HomeMy WebLinkAboutMinutes 83-07-25MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 25, 1983
The regular meeting of the Cypress City Council was called to order at 6:30 p.m.,
on Monday, July 25, 1983, in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Otto Lacayo presiding.
PRESENT: Council Members Kanel, Mullen, Partin, and Lacayo
ABSENT: Council Member Coronado
Also present were Darrell Essex, City Manager, John Murphy, City Attorney,
and the following staff members: Barrett, Dalesandro, Eynon, Lowenberg, and
Schiada.
The Council convened to the conference room to conduct oral interviews of
applicants for the Recreation and Community Services Commission.
The Council reconvened to regular session at 7:18 p.m.
ORAL COMMUNICATIONS: Mr. Greg Diaz, representing Congressman Patterson, #34
Civic Center Plaza, Santa Ana, presented a Congressional Resolution saluting
the 27th anniversary of the City of Cypress and its Third Annual Community
Festival. Mayor Lacayo expressed the City's appreciation for the Resolution.
Mr. Robert Rosenstein, 11397 Madeira, Cypress, first informed the Council that
the nuisance abatement at 11457 Madeira had been 50% completed in accordance
with the City's request. He also addressed the Council expressing concern over
the literature mailed out regarding the opening of Holder Street and requested
that the negative side of this issue be explained to the residents.
PRESENTATION: Mayor Lacayo presented Miss Leslie Margetich with a Resolution
of Commendation for being named as "Teenager of the Year" by the Anaheim Union
High School District. Miss Margetich thanked the Council for the Resolution.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A SPECIAL
PE~IT TO CONDUCT DOOR-TO-DOOR SOLICITATION FOR SALES FROM A GIFT CATALOGUE
AS REQUESTED BY MR. RICHARD E. ADRIAN~ D.B.A. RICHARD'S GIFTS~ 4587 LEMON
CIRCLEr CYPRESS: Mayor Lacayo declared the Public Hearing open and stated
that the applicant has been unable to be contacted and therefore the appli-
cation would be received and filed. Councilman Mullen moved to close the
Public Hearing and receive and file the application. The motion was seconded
by Councilman Kanel and unanimously carried.
CONSIDERATION OF PUBLIC HEARING RE: EXTENSION OF CONDITIONAL USE PERMIT NO.
81-18, SCOTTY'S AMUSEMENT ARCADE~ 6387 BALL ROAD, CYPRESS: Mayor Lacayo opened
the Public Hearing and requested staff to present its report. Ms. Eynon summa-
rized the staff report dated July 14, 1983, which indicated that one of the
conditions at the time this permit was approved on July 27, 1981, stated that
the permit would expire in two years unless extended by the City Council. She
advised that there had been no problems recorded relating to this amusement
arcade and staff was recommending extending the permit for a five year period.
Mr. Winston Nim, 6381 Ball Road, the applicant, addressed the Council requesting
approval of the extension.
Councilman Mullen moved to close the Public Hearing and adopt the Resolution
by title only, title as follows, approving the five year extension of Conditional
Use Permit No. 81-18 which would expire on July 27, 1988.
RESOLUTION NO. 2675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN EXTENSION TO CONDITIONAL USE PERMIT NO. 81-18.
The motion was seconded by Councilman Kanel and unanimously carried by the
following roll call vote:
CITY COUNCIL MINUTES July 25, 1983
AYES: 4 COUNCIL M~MBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 1 COUi~CIL MEMBERS:
CONSIDERATION OF PUBLIC HEARING RE:
Kanel, Multen, Partin, and Lacayo
None
Coronado
PARCEL MAP NO. 83-1137, MCDONNELL PLAZA -
CYPRESS (N/W KATELLAAND VALLEY VIEW): Mayor Lacayo opened the Public Hearing
and requested the staff report. Chris Eynou ~presented staff report dated
July 15, 1983, which indicated that the request was to create two additional
parcels of land from an existing parcel for the purpose of constructing Plaza
Drive from McDonnell Drive to Valley View Street which will allow a fully
improved roadway link between the new five story office building and the
McAuto facilities across Valley View Street on Chip Avenue. She further stated
that this proposal was consistent with the McDonnell Specific Plan and staff
was recommending approval subject to the 11 conditions listed in the staff
report.
Mr. Merle Pautsch, MDC Realty, stated that he was present to answer any questions
that the Council may have on this proposal.
There being no further public testimony, Councilman Mullen moved to close the
Public Hearing and adopt the Resolution by title only, title as follows,
approving Parcel Map No. 83-1137 subject to the 11 conditions.
RESOLUTION NO. 2676
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 83-1137 - WITH CONDITIONS.
The motion was seconded by Councilman Kanel and unanimously carried by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 1 COUNCIL MEMBERS:
Kanel, Mullen, Partin, and Lacayo
None
Coronado
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 83-13~ OUTDOOR
MARKET~ LOS ALAMITOS RACE COURSE~ 4961 _KATELLA AVENUE~ CYPRESS: Mayor Lacayo
declared the Public Hearing open and requested the staff to present its report.
Ms. Eynon summarized the staff report dated July 20, 1983, which indicated that
this was an application to establish an outdoor market in the parking lot of
the Los Alamitos Race Track on weekends. She stated that the City of Los Ala-
mites has expressed concern regarding the impact of increased traffic, noise
and governmental services. She further stated that based on the analysis
presented by staff regarding the potential benefits and impacts of the pro-
posed use, staff was recommending approval of the permit subject to the 18
conditions listed in the report.
Councilman Mullen requested that Condition No. 8 be reviewed to make it more
stringent for sales tax purposes.
Mr. Stan Hirschberg, 4961 Katella Avenue, the applicant, stated that Condition
No. 8 could be changed to read "...more than two times per year" instead of
" .... more than two times per mo~th". He further stated that he would be happy
to answer any questions that the Council had in this matter.
Mr. Garland Stephens, Attorney for Los Alamitos Race Course, stated that the
Race Course was in favor of this application.
Mr. Walt Donovan, 2nd Vice President of the Cypress Chamber of Commerce,
addressed the Council stating that they had no objections to this application.
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CITY COUNCIL MINUTES July 25, 1983 455
Mr. Mitch Oshinsky, Associate Planner, City of Los Alamitos, stated that the
City of Los Alamitos does not feel that their concerns have been completely
mitigated.
Mr. Jim Kawamura, Consultant Traffic Engineer, City of Los Alamitos, requested
that the traffic problem be studied at length.
The Council discussed the specific problems relating to traffic and noise and
Mr. Kawamura requested that a study be conducted to provide quantitative
figures of the impact to be expected for this application.
The following Los Alamitos residents spoke in opposition to this application
citing traffic and noise pollution as the major problems: Naaman Kingess,
Sherry Kemp, Blanche Klaus, Kathy Linthow, and Gilbert DuMais.
Councilman Mullen stated that the need for another swap meet in Cypress is not
relevant to this issue.
Mr. Tom Houston, 5121 Laurel, Cypress, stated that the no'ise problem is his
major concern and he objected to the disturbance occurring on Sunday.
Ms. Vi Young, 5120 Laurel, Cypress, objected to the traffic increase on the
only day of relief, Sunday.
Mr. Patrick Kennedy, 5511 Cerritos, Cypress, indicated that he had a letter
to the Council signed by nine residents objecting to the outdoor market citing
the traffic and noise problems. They felt that the negative impacts outway
the income potential.
RECESS: Mayor Lacayo called for a recess at 9:20 p.m. The meeting was recon-
vened at 9:32 p.m. with all Council Members present with the exception of
Councilman Coronado.
Mr. Stan Hirschberg stated that he did not anticipate major problems arising
with the traffic and residential parking; however, should it occur, action
would be taken to see that these problems are resolved. He stated that they
were willing to pay for on and off site police officers for the outdoor market.
He stated that if a stacking problem should occur on Katella or Walker, buyers
would be admitted without charge to clear the streets. Mr. Hirschberg informed
the Council that the income would be close to the Costa Mesa swap meet. The
applicants stated that they could live with an approval on a trial basis of
three months.
Mayor Lacayo suggested that this item be continued for two weeks to allow staff
and applicant time to review concerns addressed and arrive at workable solutions.
Councilman Kanel requested staff to respond to the traffic issues raised.
Dan Schiada, Traffic Engineer for the City of Cypress, stated that he has reviewed
the traffic survey taken in 1972'when the attendance at the Los Alamitos Race
Track was approximately the same as it is now. He did not feel that the outdoor
market would create any major traffic problems and he informed the Council that
the accident rate for Katella in that area is about equal to the average in
the County of Orange.
The Chief of Police, Mr. Lowenberg, stated that cities contacted regarding their
swap meets did not feel they had any large impact on their Police Department and
that Costa Mesa does not provide any officers for traffic control at the Orange
County Fairgrounds.
Mr. Tom Houston, 5121 Laurel, Cypress, stated that the fact may be that the traf-
fic and noise can be handled; however, the residents of that area did not want
any additional traffic on Sunday.
Mayor Lacayo moved to continue the Public Hearing for two weeks and directed staff
to review the concerns discussed and to try to reach a recommendation based
on the following items: 1) Traffic flow numbers, 2) Traffic flow problems in
Cypress and Los Alamitos, 3) Shorter trial period, 4) Off track parking, and
5) Any other comments received from interested parties.
The motion was seconded by Councilman Mullen and unanimously carried.
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CITY COUNCIL MINUTES
July 25, 1983
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
will be enacted by one motion approving the recommendations on the agenda.
Councilman Partin moved to approve Items #6 through #21 on the Consent Calendar.
The motion was seconded by Councilman Mullen and unanimously carried by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 1 COUNCIL MEMBERS:
Kanel, Mullen, Partin, and Lacayo
None
Coronado
Item #6: Motion to Introduce and/or Adopt Ail Ordinances Presented for Conside-
ration by Title Only and to Waive Further Reading.
Item #7: Consideration of Designating the Voting Delegate and Alternate for
the Annual League Conference.
Recommendation: That the City Council authorize the Mayor to serve as the
voting delegate and the Mayor Pro-tem as the alternate for the General Business
Session at the annual League Conference.
Item #8: Consideration of Proclaiming October 3 - 9, 1983, as "Productivity
Improvement Week".
Recommendation: That the Mayor and City Council officially proclaim October
3 - 9, 1983, as "Productivity Improvement Week" in the City of Cypress as
requested.
Item #9: Consideration of Approval of Plans and Specifications and Authorization
to Advertise for Bids for the Construction of the Ball Road Storm Drain from
Delano Drive to 233' East of Bloomfield Street, City of Cypress Project No.
8417-20.
Recommendation: That the City Council approve the Plans and Specifications
for the construction of the Ball Road Storm Drain from Delano Drive to 233'
east of Bloomfield Street, Project No. 8417-20, and authorize the City Clerk
to advertise for bids, with bid opening date to be 2:00 p.m., August 30, 1983,
in the Office of the City Clerk. ~
Item #10: Consideration of Replacement of Weedeater.
Recommendation: That the City Council appropriate $350.00 from the General Fund
to Account No. 4494-90-650-35 to cover the cost of replacement of the weedeater.
Item #11: Consideration of Renewal of Agreement With the Family Health Program
for Medical Services for City and District Employees.
Recommendation: That the City Council and acting as the ex-officio governing
Board of Directors of the Cypress Recreation and Park District authorize
continuation of the agreement with the Family Health Program at the new rates
as outlined in the report.
Item #12: Consideration of Resolution Determining that Park and Recreation Fees
May Be Used as Appropriated in the 1982-83 Budget (Prior Year Projects).
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, determining that Park and Recreation fees may be used as appropriated
in the 1982-83 budget.
RESOLUTION NO. 2677
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DETERMINING THAT PARK AND RECREATION FEES MAY BE USED
AS APPROPRIATED IN THE 1982-83 BUDGET.
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CITY COUNCIL MINUTES
July 25, 1983
Item #13: Consideration of a Resolution Determining that Park and Recreation
Fees May Be Used as Appropriated in the 1982-83 Budget.
Recommendation: That the City Council adopt the Resoletion by title only,
title as follows, determining that Park and Recreation fees may be used as
appropriated in the 1982-83 budget.
RESOLUTION NO. 2678
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DETERMINING THAT PARK AND RECREATION FEES MAY BE USED
AS APPROPRIATED IN THE 1982-83 BUDGET.
Item #14: Consideration of Appropriation of 1982-83 Encumbrances - City.
Recommendation: That the City Council authorize appropriations per the work-
sheet attached to the report totaling $832,172.73 to the funds listed below:
General Fund 11
2106 Gas Tax Fund 22
Central Services Fund 90
Revenue Sharing Fund 30
$325,052.31
456,324.04
50,442.16
354.22
Item #15: Consideration of an Application for a Private Patrol Permit - American
Protective Services.
Recommendation: That the City Council authorize the issuance of a permit for
Private Patrol Services in the City of Cypress to American Protective Services,
9556 Flower Street, #4, Bellflower, CA, subject to the provisions of the City
Code relative to the operation of private patrol services.
Item #16: Consideration of an Application for a Private Patrol Permit - M.E.M.
Security.
Recommendation: That the City Council deny the issuance of a Private Patrol
Permit to Michael Eugene Maul, D.B.A.M.E.M. Security, 9090 Moody Street, Cypress.
Item #17: Consideration of Attendance of the City Manager to the International
City Management Association (ICMA) 69th Annual Conference.
Recommendation: That the City Council authorize the attendance of the City
Manager to the 69th Annual Conference of the International City Management
Association to be held on October 9 - 13, 1983, in Kansas City, Missouri, and
be reimbursed for all actual and necessary expenses incurred.
Item #18: Consideration of Employment List for the Position of Recording Secretary.
Recommendation: That ~he City Council certify the employment list for
the position of Recording Secretary.
Item #19: Consideration of Contract Renewal for Looseleaf Supplements With the
Municipal Code Corporation.
Recommendation: That the City Council approve the renewal of the contract with
Municipal Code Corporation for looseleaf supplements for the period of one year,
ending July 31, 1984 under the same terms and conditions of the current contract.
Recreation & Park District Matters:
Item #20: Consideration of Claim Filed by Bruce Palumbo, Attorney, On Behalf
of Jamie Martone.
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CITY COUNCIL MINUTES
July 25, 1983
Recommendation: That the City Council, acting as the ex-officio governing
Board of Directors of the Cypress Recreation and Park District, officially
reject the subject claim and refer it to the City/District's Insurance
Adjusters, Carl Warren & Co., for appropriate disposition.
Item #21: Consideration of Appropriation of 1982-83 Encumbrances - Park
District.
Recommendation: That the City Council, acting as the ex-officio governing
Board of Directors of the Cypress Recreation and Park District, authorize
appropriations per the worksheet attached to the report for encumbrances
totaling $177,366.26 to the General Fund and $4,669.42 to the Central
Services Fund.
RECESS: Mayor Lacayo called for a recess at 10:35 p.m. The meeting reconvened
in regular session at 10:43 p.m.
CONSIDERATION OF CONSTRUCTION CHANGE ORDERS FOR POLICE BUILDING ADDITION AND
REMODELING, CITY OF CYPRESS PROJECT NO. 8036-90: The Council realized that
the expenditure for this item had already been made; however, they requested
that in the future changes of such a large amount be brought before the
Council for approval. Hearing no objections, this matter was received and
filed by the Mayor.
CONSIDERATION OF RESOLUTION REGULATING THE POSTING OF POLITICAL SIGNS: After
discussion, the Council agreed to change the wording in Section 1 of the
Resolution to read '~t is the policy" .... Mayor Lacayo moved to continue
this Resolution and requested staff to add Section #4 prohibiting posting
of political signs on poles and in the public rights of way. The motion was
seconded by Councilman Mullen and unanimously carried.
CONSIDERATION OF AN ORDINANCE REPEALING ORDINANCE NO. 618 RELATING TO CAMPAIGN
CONTRIBUTION LIMITATIONS: Councilman Partin moved to approve the first reading
of the Ordinance by title only, title as follows.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING ARTICLE X OF CHAPTER 2 OF THE CYPRESS CITY CODE
RELATING TO CAMPAIGN REFORM.
The motion was seconded by Mayor Lacayo and unanimously carried by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 1 COUNCIL MEMBERS:
Kanel, Mullen, Partin, and Lacayo
None
Coronado
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 300 - 496:
It was moved by Councilman Mullen, seconded by Mayor Lacayo to approve the
Commercial Warrant List for Warrants No. 300 - 496 in the total amount of
$396,019.77. The motion unanimously carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
CONSIDERATION OF
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kanel, Mullen, Partin, and Lacayo
None
Coronado
ALLOCATION OF FUNDS FOR OXFORD FACILITY SIG~S: Councilman
Mullen moved that the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, appropriate $300 from
the General Fund for posting of signs at the Oxford facility as recommended
by the Recreation and Community Services Commission in the staff report dated
3uly 18, 1983. The motion was seconded by Councilman Kanel and unanimously
carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS:
NOES: 0 COUNCIL M~R~BERS:
ABSENT: 1 COUNCIL MEb~ERS:
Kanel, Mullen, Partin, and Lacayo
None
Coronado
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CITY COUNCIL MINUTES
July 25, 1983
459
MINUTES: It was moved by Councilman Mullen and seconded by Councilman Kanel
to approve the Minutes of July 6, 1983. The motion was unanimously carried.
It was moved by Mayor Lacayo and seconded by Councilman Mullen to approve
the Minutes of July 11, 1983. The motion was unanimously carried.
Mayor Lacayo requested that consideration of legislation regarding expanded
racing times and dates be placed on the next agenda.
Mayor Lacayo also submitted a' letter with an enclosed picture concerning
a large moving van parked in a residential area and requested staff to address
this issue at the next Council meeting.
In response to complaints received from citizens regarding tree removal, Mayor
Lacayo requested that a review of the tree removal policy be placed on the
next agenda for discussion.
CONSIDERATION OF APPOINTMENT OF RECREATION AND COMMUNITY SERVICES COMMISSIONER:
Councilman Mullen moved to appoint Mr. Russell Stange to the Recreation and
Community Services Commission. The motion was seconded by Councilman Kanel and
unanimously carried.
EXECUTIVE SESSION: The Mayor called an Executive Session for matters of
personnel at 11:25 p.m. The Council reconvened in regular session at 11:54 p.m.
ADJOURNMENT: It was moved by Councilman Mullen, seconded by Councilman Partin
and unanimously carried to adjourn the meeting at 11:55 p.m. to August 8, 1983.
ATTEST:
CITY CLERK OF ~THE CITY,F--CYPRESS
'--fmfcr~.z~ cir~"o~ c~ss
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