after all signatures have been gathered if it should get that far)
we should explore our alternatives at the State level to protect the rights of our City in
the unlikely event that this initiative might pass the test of a statewide vote."
Councilmember Bowman concurred and suggested that all avenues be pursued.
Councilmember Piercy said she would like to see some action taken and expressed her
support of the suggested resolution to take a stand against the proposed initiative.
Mayor Carroll said that the impacts are all negative for the City and he appealed to the
citizens of Cypress for their comments against casino gambling in Cypress.
Mayor Carroll recognized a member of the audience who wished to speak.
10
CITY COUNCIL MINUTES January 2?, 1997
Ms. Terry Ballard, 10445 Hampshire Court, Cypress, expressed her opposition to the
gambling at the race track or any additional gambling. It is very inappropriate for the
community and she does not want to see it happen here.
The City Attorney advised that there are certain rules and regulations with respect to
how a Council or a public official can take sides on a particular ballot measure. He would
send a memorandum to the Council on some of the guidelines on what the Council can
and cannot do. So, before a direction is given to staff, Council is assured they can go in
one direction or the other. He recommended the action to be taken would be receive
and file.
It was moved by Councilmember Bowman 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:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Pierc¥ and Carroll
None
None
CONSIDERATION OF SUPPORT FOR THE INTERIM AGREEMENT TO GUIDE THE DRAFTING OF
COUNTY'S CITY/COUNTY SOLID WASTE DISPOSAL AGREEMENTS: The City Manager asked the
Recycling Coordinator, Jamie Herbon, to review the staff report which advised that the
County Board of Supervisors had authorized the County Integrated Waste Management
Department (IWMD) staff to negotiate with Orange County cities to develop a disposal
contract which would direct municipal solid waste to the Orange County Landfill System.
If IWMD is unable to execute disposal contracts with most Orange County cities by March
1, then the Supervisors have directed IWMD to let a bid for the sale of the Landfill
System. The interim agreement included long-term capacity reservation, at a fixed
disposal rate and using sound environmental management practices. Staff is
recommending several amendments including: a ceiling to the posted disposal fee to
be no more than 25% higher than the fixed rate for contract cities and a five year
reopener clause for cities that are unable to meet the March I deadline. After review of
the draft agreement, staff is recommending that the City support the agreement in
concept and continue to negotiate for these amendments to the disposal contract.
Mayor Carroll mentioned that the League of Cities is aware of the two amendments the
City would like in the agreement. He said he brought up a third amendment suggesting
that the gate rate fee be applied according to zones which would be related to the
distance the trash was hauled.
Councilmember Keenan agreed that an incentive should be encouraged because it
would be a financial hardship for those cities that are the farthest away.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to:
1. Support the Interim Agreement, in concept,
Authorize staff to continue negotiations with the City Managers' working group
and the County to consider modifications as described in the report,
Direct staff to bring the City/County Disposal Agreement to the February 24, City
Council meeting, and
Include the amendment that the gate rate fee be applied
according to zones which would be related to the distance the trash was hauled.
· The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
CONSIDERATION OF REDESIGN OF CITY, RECREATION AND PARK DISTRICT AND REDEVELOPMENT
AGENCY LETTERHEAD: The Senior Management Analyst, Kevin Justen, presented the staff
report at the request of the City Manager. In responding to a Councilmember's request,
staff had prepared a redesign of City, Recreation and Park District and Redevelopment
Agency letterhead to include Councilmembers names with examples attached. The
annual additional cost of using this type of letterhead would be approximately $200.
11
CITY COUNCIL MINUTES
January 27, 1997
This cost would be for setup and printing and would be in addition to the $620 spent
annually for City letterhead.
It was suggested by Mayor Carroll to appoint a subcommittee of two Councilmembers to
design the letterhead and bring it back to Council in final form. He nominated
Councilmember Piercy and Councilmember Keenan volunteered to be the second
committee member. The nomination was seconded by Councilmember Jones and the
nominations were unanimously approved bv the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 24518 - 24627: It was
moved by Councilmember Bowman and seconded bv Councilmember Jones to approve
Warrants No. 24518 through 24627 in the amount of $1,037,330.70. The motion
unanimously carried bv the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
ORAL COMMUNICATIONS: FOr Matters NOt on the Agenda.
Ms. Mary Crowder, 6881 Reefton Avenue, Cypress, asked the Mayor to contact the City of
Garden Grove asking them not to have the Garden Grove school children selling candy in
Cypress. The City Manager will follow up.
MrS. Joan McEvov, 4178 Elizabeth Court, Cypress, expressed concern about the Orange
County High School of the Arts (OCHSA) moving to a site that will impact the Tanglewood
Community. She provided a petition from Cypress and Los Alamitos residents. Their
main concerns are traffic, overflow parking and danger to the school children walking
to the elementary schools around. She asked for the Council's help in this situation. The
City Manager advised that the question probably won't come to the Cities of Cypress or
Los Alamitos for disposition because of the tremendous authority that exists for a
school district to make a determination on the use of its sites. However, City staff has
been monitoring the situation and the environmental work because of the concerns
expressed by Cypress citizens.
Mayor Carroll reported that it has been a busy time for the Council with the recent
D.A.R.E. graduations. Congressman Ed Royce and some of the Councilmembers were at
Landell School and answered questions from the school children. The Mayor attended a
celebration at St. Irenaeus Church, along with the Police Chief and other City staff
members. He mentioned the Council Retreat that was held on Saturday, January 25 to
discuss the direction of the City this year and next fiscal year. Mayor Carroll attended
the Orange County Education Board meeting that had the Daytime Curfew Ordinance on
its agenda and they did unanimously vote against that ordinance for minors in the
school district. Councilmember Keenan advised that the Orange County Register wrote
an editorial assailing daytime curfews and requested that the cities that had passed it,
repeal them.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT:
Mayor Carroll adjourned the meeting at 11:00 p.m. to 4:30 p.m., Monday, February 10,
1997 in the Administrative Conference ROOm.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
12