HomeMy WebLinkAboutMinutes 83-05-23409
MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 23, 1983
The regular meeting of the Cypress City Coumcil was called to order at 6:30 p.m.,
on Monday, May 23, 1983, in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Otto Lacayo presiding.
PRESENT: Council Members Coronado, Kanel, Mullen, and Lacayo
ABSENT: Council Member Partin
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following staff members: Barrett, DeCarlo, Dunn, Eynon,
Lowenberg, Powell, and Schatzeder.
At this time the Council recessed to the Conference Room to conduct a joint
meeting with the Cypress Recreation and Community Services Commission.
Commissioners Present: Castro, Davis, Hallack, Hawkins, and Weinberg
The Commission and the Council discussed the possibility of establishing a fund
for the Commissioners to attend various workshops and conferences.
COUNCIL~AN PARTIN AND COMMISSIONER REDMON ARRIVED AT 6:40 P.M.
Councilman Kanel moved to approve funds of $700 for this Commission. The motion
was seconded by Councilman Partin and carried with Councilman Coronado dissenting.
Mayor Lacayo called for a short recess at 6:45 p.m. The meeting was called back
to order at 6:53 p.m.
The Council discussed the installation of an electrical outlet and water foun-
tain at the Oxford facility. It was suggested that staff research the possibility
of installing the water and electrical lines at the same time which might save
some costs for the installation o~ these improvements and report back to the
City Council.
The Council discussed with the Commission the current fee schedule as it relates
to actual costs. It was determined that this item would be on the next agenda.
Mr. DeCarlo informed the Council that an instructor's fee is 70% of the class
collections and when an instructor receives a large amount it is due to the
popularity of the class and the success of the instructor. It was determined
that the split between the City and instructors should not be changed at this
time.
The Council continued the regular meeting at 7:4B p.m.
PLEDGE OF ALLEGIANCE: Councilman Mullen led the Pledge of Allegiance to the flag.
ORAL COMMUNICATIONS: Ms. Christine Swain, 5362 Crescent Avenue, Cypress, addressed
the Council expressing concern over the loss of money for the school system. She
informed the Council that 25 teachers have been notified of termination and 150
classified employees will be notified of termination. She requested the Council,
the citizens of Cypress, and staff to write to the legislators and request appro-
priation for the education system. Ms. Swain informed Councilman Kanel that the
bill currently in the Senate is mainly for the 1984-85 school year.
Councilman Mullen stated that he felt the situation is appalling in the fact that
the very generation that benefitted so well from the free education system is
now the same people slighting that system. Councilman Mullen stated that in
years to come there will be no such thing as unskilled labor and the availability
of education will be the basis of our free enterprise,
~. Swain informed Councilman Coronado that the class size will not be increased
unless absolutely necessary.
The Council added this to the agenda as Item #27.
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City Council Minutes
May 23, 1983
Ms. Doris Peterson, 9471 Walker Street, Cypress, representing the Cypress
Chamber of Commerce, informed the Council that the Chamber will be holding
their fourth annual Salute to the Armed Forces this weekend. She stated
that there may be large aircrafts circling the area from 10:00 a.m. to 5:00 p.m.
PRESENTATION OF CERTIFICATES OF APPOINTMENT TO TRAFFIC COMMISSIONERS: Mayor
Lacayo presented Bobble Bloch and William Sanchez with their Certificates of
Appointment to the Traffic Commission.
MINUTES: It was moved by Councilman Mullen, seconded by Mayor Lacayo, and
unanimously carried to approve the Minutes of May 9, 1983.
STAFF REPORTS & DISCUSSIONS: The Council added the following items to the agenda:
Item #28, Cable Television Workshop; Item #29, Budget Workshop; Item #30, Holder
Street Opening; Item #31, City Manager's Employment Agreement; Item #32, Dos
Bandidos Skit Report; Item #33, Replacement for Recreation & Community Services
Commissioner; and Item #34, Executive Session on Personnel Matters.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CYPRESS CITY
CODE (FIRE RETARDANT MATERIALS FOR REROOFING): Mayor Lacayo opened the Public
Hearing on this item and requested an update from Mr. Essex. The City Manager
stated that the Council had requested that this item be modified to allow
additional time for residents to reroof a portion of their roof prior to the
enforcement of this Ordinance.
Mayor Lacayo requested anyone in the audience wishing to address thins item tO do
so. Hearing none, Councilman Mullen moved to close the Public Hearing and approve
the first reading of the Ordinance by title only, title as follows regarding
fire retardant roofing:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 5-2 OF THE CYPRESS CITY CODE, THEREBY
AMENDING BY REFERENCE THE UNIFORM BUILDING CODE, 1979
EDITION.
The motion was seconded by Councilman Kanel and unanimously carried by the following
roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MBMBERS:
Coronado, Kanel, Mullen, Partin, and Lacayo
None
None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 83-5(FOUR-UNIT APARTMENT COMPLEX~ 5662 BISHOP STREET): Mayor Lacayo opened
the Public Hearing on this item and requested staff to present its report. Ms,
Eynon stated that staff had reviewed the situation at this location and has arrived
at the recommendation that the windows be placed six feet from the floor level
and the landscaping provide for additional visual buffer.
Mr. Clint Siegler, 31910 9th Avenue, Laguna Beach, representing the owner, addressed
the Council requesting that the windows be allowed to be placed at 6'8" coming
down to 4'8".
Mr. David Farmer, 5681 Camp Street, Cypress, stated that his residence is adjacent
to this property and his living room is to the rear of his residence. He felt
that this second level would infringe on his privacy.
Ms. Eynon informed Mayor Lacayo that the trash enclosure would be to the south
of the property and enclosed in a block etructure.
Mr. Clint Siegler stated that the situation at 5681 Camp Street could be alleviated
by landscaping with tall shrubs.
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City Council M/nutes
May 23, 1983
Mr. Donald Cook, 5662 Bishop, Cypress, stated that he had not received any
further communication with those who had objected to this development and he
felt they were satisfied with this proposal.
Councilman Mullen moved to close the Public Hearing and adopt the Resolution
by title only, title as follows, approving Conditional Use Permit No. 83-5
with the conditions recommended by staff and additionally request that the
landscape plans be brought back to the City Council for approval.
RESOLUTION NO. 2649
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 83-5 - WITH CONDITIONS.
The motion was seconded by Councilman Kanel and unanimously carried by the following
roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin, and Lacayo
Nons
None
CONTINUATION OF CONSIDERATION OF PUBLIC REARING RE: APPLICATION FOR SPECIAL
PERMIT - PRECIOUS METAL EXCHANGE OF CALIFORNIA~ 5899 CERRITOS AVENUE~ CYPRESS
(SECONDHAND DEALERSHIP): Mayor Ladayo stated that this item had been requested
to be continued to the next regular meeting.
CONSIDERATION OF PUBLIC HEARING RE: PARCEL ~%P NO. 83-1121(5022 LINCOLN AVENUE
AND 9042 MOODY STREET): Mayer Lacayo opened the Public Hearing and requested
the staff report. Ms. Eynon stated that this request is to separate one parcel
into two separate parcels to allow the owner to sell off either of the parcels
and/or possibly obtain financing and develop the vacant parcel.
Ms. Eynon stated that easement is a requirement and would remain in the event
of a sale of either property.
The Mayor inquired if there were anyone in the audience wishing to address this
issue. No one wished to speak.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to close the
Public Hearing and adopt the Resolution by title only, title as follows approving
Parcel Map No. 83-1121 with the conditions imposed by staff:
RESOLUTION NO. 2650
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 83-1121 - WITH CONDITIONS.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MF.~{BERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Coronado, Kanel, Mutlen, Partin, and Lacayo
None
None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 83-1ITRI-PLEXAPARTMENT
BUILDING, 5271 BISHOP STREET): Mayor Laoayo opened the Public Hearing on this
matter and referred to staff for a report. Mr, Essex stated that this application
had been withdrawn.
The Council closed the Public Hearing end received and filed the application.
CONSIDERATION OF PUBLIC HEARING EEl CONDITIONAL USE PERMIT NO. 83-6(ONSITE SALE
OF BEER AND WINE~ HOWARD'S COFFEE SHOP! 4780 LINCOLN): Mayor Lacayo declared
the Public Hearing open and requested staff to present its report. Ms. Eynon
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City Council Minutes
May 23, 1983
stated that this application was the third request for a beer and wine license
in the Summer Place Shopping Center. She further stated that no written commu-
nications have been received opposing this application and staff was recommending
approval.
The Mayor inquired if there were anyone in the audience who wished to speak.
Hearing none, Councilman Mullen moved to close the Public Hearing and adopt the
Resolution by title only, title as follows approving Conditional Use Permit No.
83-6 with the conditions imposed by staff:
RESOLUTION NO. 2651
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 83-6 - WITH CONDITIONS.
The motion was seconded by Mayor Lacayo and unanimously carried by the following
roll call vote:
AYES: 5 COUNCIL M_EMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin, and Lacayo
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR BUS TRANSPORTATION FOR EXCURSION PROGRAM~
REQUEST FOR QUOTATION NO. 8283-68: Mr. Essex stated that four bids were received
and the low bidder was California Charter Buses and staff recommended awarding the
contract to the low bidder.
Acting as the ex-officio governing Board of Directors of the Cypress Recreation
and Park District, it was moved by Councilman Mullen and seconded by Councilman
Partin to accept the bid of California Charter Buses, 6400 Westminster Avenue,
Westminster, CA 92683, as the lowest responsible bid submitted and award them
the contract for Bus Transporation for the Excursion Program, Request for
Quotation No. 8283-68, for a period of one year. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin, and Lacayo
None
None
CONSIDERATION OF 'REJECTION OF BID FOR 5K/10K RUN T-SHIRTS~ REQUEST FOR QUOTATION
NO. 8283-69: The City Manager stated that one bid had been received and in the
interest of obtaining the best competitive bid staff recommends rejection of
this bid and requests authorization to readvertise for this purchase.
Acting as the ex-officio governing Board of Directors of the Cypress Recreation
and Park District, it was moved by Councilman Mullen and seconded by Councilman
Partin to reject the bid from Smith Custom Shirts pursuant to Section 21A-11d
of the City Code and authorize the Purchasing Officer to readvertise for bids
for the 5K/10K Run T-shirts. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin, and Lacayo
None
CONTINUATION OF CONSIDERATION OF CO~f0NICATION FROM STRAIGHT TALK CLINIC~ INC.~
REQUESTING AN APPROPRIATION OF $10~000: Mr. Essex stated that Mr. Robbins had
submitted a detailed report on the Straight Talk Clinic. Mayor Lacayo stated
that the Council would consider this request during budget sessions.
CONSIDERATION OF COM~fUNICATION FROM MR. ROBERT ROSENSTEIN REGARDING THE CONDITION
OF PROPERTY AT 11457 MADEIRA STREET~ CYPRESS: Mr. Robert Rosenstein, 11397 Madeira,
Cypress, informed the ~Council that the residence at this location had been in a
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City Council Minutes
May 23, 1983
state of disrepair for several years.
The City Manager stated that the owner on the tax roll is not the current owner
and steps are being taken to obtain the current information and proceed with
the abatement proceedings.
Mayor Lacayo moved to establish a Public Hearing date contingent upon the noti-
fication of the current property owner. The motion was seconded by Councilman
Coronado and unanimously carried.
Mr. Rosenstein requested that staff be instructed to report situations such
as this while performing their daily responsibilities.
CONSIDERATION OF APPEAL OF DESIGN REVIEW COMMITTEE FILE NO. 83-7, M & M UNION
SERVICE CENTER, 5001 BALL ROAD~ CYPRESS: Mr. Essex stated that this is an
appeal to a rejection of an application to allow the placement of a metal
storage container adjacent to the service station at this location.
Mr. Mack Hijleh, 5001 Ball Road, Cypress, stated that he installed this
container and did not know that it would require a permit from the City. Mr.
Hijleh stated that one tenant of this Center had complained about the storage
container; however, it has not affected the business in this Center. Mr. Hijleh
informed the Council that this is a temporary storage container and that the
station may be expanded in the future.
The Council discussed possible plans that would be acceptable to allow this
container to remain, specifically an enclosure and a foundation.
Mayor Lacayo moved to continue this item and instructed staff and the applicant
to work together to reach an agreement and return to Council with a modified
plan. The motion was seconded by Councilman Partin and unanimously carried.
CONSENT CALENDAR: Mayor Lacayo 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 #18 be removed from the Consent Calendar.
~,e City Attorney requested that Item #16 be removed from the Consent Calendar.
It was moved by Mayor Lacayo and seconded by Councilman Coronado to approve Items
No. 11 - 15, Item No. 17, and Items No. 19-21 on the Consent Calendar. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin, and Lacayo
None
None
Item No. 11: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consi-
deration by Title Only and to Waive Further Reading.
Item No. 12: Consideration of a Claim From the City of Westminster for Indemnity,
Contribution, Proration and Declaratory Relief Under Government Code 910.
Recommendation: That the City Council officially deny the claim of the City of
Westminster for Indemnity, Contribution, Proration and Declaratory Relief under
Government Code 910 in the case of Sam Abdulla Saaidi and refer it to the City
Attorney for appropriate disposition.
Item No. 13: Consideration of Proclaiming the 101 Days from Memorial Day Weekend
Through Labor Day Weekend, 1983, as "Make It Click - Buckle Up and Drive Defen-
sively'' Summer.
Recommendation: That the Mayor and City Council officially proclaim the 101 days
from Memorial Day weekend through Labor Day weekend, 1983, as "Make It Click -
Buckle Up and Drive Defensively" Summer.
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414
City Council Minutes
May 23, 1983
Item No. 14: Consideration of Proclaiming September 1983, as "Leukemia Month".
Recommendation: That the Mayor and City Council officially proclaim ~eptember 1983,
as "Leukemia Month" in the City of Cypress as requested.
Item No. 15: Consideration of Joint Powers Agreement With the City of La Palma.
Recommendation: That the City Council approve the Joint Powers Agreement with the
City of La Palma for street striping and authorize execution of the same subject
to the approval of the City Attorney.
Item No. 17: Consideration of Approval of Plans and Specifications for Cypress
Auxiliary Pump Station, BO1 PS2(N/s Ball Road at Delano).
Recommendation: That the City Council approve the Plans and Specifications for
the Cypress Auxiliary Pump Station, B01-PS2.
Item No. 19: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Fikri N. Atie, D.B.A. MP&G Tune-up(Arco Station), 4988 Ball
Road, Cypress.
Recommendation: That the City Council authorize staff to send a letter to the
Department of Alcoholic Beverage Control requesting a continuance of this matter
until the City's requirement for a conditional use permit has been met by the
applicant and considered by the City Council.
Item No. 20: Cons~erat%~n of Am~ndment~to~Agree~ent With the City of Garden Grove
for Nutritic~h Services.
Recommendation: That the City Council approve the Amendment to the Agreement dated
~M~t~9~-~en the CityOf Cypress and the City of Garden Grove to provide
~%iti0n services for the period of July l, 1983 to June 30, 1984, and authorize
the Mayor to sign and the City Clerk to attest the Amendment, subject to the appro-
val of the~City Atforney.
Recreation & Park District Matters:
Item No. 21: Consideration of Authorization to Attend the Third Annual Pacific
Revenue Sources Managemen~ School~n July 9 - 13, 1983, in San Diego.
Recommendation: That the City Council, acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, authorize the attendance
of the Director of Recreation and Park, Marvin DeCarlo, to the Third Annual
Pacific Revenue Sources Management School in San Diego on July 9 -13, 1983,
and be reimbursed for all actual and necessary expenses incurred.
In regard to Item No. 16 - Consideration of Agreement with Los Alamitos for
Construction of Coyote Creek Bike Trail and Agreement With Los Angeles County
Flood Control District for Recreational ~se of the Coyote Creek Channel Right-
of Way, City of Cypress Project No. 8219-90, the City Attorney expressed concern
over the legal ramifications of this agreement.
It was moved by Mayor Lacayo, seconded by Councilman Mullen, and unanimously
carried to approve the agreement with Los Alamitos for construction of the Coyote
Creek Bike Trail and the agreement with Los Angeles County Flood Control District
for recreational use of the Coyote Creek Channel right-of-way, City of Cypress
Project No. 8219-90, and instruct the City Engineer to attempt to have the wording
regarding liability modified as suggested by the City Attorney.
In regard to Item No. 18 - Consideration of Proposed Ordinance Amending Section 18-9
of the Cypress City Code Relating to Regulation of Political Activities of Employees,
the City Attorney informed the Council that this Ordinance is to reduce the control
over political activities of employees as the current code would not be enforceable.
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City Council Minutes
May 23, 1983
Councilman Mullen moved to approve the first reading of the Ordinance by title
Only, t~tle as follows amending Section 18-9 of the Cypress City Code relating
to political activities of employees:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTINg AS THE EX-OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT OF THE CITY,
A SUBSIDIARY DISTRICT OFTHE CITY, AMENDING ORDINANCE NO.
556 AND CHAPTER 18, SECTION 18-9, OF THE CYPRESS CITY
CODE RELATING TO THE ESTABLISHMENT OF A PERSONNEL SYSTEM.
The motion was seconded by Councilman Mullen and unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Fartin, and Lacayo
0 COUNCIL MEb~ERS: None
0 COUNCIL MEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 75900 -
76082: It was moved by Councilman Mullen and seconded by Mayor Lacayo to
approve the Warrant List for Warrants No. 75900 - 76082 in the total amount
of $145,332.19. The motion unanimously carried by the following roll call vote:
AYES: 5 2. COUNCIL M~MBERS
NOES: 0 COUNCIL MEMBERS
ABSENT: 0 COUNCIL MEMBERS
Gorgnad~,~ne!~ Mulls, Partin, and Lacayo
None
CONSIDERATION OF APPROVAL OF SECOND RE~DING O~i%N OPJ~INAN.~I~Q~...~
15-55 (C) OF THE CYPRESS CITY CODE RELATING TO THE DEFINITION OF THE Tf~, ~ ~
"SOLICITOR": It was moved by Co .un_clUbman Mullen and seconded by Mayor Lacayo
to order the following Ordinance read by title ~ontY,-~title~g~follows% argt.to~.
adopt the Ordinance:
ORDI~iiI~F~ NO. 7_08 ....
-AN ORDINANCE QF THE cIT~O~NCIL 0~ THE ~CITY OF CYPRESS
AMENDING SECTION i~-~'(~0~,T~E~.~OD.~'~F T~E%C~iTY OF
CYPRESS RELATING TO THE DEFINITION OF ~E
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin, and Lacayo
None
None
CONSIDERATION OF REQUEST BY THE CYPRESS SCHOOL BOARD: Mayor Lacayo suggested
that the Council draft a resolution to be sent requesting the State to move
as quickly as possible and incorporate Councilman Mullen's earlier comments.
Councilman Kanel requested that the minority party legislators be particularly
addressed with this correspondence.
CONSIDERATION OF SCHEDULING OF VARIOUS WORKSHOPS: The Council scheduled June
6, 1983 as a budget workshop session at 7:00 p.m.
CONTINUATION OF CONSIDERATION OF HOLDER STREET OPENING: It was determined that
all residents south of Cerritos and east of Valley View would be notified by
mail of this hearing and staff would report back to Council on the best way of
conducting the notification.
CONTINUATION OF CONSIDERATION OF THE CITY MANAGgR'S EMPLOYMENT AGREEMENT: Council-
man Mullen requested that this item b~ diecu~e~d during Exe%~'~ive S~ssion.
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City Council Minutes May 23, 1983
CONTINUATION OF CONSIDERATION OF DOS BANDIDOS SHOOT-OUT REPORT: Mr. Essex
stated that a follow-up investigation at the restaurant revealed that the
conditions of approval ~ra~ei~g~0i~0wed. .. . ~ i
Councilman Kanel C~q~Sted ~h~TthiS* $kit be~ monitored more closely, the City
Manager communicate with the citizen of the complaint, and the management
be informed of the City's concern over this situation. The Council concurred
on this point.
CONSIDERATION OF REPLACEMENT COMMISSIONER TO THE RECREATION AND COMMUNITY
SERVICES COMMISSION: Mayor Lacayo requested that the previous applicants
be considered for this appointment at the next Council meeting.
EXECUTIVE SESSION: Mayor Lacayo called for an F~xecutive Session on matters
of personnel at 10:15 p.m. The meeting was reconvened at 11:24 p.m. The
City Manager's employment agreement was continued to the next meeting.
ADJOURNb~NT: It was moved by Mayor Lacayo, seconded by Councilman Kanel, and
unanimously carried to adjourn the meeting at 11:26 p.m., to June 6, 1983, at
7:00 p.m., in the Administrative Conference Room located in t~he west wing of
the Cypress City Hall, 5275 Orange Avenue, Cypress, California.
ATTEST:
CIT~ ~'I~E]~i' (~F~HE-CiTY~'~ CYPRESS
~ MA~ ,~[E - C IT,,,I~OF CYPRESS
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