HomeMy WebLinkAboutMinutes 82-10-25241
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October 25, 1982
The regular meeting of the Cypress City Council was called to order at 6:00 p.m. on Monday,
October 25, 1982, in the Cypress City Council Chambers, 5Z75 Orange Avenue, Cypress,
California, Mayor Gerald Mullen presiding.
PRESENT:
ABSENT:
Councilmembers Lacayo, Partin, Rowan & Mullen
Councilman Coronado
Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and
the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg, Powelt and
Schat zeder.
Mayor Mullen asked if Mr. Sirra was present for the interview for alternate to the Senior
Citizens Commission. Mr. Sinn was not present and the Mayor continued this item until
later.
PRESENTATION BY CHIEF LARRY HOLMS AND CHIEF HENNESSEY OF THE ORANGE
COUNTY FIRE DEPARTMENT ON UNTREATED WOOD ROOFS AND RETROACTIVE
SMOKE DETECTOR AMENDMENTS: Chief Larry Holms, Director of Fire Services for the
Orange County Fire Department, reviewed the major accomplishments of the Orange County
Fire Department since its transition in 1980 from an agency managed by the California
Department of Forestry to a county fire department. These accomplishments include:
providing services to 10 contract cities~ 520 square miles and a population of 567~000;
maintaining 42 fire stations county-wide; responding to 28,000 emergency calls annually;
development of an advisory committee of city managers from the contract cities;
development of a cost allocation plan to calculate contract pricing; conversion of field
personnel to non-sworn, civilian positions for cost-effectiveness; an improved volunteer
program; establishment of standard hiring and training practices; establishment of new safety
requirements such as the smoke detector and roof cover ordinances; implementation of an
automated reporting process and new records system; and implementation of a pilot program
to improve public education and community involvement in fire prevention. Chief Holms
stated the fire department's resources have been put to the test and performed well in a
crash fire rescue operation at John Wayne Airport and in combating five major fires since
October 1980. Chief Holms responded to questions from the Council concerning paramedic
services.
COUNCILMAN CORONADO ARRIVED AT 6:Z0 P.M.
Assistant Chief Bob Hennessey submitted materials to the Council regarding smoke detectors
and untreated wood roofs. He reported the purpose of the roof ordinance would be to require
a Class C or better roof for new construction and for re-roofing in excess of 10%. The
ordinance would allow re-roofing under 10% to be of an in-kind material. Chief Hennessey
stated Cypress' ordinance provides a higher level of protection than the proposed ordinance
since it requires a Class B or better roof for new construction; however, it does not address
re-roofing. Chief Hennessey stated a fire retardant roof is less costly than untreated shake
or shingle roofs. If a homeowner wants shake or shingle, he would be required to have a
pressure treated assembly which costs about SZ,000 more. He stated the pressure treatment
lasts for the life of the shake/shingle. Chief Hennessey reported on provisions of the
proposed smoke detector ordinance which would amend the Uniform Fire Code and would
require all multiple-family developments to have a smoke detector in each dwelling unit.
The ordinance also suggests that a smoke detector be installed in a single-family dwelling
upon change of ownership. Chief Hennessey stated all smoke detectors sold in California
must be State Fire Marshal and UL approved. Chief Hennessey requested that the Council
schedule public hearings to consider the roof and smoke detector ordinances.
INTERVIEW OF APPLICANT FOR APPOINTMENT AS AN ALTERNATE TO THE CYPRESS
SENIOR CITIZENS COMMISSION: The City Council interviewed an applicant for alternate to
the Commission. Following the interview, Mayor Mullen announced that the Council had
unanimously appointed Mr. Otto Sinn as alternate to the Senior Citizens Commission. The
City Council also requested that the Senior Citizens Commission discuss the possibility of
increasing the number of alternates to the Commission and present their recommendation to
the Council.
City Council Minutes
October 25, 1982
PRESENTATION OF RESOLUTION OF COMMENDATION TO MR. SCOTT LIVINGSTONE~
MR. U.S.A.~ LIGHTWEIGHT - 1982: Mayor Mullen read and presented a resolution to Cypress
resident Scott Livingstone commending him on placing first in the Mr. U.S.A. Contest held
July 16-17, 1982, in Las Vegas and winning the title "Mr. U.S.A. Lightweight 1982". Scott is
currently in training for the Mr. America lightweight competition to be held in September
1983.
PLEDGE OF ALLEGIANCE: Mr. Murphy led the pledge to the flag.
ORAL COMMUNICATIONS: Councilman Rowan stated that a candidate in the Council
election was announcing that the City has $1 1/Z million of surplus funds. He felt the record
should be corrected. Councilman Rowan stated that $800,000 was carried forward from last
year and set aside in this year's budget to cover the cost of the police building project, and
there is $700,000 in a reserve fund. Councilman Rowan stated it was a disservice to the
community to say there is a $1 1/2 million surplus when the City has lost over $400,000 this
year in State subventions and inappropriate to create a false impression that the City has
funds available for general use especially when the City has to charge citizens user fees to
pay for services.
The City Manager stated that the $1 1/2 million represented increased revenues and lower
expenditures in last year's budget and this amount was referred to in the press as a reserve.
Councilman Lacayo stated the $1 1/2 million which was not expended in last year's budget
was carried forward as a reserve fund for contingencies.
Mayor Mullen announced that it was time to conduct the public hearings. The City Manager
reported that the applicants for Public Hearings #23, 24 and 26 had requested that the
heatings be continued to the next regular meeting.
It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to
continue the following Public Hearings to the November 8 meeting:
Item #23 - Continuation of Public Hearing Re: Conditional Use Permit 482-14, Cypress
Christian Fellowship, 9739 Denni Street, Cypress.
Item ~24 - Continuation of Public Hearing Re: Conditional Use Permit #82-15, Antique
Faire, Los Alamitos Race Course.
Item ~26 - Public Hearing Re: Application for Live Entertainment Permit - Antique
Faire and Flea Market, Los Alamitos Race Course.
CONTINUATION OF PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT 4~78-
I1~ WIERSMA HAY COMPANY~ 4252 CRESCENT AVENUE~ CYPRESS (NOW KNOWN AS
FOSTER FEED): Mayor Mullen opened the public hearing. Mr. Lamm presented a report
dated October 18 indicating the hearing was continued from the October 12 meeting. Mr.
Lamm reported that the Wiersma hay business has completely vacated the property and has
relocated outside the City limits.
Mayor Mullen asked if anyone wished to speak in support or in opposition to revocation of the
conditional use permit. There was no one wishing to speak.
It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public
hearing and receive and file the report. The motion unanimously carried by the following roil
call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT NO. 2 TO CONDITIONAL USE
PERMIT ~77-14~ NAUGLES DR/VE-THRU RESTAURANT~ 5981 ORANGE AVENUE~
CYPRESS (FORMERLY GREENS RESTAURANT): Mayor Mullen opened the hearing. Mr.
Lamm presented a report dated October 18 indicating the hearing was continued from the
October 1Z meeting. Staff transmitted copies of a letter dated October 21 to the Council
which indicated that an agreement had been reached between the applicant and Mr. and Mrs.
Maki whereby Naugles would install double-pane windows and additional landscaping on the
Maki's property and direct the drive-thru speaker box so that noise would not blare onto their
property. Mr. Lamm reported that he had no further contacts with the second neighbor who
had complained about lights shining onto her property. He reported she resides diagonally
across the alley and is not directly adjacent to the Naugles property.
-2-
City Council Minutes
October 25, 1982
243
Mr. John Krogg, representing Naugles, Inc., Z93Z East Nutwood, Fullerton, reported he met
with the two property owners after the last Council meeting to discuss their concerns. Mr.
Krogg reported that the lady stated her objections were satisfied.
It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public
hearing and adopt the following Resolution by title only, title as follows, approving
Amendment #Z to Conditional Use Permit #77-14, subject to the eight conditions
recommended by staff and the conditions outlined in the October 21 letter relative to the
agreement between Mr. Maki and Naugles:
RESOLUTION NO. Z573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 77-14 -
WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
PUBLIC HEARING RE: PUBLIC NUISANCE CONDITIONS LOCATED AT 6101 BALL
ROAD: Mayor Mullen opened the public hearing. Mr. Lamm presented a report dated
October 13 which described nuisance conditions on the property. He reported that ownership
of the property was transferred within the last few days and the new owner should clean up
the nuisance conditions within the next 30 days.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the nuisance
abatement. No one wished to speak.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public
hearing and adopt the Resolution by title only, title as follows:
RESOLUTION NO. Z574
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY TO BE A
NUISANCE, AS DEFINED IN ARTICLE I]I OF CHAPTER 13 OF THE CYPRESS
CITY CODE, AND ORDERING THE ABATEMENT OF THE SAME BY THE
OWNER THEREOF.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
PUBLIC HEARING RE: CONDITIONAL USE PERMrr ~8Z-16~ TACO BELL RESTAURANT
DRIVE-THRU~ 5619 BALL ROAD: Mayor Mullen opened the public hearing. Mr. Lamm
summarized a report dated October 15 describing the application to install and operate an
automobile drive-thru food service at the existing Taco Bell Restaurant located at 5619 Ball
Road in the CG-10,000 Commercial General Zone. Staff recommended approval of the
application subject to eight conditions.
Mr. Jim Middleton, Regional Construction Manager for Taco Bell, 16808 Armstrong Avenue,
I. rvine, stated the applicant has no objections to the conditions recommended by staff and will
install a landscaped planter along one side of the drive-thru lane and provide a noise
attenuation device on the intercom speaker box.
Mayor Mullen asked if anyone wished to speak in support of the application. No one wished
to speak in support. He asked if anyone wished to speak in opposition.
Mr. Merw]rn Smith, 9997 Graham Street, Cypress, stated he opposes the addition of drive-
thru service. He stated he has noticed an increasing noise level at Taco Bell over the last
few years created by teenagers who congregate on the property and their cars. Mr. Smith
stated the problem is a concern to the adjacent neighbors, the neighbors have called Taco
Bell requesting them to alleviate the noise, and the drive-thru will add more noise. Mr.
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City Council Minutes
October 25, 198Z
Smith reported ~hat half the noise seems to come from Taco Bell employees when they close
at night and clean up in the early morning. He reported the employees perform their work
noisily, squeal their tires, blare their car radios and have a total lack of concern for their
neighbors.
Mr. Dudley Kovarik, 997? Graham Street, Cypress, stated he supported all of Mr. Smith's
comments. He reported that on several occasions, customers of Taco Bell have damaged the
wall separating their properties and Taco Bell has made no attempt to repair the wall. He
stated he doubted whether Taco Bell would take action to resolve the noise problem. He
recommended that the drive-thru not be granted.
Mr. Middleton reported that, according to Taco Bell's site plan, the speaker box will direct
sound away from the residences and towards the Carls Jr. Restaurant and sound will project
no more than 10 to 15 feet. He stated the drive-thru lane will result in less loitering. In
response to questions from the Council, Mr. MiddIeton stated the applicant would not object
to meet with the neighbors to resolve problems. He stated the applicant would have no
problem in repairing the wall.
Ms. Nancy Reed, District Operations Manager for Taco Bell, reported that since she began
managing the restaurant in January 198Z, no one has contacted her about noise, the crew
work, police reports or fence damage. She indicated she would be willing to meet with the
neighbors to discuss their concerns.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to continue the public
hearing regarding Conditional Use Permit ~8Z-10 to the November 8 meeting to allow the
applicant to meet with the property owners to resolve their problems. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCFLMEMBERS: None
0 COUNCILMEMBERS: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~8Z-17, ON-SITE SALE OF BEER AND
WINE~ THE SANDWICH GALLEY~ 11513 KNOTT AVENUE: Mayor Mullen opened the public
hearing. Mr. Lamm presented a report dated October 14 describing the application to allow
the on-site sale of beer and wine at The Sandwich Galley located at the southwest corner of
Knott and Orangewood in the CN-10,000 Commercial Neighborhood Zone. Staff
recommended approval of the application subject to two conditions.
Mr. Paul Grieco, 15433 Dumont, Norwalk, the applicant, stated the permit will help their
business and allow them to be more competitive.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the application.
No one else wished to speak.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public
hearing and adopt the following Resolution by title only, title as follows, approving
Conditional Use Permit ~8Z-17 subject to the two conditions:
RESOLUTION NO. Z575
A RESOLUTION OF THE crrY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 82-]7 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNC]LMEMBERS: None
MINUTES: It was moved by Mayor Mullen, seconded by Councilman Rowan and carried, with
Councilman Lacayo abstaining, to approve the minutes of October 1Z.
STAFF REPORTS & DISCUSSION: The City Manager requested an Executive Session to
discuss matters of litigation. Hearing no objections, Mayor Mullen added the following items
to the agenda:
Item I~33a regarding political endorsements by City executive officers;
Item #33b regarding bicycle trail access; and
Item #33c regarding political signing on utility poles.
-4-
City Council Minutes
October 25, 1982
245
CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT TO PAINT ELEVEN
CITY-OWNED VEHICLES: The City Manager presented a report dated October 18 from the
Public Works Director who recommended that a contract be awarded to the low bidder to
paint one truck. If the work is satisfactory, he recommended that the balance of the trucks
be painted by the low bidder. Councilman Rowan recommmended that a warranty be
obtained for the paint work. Mayor Mullen recommended that the low bidder be asked what
type of warranty he will provide for painting the remaining ]0 vehicles.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to: (1) determine that l-
Day Paint and Body submitted the lowest responsible bid for painting Truck 4*806, License
4*E611623; and (Z) award the contract to 1-Day Paint and Body, 205 North Euclid, Anaheim,
in the amount of $445.04. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNC]LMEMBERS: None
RECESS: The Mayor called a recess at 7:56 p.m. The meeting was called back to order at
8:06 p.m. with all Councilmembers present.
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE DEPARTMENT CLOSED
CIRCUIT SECURITY SYSTEM, REQUEST FOR QUOTATION 4.8Z83-17: The City Manager
presented a report from the Finance Director dated October 13 indicating that bids were
requested from six vendors and two bids were received.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to accept the bid of
Pacific Video Products, Inc., 2600 East Katella, Anaheim, as the lowest responsible bidder
and award them the contract in the amount of $7,ZS0.1Z. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNC]LMEMBERS: None
CONSIDERATION OF AWARD OF ANNUAL CONTRACT FOR LPG FUEL~ REQUEST FOR
QUOTATION ~SZ83-Z0: The City Manager presented a report dated October IZ from the
Finance Director indicating bids were requested from six vendors and four bids were
received. Mr. Essex requested that the Council continue this item to the next meeting.
It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to
continue the item to the November 8 meeting.
CONSIDERATION OF AWARD OF CONTRACT FOR TWENTY-ONE SWING SEATS WITH
ATTACHED TABLES~ REQUEST FOR QUOTATION ~8Z83-ZZ: The City Manager presented a
report from the Finance Director dated October 13 indicating bids were requested from
seven vendors and two bids were received.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to accept the bid of
Orange County Office Furniture, 114 South Main Street, Santa Ana, as the lowest responsible
bidder and award them the contract in the amount of $3,244.81. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNC]LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCKMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF ELECTRIC
METERS AT OXFORD JR. HIGH SCHOOL~ CITY OF CYPRESS PROJECT 4*8202-90: The
City Manager presented a report from the Public Works Director dated October 18 which
outlined two bids received.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to: (1) appropriate
$6,370.00 from the fund balance of the General Fund to Account 4'11-4186-433.24; and (Z)
determine that Smith Electric Supply, 10792 Knott Avenue, Stanton, submitted the lowest
responsible bid for Project 4*8ZOZ-90 and award them the contract in the amount of
$6,065.00. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNC]LMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
-5-
City Council Minutes
October ZS, 1982
CONSIDERATION OF AWARD OF CONTRACT FOR THE RENOVATION OF PARK
BUK. DING:_TERMITE REPAn~S, AND SECURITY LIGHTING AT EUCALYPTUS PARK~ CITY
OF CYPRESS PROJECT #8222-90: The Public Works Director summarized a report dated
October 18 which described the scope of the project and outlined bids received from ]1
vendors. The project included three schedules: (a) general repair, (b) heating, ventilation and
air conditioning, and (c) electrical and lighting. Mr. Schatzeder reported that By awarding
individual contracts rather than one overall contract, the City will save $1,720.
It was moved by Councilman Rowan and seconded by Councilman Lacayo that the City
Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park
District: (1) authorize a budget transfer in the amount of $2,400.00 from Account #12-4186-
5i8.29 to Account 412-4186-590.29 to cover the cost of security lighting; (Z) authorize a
budget transfer in the amount of $2,600.00 from Account 412-4180-518.29 and authorize an
appropriation from the Fund Balance of the Quimby Act Fund and appropriate $17,000.00, to
cover costs of Schedules A, B and C and termite damage repairs, to the following accounts:
12-4150-591.29 -
lZ-4151-591.29 -
12-4152-591.29 -
i2-4186-591.29 -
$50.00
150.00
75.00
16~725.00
$17,000.00
(3) award a contract for the termite work to Paramount Pest Control of Santa Ana, 1215 E.
Pomona, Santa Aha, for Items 1, Z and 3 in the amount of $680.00; (4) determine that the
lowest responsible bidder for Schedules A and C is Pacific Design & Development, 413 South
Glasseli, Orange, and award them the contract in the amount of $8,654.15 for Schedule A and
$1,349.00 for Schedule C; (5) determine that Contracting Services is the lowest responsible
bidder for Schedule B and award the contract for Schedule B to Magnum Air, 3911 East La
Palina, La Palina, (Magnum Air is the subcontractor listed by Contracting Services) in the
amount of $3,850.00. The motion unanimously carried by the following roll ca]] vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSENT CALENDAR: Mayor Mullen announced that all items listed on the agenda under
"Consent Calendar" were to be considered by the Council as routine and enacted by one
motion approving the recommendations on the agenda. Councilman Coronado requested that
Item 4]4 be removed.
It was moved by Mayor Mullen and seconded by Councilman Coronado to approve Items 410
through 421 on the Consent Calendar with the exception of Item 414. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCK. MEMBERS: None
0 COUNCILMEMBERS: None
Item 410: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item 411: Consideration of Proclaiming October 25-29, 1982, as Safe Schools Week.
Recommendation: That the Mayor and City Council officially proclaim the week of October
25-29, 1982, as "Safe Schools Week" in the City of Cypress as requested.
Item 4 1Z: Consideration of Proclaiming Thursday, November 18, 1982, as The Great
American Smokeout Day.
Recommendation: That the Mayor and City Council officially proclaim Thursday, November
18, 1982, as the day of "The Great American Smokeout" in the City of Cypress.
Item 413: Consideration of Status Report on Abatement of Public Nuisance at 9432
Alderbury Street.
Recommendation: That the City Council grant a thirty (30) day extension to the property
owner for the purpose of installing grass or other proper ground cover in the front yard of the
subject property.
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City Council Minutes
October Z5, 19811
247
Item #15: Consideration of Condition of Pavement on St. John Circle.
Recommendation: That the City Council receive and file the report and instruct staff to
send a copy to the signers of the petition.
Item #16: Continuation of Consideratiun of Communication Regarding Cypress College Swap
Meet.
Recomlnendation: That the City Council direct a communication to Straight Talk Clinic, Inc.
and the Cyprr. ss College Endowment Fund expressing appreciation for their cooperation.
Item #17: Consideration of a Resolution Providing for the Investment of Snrplus Funds of the
City/District.
Recrm~mendation: That the Citv (ouncil and acting as the ex-officio governing Board of
Directors of the Cypress Recreation & Park District adopt the Resolntion by title only, title
as follows, providing for the investment of surplus funds of the City/District:
RESOLUTION NO. 2,576
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS AND
ACTING AS THE EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF
THE CITY, PROVIDING FOR THE INVESTMENT OF SURPLUS FUNDS OF THE
CITY/DISTRICT.
Item #18: Consideration of an Application for an Original Alcoholic Beverage License Filed
by Iu Chin & Ruu Guang Lee, DBA Howard's Coffee Shop, 4780 Lincoln Avenue~ Cypress.
Recommendation: That the City Council receive and file this application contingent upon
the approval or disappreval of a conditional use permit by the City Council at a future
Conncil meeting.
Item #19: Consideration of ('laim Against Public Entity Filed bv Antonio Martin and Ophelia
Martin.
Recommendation: That the City Cenncil officially reject the subject claim and refer it to
the City Attorney's office for appropriate action.
Item #g0: Consideration of Replacement of Tractor.
Recommendation: That the City Council authorize solicitation of bids for a new, small
tractor to replace Unit #809.
Item #gl: Consideration of Change in After-School Program Site.
Recmnmendation: That the City Council~ acting as the ex-officio governing Board of
Directors of the Cypress Recreation & Park District, accept the recommendation of the
Recreation & Community Services Commission and approve change of the after-school site
from Oak Knoll Park to the Swain School site, effective January 4, 1983.
In regard to Item #14, Consideration of an Amendment to the California Cablesystems'
Agreement for Use of Public Rights-of-Way, Councilman Coronado expressed concern over
the possibility of City streets being dug up twice, for the cable installation by California
Cablesystems and later by the City. He felt a cooperative agreement should be worked out
with the applicant whereby they could accommodate the City's future cable installation. Mr.
Lamm reported that California Cablesystems had requested the City's permission to run their
cables overhead in Cypress. The staff had denied the request~ indicating that these overhead
lines would be used for the City's future cable system. California Cablesystems will be
required to lay cable underground, outside of the right-of-way pavement, on Katella and on
Valley View up to Orangewood; the only area where the City street will be cut will be on
Valley View from Orangewood to the Garden Grove border. The proposed amendment also
contains a retroactive reqnirement whereby California Cablesystems' overhead cable along
Moody Street must be installed underground at whatever time the City requests it. Mr.
Lamm reported that California Cablesystems does not have authority to run cables anywhere
else in the City. Mr. Barrett reported that the City's cable system would utilize overhead
lines since underground installation is $35,000 per mile more costly.
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248
City Council Minutes
October ZS, 1982
It was moved by Mayor Mullen and seconded by Councilman Lacayo that the Council direct
the Mayor to execute the First Amendment to the Agreement regarding Cable Television
Receiving Station and use of public rights-of-way. Following further discussion regarding the
California Cablesystems' receiving station on the race track property, the motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC UTILITIES COMMISSION
EXPLANATION OF SOUTItERN CALIFORNIA WATER COMPANY'S "BILL INSERT": The
City Manager presented a report dated October Z0 which transmitted a response from
Congressman Patterson regarding the normalization requirements for public utility
property. Mayor Mullen recommended that the Council consider this matter in January,
after Congress reconvenes.
It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to
continue this item to the January Z4, 1983 Council meeting.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by
Mayor Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrants
~73Z67 through #73454 in the total amount of $516,946.77. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
SECOND READING OF ORDINANCE RE: AMENDMENT TO PUBLIC EMPLOYEES'
RETIREMENT SYSTEM: It was moved by Mayor Mullen and seconded by Councilman
Coronado to order the following Ordinance read by title only, title as follows, and to adopt
the Ordinance:
ORDINANCE NO. 697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan& Mullen
None
None
SECOND READING OF ORDINANCE RE: TAXES IMPOSED FOR CERTAIN HORSE RACING
EVENTS: It was moved by Mayor Mullen and seconded by Councilman Lacayo to order the
following Ordinance read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 698
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTION Z6-Z0.1 TO THE CODE OF THE CITY OF CYPRESS AND
AMENDING SECTION 15-30(1Z) OF THE CODE OF THE CITY OF CYPRESS
RELATING TO THE AMOUNT OF TAXES IMPOSED IN CONNECTION WITH
THE CONDUCT OF CERTAIN HORSE RACING EVENTS.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCIl,MEMBERS: None
1 COUNCILMEMBERS: Coronado
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City Council Minutes
October Z5, 1982
In regard to Item ~33a concerning political endorsements by City officers, Councilman
Coronado expressed concern with a campaign publication distributed by Councilman Lacayo
which contained photos of City staff members. He stated many persons took the publication
seriously a_nd he asked if the inclusion of staff members in the publication represented their
endorsement of the candidate. He felt it was inappropriate for City employees to take sides
in a mm~icipal election. Councilman Lacayo stated the staff members were not involved in
any way with the publication and that it was a project undertaken by himself without the
staff's knowledge or consent. Councilman Coronado felt the publication should have
contained a statement under the photos indicating that the staff's names were used without
their permission.
In regard to Item #33b, Councilman Partin reported that he received a call from a senior
citizen who was concerned over the lack of bicycle access at Lincoln Avenue to the Coyote
Creek channel bike trail and fact that the gates to the streets are locked. Mr. Schatzeder
reported that the bike trail was approved as a cooperative project with the City of Los
Alamitos, the plans are being designed, and the bike trail from Cerritos to Crescent is
included on the Orange County Master Plan of Bike Trails. He reported that construction
funding will be requested from S.B. 831 funds for the next fiscal year. Mr. Schatzeder
reported that the gates leading to the roadways are locked because it would be dangerous for
bicyclists to cross the major streets at grade at the present time.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that sometimes the gates are
locked and sometimes they are unlocked. He stated a bicyclist may be able to get on at
Lincoln but the Ball Road gate will be locked.
Councilman Partin requested that staff prepare a report on the Coyote Creek Channel bike
trail for consideration in January. Councilman Rowan requested information on which
agencies have jurisdiction over use of the bike trail.
In regard to Item #33c, Councilman Partin stated the Council candidates recently received
information on proper electioneering practices which requested that candidates refrain from
posting political signs on utility poles. He reported that complaints were made this year to
City Hall regarding signs on utility poles and this was a problem in past City elections.
Councilm~n Partin pointed out that nails and staples can cause injuries to utility company
employees who climb the poles. He felt candidates should comply with the City's policy by
removing the utility pole signs and erecting signs on private property. Councilman Partin
suggested that, if the signs are not removed by the candidates, the City crews should remove
the signs and the candidates should be billed.
Mrs. Martha Justice, 9632 Salisbury Lane, Cypress, stated she posted her signs high enough so
that they could not be removed by other candidates. She stated she spoke to Mr. Donovan at
the utility company who stated his men would remove the signs, at no charge, if they were in
the way. Mrs. Justice stated the signs can be easily removed and they will be taken down
after the election.
Mr. Tom Justice, 9632 Salisbury, Cypress, stated he has seen Councilman Partin's election
signs posted on utility poles on Ball Road and on Moody Street.
CONSIDERATION OF PROPOSED 1982/83 CLASS REVISIONS: The City Manager presented
a report from the Recreation & Park Director dated October 14 which described proposed fee
revisions in the Tumbling, Dog Obedience, Jazzercise and Pre-School Holiday Workshop
classes.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was
moved by Mayor Mullen and seconded by Councilman Lacayo to accept the recommendations
of the Recreation & Community Services Commission and approve the proposed 1982-83 class
revisions as outlined in the staff report. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF NEW WINTER PROGRAMS: Mr. Essex presented a report from the
Recreation & Park Director dated October 14 which described proposed new winter programs
and fees.
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City Council Minutes
October 25, 1982
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was
moved by Mayor Mullen and seconded by Councilman Lacayo to accept the recommendations
of the Recreation & Community Services Commission and approve the proposed new winter
programs and fees as outlined in the staff report. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
WRITTEN & ORAL COMMUNICATIONS:
presented at this time.
No written or oral communications were
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 9:15 p.m. to discuss
matters of litigation. The meeting was called back to order at 9:23 p.m. with all
Councilmembers present.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 9:23 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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