Minutes 84-02-27MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY OgUNCIL
February 27, 1984
The regular meeting of the Cypress City Council was called to order at 7:40 p.m.
on Mor~ay, February 27, 1984, in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Richard Partin presiding.
PRESENT: Council Menbers CoroDa_do, Kanel, Lacayo and Mayor Partin
ABSENT: Council Member Mullen
Also present were Darrell Essex, City Manager; John Murphy, City Attorney, and
the following staff m~nbers: Barrett, Dalesandro, Decarlo, Dunn, Eynon, Hurst
and Lowenberg.
PLEDGE OF ATLF~GIANCE: Councilman Kanel led the Pledge to the flag.
ORAL COMMUNICATIONS: Mayor Partin asked if anyone wished to speak in regard to
any matter not on the agenda.
Mr. Essex requested an Executive Session at the end of the meeting for matters
of personnel.
PRESENTATION OF RESOLUTION OF CflMME/~IATIGN TO MS. KALETA BROWN OF CYPRESS COT.T.~.GE.
~yor Partin presented a resolution-6f commendation to Ms. Brim in honor of
her services as a member of the faculty at Cypress College and her leadership
in organizing the 1984 Americana Awards by the College. The entire Council
thanked her for acting as an ambassador not only for the school, but for the
entire c~.~nity.
PRESENTATION OF RESOLUTION OF COmmeNDATION TO MR. EI~ARD SPt/RGEON. Mayor partin
presented a re~-~ution to Mr. Spurgeon cor~mer~ing him for his outstanding contri-
butions and service to the citizens of the City of Cypress. The other members
of the Council joined in expressing their appreciation to Mr. Spurgeon on behalf
of the City.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING REGARDING PUBLIC NUISANCE
~DNDITIONS LOCATED AT 5450-5470 ORANGE AVENUE - CFFICE CO~UMS. Councilman
Lacayo stated that since the staff had suggested in i~s report dated February 21,
1984, that these proceedings be canceled, he would move to close the public
hearing and termir~te the public nuisance proceedings for 5450-5470 Orange Avenue
and direct staff %o work with the Citrus State Bank to resolve the public nuisance.
The motion was seconded by Councilman Coronado and unanimously carried.
CONSIDERATION OF PUBLIC HEARING RE: T~V~ATIVE TRACT MAP NO. 12142 (15-UNIT
CGNDOMINIUM, 8851 WALKER S'±'~ET) . Chris Eynon presented the staff report dated
February 16, 1984.
Mayor Partin asked whether anyone was present in regard to this it~n. No one
indicated a desire to be heard.
Councilman Kanel moved to close the public hearing ar~ adopt the resolution
by title only, title as follows, approving the Tentative Tract Map No. 12142, with
applicable conditions of approval of Conditional Use Permit No. 84-2 included in
the conditions of this map.
RESOLUTION NO. 2748
A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE TRACT MAP NO. 12142 - WITH C~NDITIONS
City Council Minutes February 27, 1984
The motion was seconded by Councilman Lacayo and unanimously adopted by the
following roll call vote:
NOES:
ABSENT:
4 OOUNCIL 5~-~ERS:
0 COUNCIL ~I~BERS:
1 COUNCIL MFJ~3ERS:
Coronado, Kanel, Lacayo and Partin
None
Mullen
CCNSIDERATION OF PUBLIC HEARING RE: TENTATIVE TRACT MAP NO. 12149 (ii-LOT
RESIDENTIAL CONDOMINIUM SUBDivisION, 9042 MOODY STreET). Ms. Eynon s~narized
the staff report dated February 16, 1984.
Mayor Partin inquired whether anyone present in the audience wished to be heard
regarding this item. No one wished to speak.
In response to an inquiry by Mayor Partin, Mr. Jack Schwartz, applicant, indicated
that he was satisfied with the staff's recorm~ndations regarding this project.
Councilman Lacayo moved to close the public hearing and adopt the following reso-
lution by title only, title as follows, approving Tentative Tract Map No. 12149,
subject to the conditions indicated in the staff report.
RESOI33TION NO. 2749
A RESOLIYI~ON OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATII/E TRACT MAP NO. 12149 - WITH CONDITIONS
The notion was seconded by Councilman Kanel and carried by the following roll
call vote:
AYES: 3 COUNCIL MES~3ERS: Kanel, Lacayo and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mullen
ABSTAIN: 1 OOUNCIL MEMBERS: Coronado
ODNSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 84-4, (MINI-
MAF~h'i' WITH OFF-SALE BEER AND WINE AND TWO GASOLINE PL~4P ISLANDS, 5012 LINCOLN
AVENUE. Chris Eynon presented the staff report dated February 17, 1984, and
indicated that the staff had received one letter in opposition to the 24-hour
request frc~ Mr. Nick Awad, 4982 Lincoln Avenue, and one phone call frc~ an
unidentified woman in Arizona in support of the application.
Mayor Partin requested the applicant to speak regarding this matter.
Mr. E. L. Keil, representing Atlantic Richfield Company, p. O. Box 4195
Canyon Lake, California, stated that the company was in agreement with the
staff report but questioned at whose expense the improv~nents mentioned in Ite~
#7 would be made. Mayor Partin responded that the co~any would be responsible
for these items. Mr. Keil indicated that this would be acceptable.
The members of the Council expressed their concerns regarding the matter of the
proposed AM-PM Mini Market being open 24 hours, ar~ Councilman Lacayo requested
the Chief of Police to con~nt regarding the potential criminal problems which
might result.
Chief Lowenberg responded that this ~ould be an added concern as far as policing
activities are concerned.
Mr. Keil emphasized that a very extensive security syst~n would be installed in
the mini-market and a $25,000 reward is offered by Atlantic Richfield for infor-
mation leading to the arrest of any person involved in a robbery at any of their
locations. He stated that maintaining the operation open to the public 24-hours
a day is designed to be a convenience and is considered essential to the success
of this concept.
Councilman Coronado stated that the concern of the Council is not only for the
avoidance of crin~s, but primarily for the welfare of custcmers in the store,
especially at late hours.
Counci/man Kanel expressed additional reservation due to the fact that several
other stores of this type have been forced out of business in this area in the
recent past due to econc~mic conditions ar~ the proxirgity of similar competitive
operations.
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t~CoUncil Minutes February 27, 1984
Mayor Pa/tin then asked if there was anyone in the audience who wished to
speak in favor of this application.
Mr. Jack Schwartz, 5841 Warner Avenue, Huntington Beach, owner of the properties
on either side of this station, stated that he feels this would be a convenience
to those persons who must shop at late hours or who are on their way to work very
early in the morning and that it would greatly improve the present condition of
the station at this location. In reply to an inquiry by Mayor Partin, he replied
that he did not feel a great deal of additional traffic would be generated during
the nighttime hours of operation.
Mr. Sahal Tabas, 5012 Lincoln Avenue, son of the present franchisee, spoke in
favor of approval of this application, stating that his father would continue
to operate this station after the proposed remodeling and that no criminal problems
have arisen during the operation of the current station although it is open until
10 p.m. He further indicated that he did not believe this mini-market would
create enough competition to be a detriment to other businesses in the area.
Mayor Partin then requested testimony from those present in opposition to this
application.
Mr. Nick Awad, 4982 Lincoln Avenue, su~ttsd copies of a letter to the Council
stating that there are more than 13 beer and liquor sales establishments within
1.5 miles on Lincoln Avenue between Denni ar~ Valley View and adding another
store will be a detriment to the businessnen ar~ to the conmunity. Mr. Awad also
presented a letter from Mrs. Emily Evans, owner ar~ director of the Cypress
Children's Center, 99 Moody Complex, requesting that sale of liquor not be
allowed at the proposed market after 11:00 p.m.
Mr. Mike Whalen, on behalf of Mr. and Mrs. Wong, owners of Joe's Liquors;
Ms. Diane Seville, 4962 Lincoln Avenue; Mr. Paul ~ook. 17552 Medford, Tustin,
former owner of the Liquor Shanty on Lincoln Avenue; Ms. Betty Dupruit, 8853
Lasalle; Mr. Bill Awad, 4982 Lincoln Avenue; and Mr. Lawrence Carr, 9170 Esther
Street, all spoke in opposition to this application because of the potential
problems of increased crime, traffic congestion ar~ endangerment to the residents
of the neighborhood by increasing liquor sales in the area.
After considerable discussion by the Council, Councilman Lacayo moved to close
the public hearing ar~ adopt the resolution by title only, title as follows,
denying the application for Conditional Use Permit No. 84-4.
RESOLUTION NO. 2750
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
Dt~YING CONDITIONAL USE PERMIT NO. 84-4
The motionwas seconded byCcuncilmanCoronado and carriedby the following
roll call vote:
AYES:
NOES:
ABSENT:
4 ODUNCIL MEMBERS:
0 COUNCIL ~ERS:
1 COUNCIL ~ERS:
Coronado, Kanel, Lacayo and Partin
None
Mullen
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 84-5 AND PARf~L
MAP NO. 84-1109 (TARGET STORE, NORTHWEST CO~X~ER OF KAT~.LTA AVENUE AND KNOTT ST~T.
Mayor Partin stated that it was indicated in the staff report dated February 22,
1984, that the applicant has requested that this matter be continued to the Council
meeting of March 12, 1984, and he so ordered.
RECESS: Mayor Partin ordered a recess at 8:45 p.m. The meeting reconvened at
-~ p.m. with all Council Members present.
Mr. Milton Yates requested that Item ~22 be taken out of order.
Mayor Pertin announced that Item #22 would be heard at this time.
CONTINUATION OF CONSIDERATION OF CYPRESS HI~ S(IqOOL LI~{TS. Mr. Decarlo sunm~rized
the staff report dated February 16, 1984.
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City Council Minutes
Februazl/ 27, 1984
Mr. Milton Yates, 6179 Ball ~oad, representing the Monterey Homeowners'
Association, stated that the Association requests an extension of the buffer
zone wall by planting cypress tress along the inner wall of their property
and is asking the City to help defray the cost of these trees ar~ the upkeep.
After extensive discussion by the Council, Councilman Lacayo moved that the
City Council, acting as the ex-officio governing Board of Directors for the
Cypress Recreation andPark District, approve conditions of the contracts
between the Cypress Recreation ar~ Park District and 1) the Anaheim High
School District, and 2) the Cypress AYSO #154, as indicated in the staff report;
and continue consideration of the shielding for the Cypress Monterey homos
until the moeting of March 12, 1984, to allow the staff to further study and
prepare a report on this matter. The motion was seconded by Councilman Kanel
and unaninDusly carried.
CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR CO~UTER ME,DRY UPGRADE,
REQUEST FOR QUOTATION NO. 8384-35. Mr. Essex reviewed the staff report dated
February 17, 1984.
Councilman Lacayo moved that the City Council, pursuant to City Code Section
21A-11d, reject the bids received on Request for Quotation No. 8384-35 and
authorize the Purchasing Officer to re-advertise for bids on computer memory
upgrade. The motion was seconded by Mayor Partin ar~ unanimously carried.
CONSIDERATION OF AWARD CF CONSTRUCTION SURVEY CONTRACT FOR ~HE COOl, UNITY
EEVELOPS~T PROJECT, EIGH'IH AND NINTH YEAR PROGRkM; ST. ANN AVENUE FROM
160'EAST OF CYPRESS AVENUE TO WALKER STREET AND EAST SIE~ OF WALKER STreET
FROM ST. ANN AVENUE TO 116' SOUTH OF VONNIE LANE AND PORTIONS OF VONNIE LANE.
AND CYP~SS AVENUE, INCLUDING THE AT,T.]~Y F~DM DANNY AVENUE TO 150' NORi*H OF
ST. ANN AVENUE, CITY OF CYPRESS PROJECT NO. 8319-10. Mr. Essex presented the
staff report dated February 15, 1984.
Councilman Lacayo moved that the City Council determine that Rc]M Land Surveying
is the lowest responsible bidder and award the contract for the construction
survey of the Con, unity Development Project, Eighth and Ninth Year Program,
Project No. 8319-10 to N~M Land Surveying, 447 East 17th Street, Costa Mesa,
CA 92627, per their proposal in the ~ount of $2,990,000, subject to approval
by HUD. The motion was seconded by Councilman Coronado and unanimously carried.
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF ~HE CC$4~K~qITY
DEVELOPmeNT PROJECT, EI(~TH AND NINTH YEAR PROGRAM, ST. A~q AVENUE FNC~4
160' EAST OF CfFF~SS AVENUE TO WALKER S'rF~T AND EAST SIEE CF WALKER STREET
FROM ST. ANN AVENUE TO 116' SOUTH OF VONNIE LANE AND PORTIONS OF VONNIE LANE.
AND CYPRESS AVENUE, INCLUDING THE ALLEY FN~M DANNY AVENUE TO 150' NORTH OF
ST. ANN AVENUE, CITY OF CYPRESS PN~JECT NO. 8319-10. Mr. Essex reviewed the
staff report dated February 15, 1984.
Councilman Lacayomoved that the City Council determine that the lowest
responsible bidder for H/CD Project #8319-10, is Parrot and Wright Construction
Co., Inc., an~ award a contract for the construction of Co~lnunity Development
Project, Eighth and Ninth Year Program, St. Ann Avenue from 160' East of Cypress
Avenue to Walker Street and East Side of Walker Street frcm St. Ann Avenue to
116' South of Vonnie Lane and Cypress Avenue, also the Alley from Danny Avenue
to 150' North of St. Ann Avenue, City of Cypress Project No. 8319-10, to Parrot
and Wright Construction Co., Inc., P.O. Box 280, Coronat CA 91720, in the a~ou3lt
of $219,211.39, subject to approval by HUD. The mti0nwas seconded by Councilman
Coronado ar~ unanimously carried.
CONSIDERATION OF AWARDOF CONTRACT FOR TI~ TOPPING WORK, REQUEST FOR QUOTATION
NO. 8384-38. Mr. Essex presented the staff report dated February 21, 1984.
After discussion by the members of the Council, Councilman Lacayo moved that
the City Council accept the bid from Travers Tree Service as the lowest
responsible bidder and award the contract for tree service to this company in
the ~nount of $6,947.35. The motion was seconded by CouncilmanCoronado and
unanimously carried.
4
O94
City Council M/nut, s
February 27, 1984
CCNSENTCAIENDAR: Mayor Partin announced that all items listed on the agenda
under "Consent Calendar" were to be considered by the Council as routine ar~
will be enacted by one motion approving the recommendations on the agenda.
Councilman Lacayo moved to approve Items #12 - 18 on the Consent Calendar. The
motion was seconded by Councilman Coronado and unanimously carried by the following
roll call vote:
AYES:
NCES:
ABSENT:
4 COUNCIL ~ERS:
0 COUNCIL ME~ERS:
1 COUNCIL MF~ERS:
Coronado, Kanel, Lacayo and Partin
None
Mullen
Item ~12: Motion to Approve City Council Minutes of the Regular Meeting of
February 14, 1984.
Recum~ndation: That the City Council approve the Minutes of February 14, 1984,
with Councilman Coronado abstaining due to his absence at the meeting.
Item #13: Motion to Introduce and/or Adopt Ail Ordinances Presented for
Consideration by Title Only and to Waive Further Re~ding.
Item #14: Consideration of Adoption of Resolution of Cc~mendation for Eagle
Scout Christopher L. Peterson.
Reco~endation: That the City Council adopt the Resolution by title only,
title as follows, conmending Eagle Scout Christopher L. Peterson.
RESOLUTION NO. 2751
A RESOLUTION OF THE CITY COUNCIL OF ~6E CITY OF
CYPRESS ~DING BOY SCOUT f~RISTOPHER L. PETERSON
ON A(/qIEVING THE RANK (iF ~R SCOUT
Item #15: Consideration of an Amendment to the Cypress Boys' Club Ground
Lease for the Property at 10161 Moody Street.
Recc~mendation: That the City Council approve the Secor~ Amendment to the
Cypress Boys' Club Ground Lease for the property located at 10161 Moody
Street, and authorize the Mayor to execute the Amendment and the City Clerk
to attest.
Ite~n #16: Consideration of Weed ar~ Rubbish Abatement Progr~ Resolution
Authorizing Posting of Properties and Declaring the City's Intention to Abate.
Recc~mendation: That the City Council adopt the Resolution by title only, title
as follows, declaring that the listed properties constitute a public nuisance;
declaring the City's intention to abate; directing the Street Superintendent to
post notices; ar~ setting the t/me and place for the public hearing of objections
to the proposed abatement.
RESOLUTION NO. 2752
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
CYPRESS E~CLAR/NG THAT WEEDS G~OWING UPON OR IN F~ONT
OF, AND R~BBISH, ~FUSE AND DIR~ UPON OR IN FRONT OF
CERTAIN PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A
PUBLIC NUISANfZ, DECLARING ITS INTENTION TO PROVIDE FOR
5HE ABATEMENT THEREOF, AND S~i'i'iNG A PLBLIC HEARING THEREON.
Item #17: Consideration of Adoption of a Resolution Approving Re-Application
for 1984-85 Land at, Water Conservation Fund Program Project Entitled "Arnold/
Cypress Field Lighting."
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City Council M/nutes
February 27, 1984
Recommendation; q~nat the City Council, acting as the ex-officio governing Board
of Directors for the Cypress Recreation and Park District, adopt the Resolution
by title only, title as follows, and authorize the Director of the Cypress Recreation
and Park District to sulanit an application for Federal Land and Water Conservation
Funds for Arnold/Cypress Phase III electrical project.
RESOLI/CION NO. 137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY O~ CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF ~HE CYPRESS RECREATION
AND PARK DISTRIC~C, A SUBSIDIARY DISTRICT FOR THE CITY OF
CYPRESS, APPROVING THE APPLICATION FOR LAND AND WATER
CONSERVATION FUNDS FOR THE PROGRAM ENTITLED "A~NOLD/CYPRESS
PHASE III ELECTRICAL P~flPEC~."
Item ~18: Consideration of Attendance by ~ssion Member at Annual Recreation
and Park Conference in San Diego.
Recu~ndation: That the City Council, acting as ex-officio governing Board
of Directors for the Cypress Recreation ar~ park District, approve attendance
by O~Nnissioner Hallak at the Recreation and Park Conference; authorize reimburse-
ment of all actual and necessary expenses incurred; ar~ appropriate from the
General Fund an ~nount of $700 to Account No. 4206-12-328-10.
CONSIDERATION OF APPRDPRIATION OF FUNDS FOR THE INSTALTATION OF TRAFFIC SIGNAL
EQUIPS~NT AT CRESCENT AVENUE/WALKER S'l'F~i~ AND OP~/qGE AVENLVE/VLALLEY VIEW STREET,
CITY OF CYPRESS PNO3-ECT NO. 8401-50. Mr. Essex requested that this matter be
withdrawn from the agenda, and it was so ordered by Mayor Partin.
O~NSIDERATION OF MODIFICATIONS TO THE SELF-FUNDED ~DICAL PNDGRAM. Mr. Barrett
presented the staff report dated F~bruary 22, 1984.
Councilman Lacayo moved that the City Council authorize the change of Plan
administrators and renewal of the aggregate insurance policy at the adjusted
rate as outlined in the staff report. The motion was seoonded by Councilman
Coronado and unaninuusly carried.
CONSIDERATION OF APPROVAL OF OD~ERCIAL WARRANT LIST imOR WARIRANTS NO. 3122 - 3349.
It was moved by Councilman Coronado and secor~ed by Councilman Kanel to approve
the Warrant List for Warrants Nos. 3122 through 3349, in the total ~nount of
$424,225.73. The motion unanin~usly carried by the following roll call vote:
NCES:
ABSENT:
4 COUNCIL ~i~BERS:
0 COUNCIL ME~ERS:
1 COUNCIL ME~ERS:
Coronado, Kanel, Lacayo and Partin
None
Mullen
CONSIDERATION OF ALb0CATION OF FUNES .FOR ~IE ARNOLD/,CYPRESS PARK SOFTBALL
FIELD DUGOUT RENOVATION. Mr. Decarlo presented the staff report dated
February 16, 1984.
Councilman Lacayo moved that the City Council, acting as the ex-officio governing
Board of Directors for the Cypres~ Racreation and park District, authorize an
allocation not to exceed $3,028 from the Ger~rai ~ of the District for the
Arnold/Cypress park Softball Field Dugout Renovation. Also, that 75 percent
of the expended funds will be replaced by the Roberti Z 'Berg Urban Open Space
end Recreation Progran Grant. The motion was seconded by Mayor Partin and
unanimously carried.
CONSIDERATION OF YOUTH TEAM (}LAMPIONSHIP RECOGNITION SIGNS. Mr. Decarlo reviewed
the staff report dated February 16, 1984.
Councilman Coronado moved that the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the request
by the local girls' softball teams, establish policy and conditions of signing as
recommended by the Recreation and Community Services Commission; and, additionally,
request the staff to study the possibility of a similar type of sign being placed
at other locations throughout the City honoring Cypress' championship athletic
teams in all sports. The motion was seconded by Mayor Partin and unanimously
carried.
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096
City Council Minutes
February 27, 1984
EXECUTIVE SESSION: The Mayor called an Executive Session at 9:45 p.m. for
matters of personnel. The meeting was reconvened at 10: 00 p.m.
ADJOUBSI~A/~T: Mayor Partin adjourned the meeting at 10:02 p.m.
MAYOR OF THE CITY OF CYPRESS
ATI'EST:
CITY ~LERK ~OF~THE ~ OF ~SS
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