Minutes 84-07-09
166
MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 9, 1984
The regular meeting of the Cypress City Council was called to order at 7:40 p.m., on Monday,
July 9, 1984, in the Council Chambers of City hall, 5275 Orange Avenue, Cypress, California,
Mayor Richard Partin presiding.
PRESENT:
ABSENT:
Council Members Coronado, Lacayo, and Mayor Partin
Council Members Kanel and Mullen
Also present were Darrell Essex, City Manager; John Murphy, City Attorney, and the
following staff members: Barrett, Beardsley, Eynon, and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilman Coronado led the Pledge to the flag.
ORAL COMMUNICATIONS: Mayor Partin asked if anyone wished to speak in regard to any
matter which is not on the agenda. No one wished to speak.
STAFF REPORTS AND DISCUSSION: Mr. Essex requested three items to be added to the
agenda: Alcoholic Beverage License for the Moonshiner Restaurant and Saloon, 4143 Ball
Road, which was added to the Consent Calendar as Item 25-A; approval of a resolution
regarding the 1st anniversary of the Buena Park Senior Citizen Center; and an Executive
Session for personnel and litigation, which was added as Item 29-A.
Mayor Partin stated that a proclamation would be presented rather than a resolution
regarding the 1st anniversary of the Buena Park Senior Citizen Center.
CONTINUATION OF CONSIDERATION OF RESOLUTION OVERRULING THE AIRPORT
LAND USE COMMISSION'S DETERMINATION REGARDING THE CONSISTENCY OF THE
GENERAL PLAN, SPECIFIC PLAN AND IMPLEMENTING REGULATIONS FOR THE CITY
OF CYPRESS WITH THE AIRPORT ENVIRONS LAND USE PLAN: Mr. Essex requested
continuation of this item to the meeting of July 23, 1984, to enable staff sufficient time to
meet with the ALUC to come to a mutually acceptable agreement and work out a possible
solution. Hearing no objections from the Council, Mayor Partin so ordered it continued.
CONTINUATION OF CONSIDERATION OF PUBUC HEARING RE: APPLICATION FOR
SPECIAL PERMIT - MR. ANDREA JOSEPH DORIA, D.B.A. A & B ENTERPRISES LOCATED
WITHIN THE LOS ALAMITOS RACE TRACK, 4961 KATELLA AVENUE, CYPRESS: Mr.
Essex requested continuation of this item to the meeting of July 23, 1984, due to the
hospitalization of the applicant. Hearing no objections from the Council, Mayor Partin so
ordered it continued.
CONTINUATION OF CONSIDERATION OF PUBUC HEARING RE: APPUCATION FOR
SPECIAL PERMIT - PATRICIA J. ULMER, D.B.A. ALL SUN SOLAR ENERGY COMPANY,
18615 TOPHAN STREET, RESEDA: Mr. Essex presented a staff report dated June 20, 1984,
outlining the request for a special permit to allow door-to-door solicitation for the sale of
solar energy equipment in the City of Cypress. This item was continued from the meeting of
June 25, 1984 due to the fact that the applicant was not present at the meeting.
The applicant was not present at this meeting either, therefore, it was moved by Councilman
Lacayo and seconded by Councilman Coronado to close the public hearing and receive and
file this report. The motion unanimously carried.
CONTINUATION OF CONSIDERATION OF PUBUC HEARING RE: CONDITIONAL USE
PERMIT NO. 84-17 AND DENSITY BONUS, 30-UNIT APARTMENT COMPLEX, 8601
WALKER STREET, CYPRESS: Chris Eynon summarized the staff report dated June 29, 1984,
a request to construct a 30-unit apartment complex on a 1.52 acre site, and an 8-unit density
bonus allowance located at 8601 Walker Street. The applicant proposes the construction of
30 two-story stacked apartment units with detached two-vehicle carports and 18 open guest
parking spaces. The applicant/developer has chosen to develop the site under the special
"Density Bonus" allowance as provided for by State law. This law requires a city to grant a
density bonus of at least 25% over the otherwise allowable density, or provide other
incentives of equivalent financial value, when a developer agrees to construct at least 25% of
the total units for persons and families of low or moderate income.
Staff held an informal neighborhood meeting on Monday, July 2, 1984, to enable the
City Council Minutes
July 9, 1984
167
surrounding property owners to review and comment on the plan and to understand the
project more fully. No one was present in support or opposition to this request. The project
would help the City meet the terms of its Housing Assistance Plan which requires that the
City provide for affordable housing. Staff recommended approval subject to conditions.
Mr. Jack Kurchian, applicant, P. O. Box 1957, Garden Grmre, spoke in support of his request
and answered questions from the Council, and indicated a willingness to work with concerned
parties to arrive at a workable solution.
Ms. Evelyn Martin, 8611 Walker Street, expressed opposition to this Conditional Use Permit,
and stated that due to the location of her house, her privacy would be lost if this project is
approved. She also stated her opinion that more parking is needed on the site. In response to
questions from Council, Ms. Martin stated that she is willing to meet with staff and the
applicant to work out a viable solution to her concerns.
Mr. Dale Martin, 8602 Walker Street, spoke in opposition to the request, stating concern over
the encroachment of Ms. Martin's privacy.
Mr. Charles Lenaville, 8622 Walker Street, expressed concern over the traffic that would be
generated because of this development.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the
public hearing, and adopt a Resolution by title only, title as follows, approving Conditional
Use Permit No. 84-17 with conditions, with the additional condition that staff work out a
landscaping plan that will provide adequate privacy to the Martin property.
RESOL UTION NO. 2806
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 8.4-17 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS: Coronado, Lacayo, and Partin
o COUNCIL MEMBERS: None
2 COUNCIL MEMBERS: Kanel and Mullen
CONSIDERATION OF PUBUC HEARING RE: VARIANCE NO. 84-3, SWIMMING LAP POOL,
101 n PIMLICO DRIVE, CYPRESS: Chris Eynon summari:~ed the staff report dated July 2,
1984, outlining the application to construct a 7-foot wide by 28-foot long lap pool in the rear
yard area within 2-1/2 feet of the main structure solarium addition on the west side and
within 2-1/2 feet of the garage on the east side, at a single family residence located at 10172
Pimlico Drive. Ms. Eynon stated that the reason this request is bef ore the Council is because
the proposed lap pool does not meet the 4-foot setback required from both the solarium
addition and the detached garage structure. A review of 1the application reveals that the
applicant does have sufficient area elsewhere in the rear yard to construct the pool and meet
all required setbacks and development standards; however, the applicant utilizes the bulk of
the remaining yard as a play area for their day care center.
Mr. Dennis Bazant, applicant, 10172 Pimlico Drive, spoke in support of his request.
Council expressed concern over the possible safety hazards involved in constructing a pool
within a day care center.
Noone else was present to speak in support or opposition to this request.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the
public hearing and adopt a Resolution by title only, title as follows, approving Variance No.
84-3 with conditions, and also with adequate fencing and security to ensure the safety of the
children.
RESOLUTION NO. 2807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING VARIANCE NO. 84-3 - WlTH CONDITIONS.
The motion unanimously carried by the following roll call vote:
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Ci t Y Counc i1ld1t nu te s
July 9, 1984
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS: Coronado, Lacayo, and Partin
o COUNCIL MEMBERS: None
2 COUNCIL MEMBERS: Kanel and Mullen
CONSIDERATION OF REQUEST FOR RENEWAL OF CONTRACT FOR CUSTODIAL
MAINTENANCE OF CITY BUILDINGS: Mr. Essex summarized the staff report dated June
27, 1984, stating that Western Counties Maintenance Company of Costa Mesa currently is
under contract to provide custodial services for the Civic CentE~r and Cultural Arts Center at
a monthly rate of $2,801.00. This contract will expire on July 2~9, 1984, and is renewable at
the City's option. The contractor has requested renewal of the contract upon its expiration
and has agreed to continue his services at the current monthly rate.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to approve a
contract extension to Western Counties Maintenance Company, 817 West 17th Street, Costa
Mesa, in the amount of $2,801.00 per month through June 30, 1985. The motion unanimously
carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS: Coronado, Lacayo, and Partin
o COUNCIL MEMBERS: None
2 COUNCIL MEMBERS: Kanel and Mullen
CONSENT CALENDAR: Mayor Partin 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.
It was moved by Councilman Coronado and seconded by Councilman Lacayo to approve Items
#-8 through #26 on the Consent Calendar, with an abstention of Item #-7 by Councilman
Lacayo. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS: Coronado, Lacayo, and Partin
o COUNCIL MEMBERS: None
2 COUNCIL MEMBERS: Kanel and Mullen
Item No.7: Motion to approve City Council Minutes of the Regular Meeting of June 25,
1984.
Recommendation: That the City Council approve the Minutes of June 25, 1984, with
Councilman Lacayo abstaining due to his absence at the meeting.
Item No.8: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by
Title Only and to Waive Further Reading.
Item No.9: Consideration of Proclaiming July 20,1984, as "P.O.W. - M.I.A. Recognition
Day".
Recommendation: That the Mayor and City Council officially proclaim July 20, 1984, as
"P.O.W. - M.I.A. Recognition Day" in the City of Cypress as requested.
Item No. 10: Consideration of Proclaiming September, 1984, as "Leukemia Month".
Recommendation: That the Mayor and City Council officially proclaim September, 1984, as
"Leukemia Month" in the City of Cypress.
Item No. 11: Consideration of Resolution Commending the South Coast Repertory on the
Occasion of their 20th Anniversary.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending the South Coast Repertory for outstanding service to Orange County on the
occasion of their 20th anniversary.
RESOLUTION NO. 2808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE SOUTH COAST REPERTORY FOR OUTSTANDING
SERVICE TO ORANGE COUNTY ON THE OCCASION OF THEIR 20TH ANNIVERSARY.
Item No. 12: Consideration of Authorization for the Director of Public Works/ City Engineer
to Attend the Annual Public Works Conference in Philadelphia, Pennsylvania, on September
16 - 20, 1984.
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July 9, 1984
169
Recommendation: That the City Council authorize the attendance of the Director of Public
Works/City Engineer, Robert Beardsley, to the annual American Public Works Association
conference to be held on September 16 - 20, 1984, in Philadelphia, Pennsylvania, and be
reimbursed for an actual and necessary expenses incurred.
Item No. 13: Consideration of Employment List - Police Clerk.
Recommendation: That the City Council certify the employment list for the position of
Police Clerk as submitted.
Item No. 14: Consideration of Employment List - Account Clerk I.
Recommendation: That the City Council certify the employment list for the position of
Account Clerk I.
Item No. 15: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Ivan F. Verdehyou, D.B.A. Caspian Deli (formerly Submarine Sandwich Building
Company), 9187 Valley View, Cypress.
Recommendation: Receive and file.
Item No 16: Consideration of the City Manager's Attendance at the 70th Annual
International City Management Association's Conference in San Antonio, Texas, on
September 16 - 20, 1984.
Recommendation: That the City Council authorize the City Manager to attend the 70th
Annual Conference of the International City Management Association to be held on
September 16 - 20, 1984, in San Antonio, Texas, and be reimbursed for all actual and
necessary expenses incurred.
Item No. 17: 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 August 1, 1984 through July 31,
1985 under the same terms and conditions of the current contract.
Item No. 18: Consideration of Authorization to Attend the League of California Cities
Annual Conference to be Held in Anaheim, on September 2.3 - 26, 1984.
Recommendation: That the City Council 1) Authorize the Mayor and Members of the City
Council to attend the 86th Annual Conference of the League of California Cities to be held
at the Anaheim Convention Center on September 23 - 26, 1984, and be reimbursed for all
actual and necessary expenses incurred, and 2) Authorize the Mayor to serve as the Voting
Delegate and the Mayor Pro-tern as the Alternate f or the General Business Session at the
annual conference.
Item No. 19: Consideration of Request for SB 821 Local Allocation Funds for Bicycle and
Pedestrian Facilities on Walker Street from Cerritos Avenue to Katella Avenue, City of
Cypress Project No. 8115-90.
Recommendation: That the City Council adopt the Resolution by title only, title as fonows,
authorizing staff to submit a claim for its 1984-85 allocation of local SB 821 Funds in the
amount of $10,822.
RESOL UTION NO. 2809
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AN APPUCATION FOR THE CITY'S 1984-85 LOCAL
ALLOCATION OF SB 821 BICYCLE AND/OR PEDESTRIAN FUNDS.
Item No. 20: Consideration of Request for SB 821 Regional Funds for South Side of Lincoln
Avenue to South Side of La Palma Avenue, City of Cypress Project No. 8219-90.
Recommendation: That the City Council 1) Approve a joint application with the City of Los
Alamitos to request regional SB 821 Funds for 1984-85 for the completion of the Coyote
Creek Regional Bicycle Trail with said application to be pr'epared by the City of Los
Alamitos as lead agency; 2) Approve an agreement betweell1 the Cities of Cypress and Los
Alamitos to complete the Coyote Creek Regional Bicycle Trail, with the City of Los
Alamitos as lead agency, subject to project funding, and authorize execution of the
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City Council Minutes
July 9, 1984
agreement, subject to the approval of the City Attorney as to form; and 3) Approve the use
of Cypress' Fiscal Year 1984-85 local SB 821 allocation in the amount of $10,822 for the
Coyote Creek Regional Bicycle Trail, subject to receipt of said funds.
Item No. 21: Consideration of Acceptance of the St. Ann Area Community Development
Project, Eighth and Ninth Year H/CD Program, City of Cypress Project No. 8319-10.
Recommendation: That the City Council 1) Approve the contract change from the original
award of $219,211.39 to the final cost of $224,411.15; 2) Accept the Community
Development Project (Eighth and Ninth Year of the City's H/CD Program) encompassing the
following areas as being satisfactorily completed in accordance with the Plans and
Specifications: St. Ann Avenue from 160' feet south of Vonnie Lane; portions of Vonnie Lane
and Cypress Avenue; and the alley from Danny Avenue to 150' north of St. Ann Avenue; and
3) Authorize the City Clerk to release the Labor and Material Bond upon expiration of the
required lien period, providing no liens have been filed, and to release the Faithful
Performance Bond upon expiration of one year's guarantee, providing no defects in material
or workmanship become evident.
Item No. 22: Consideration of a Resolution Establishing the City's Appropriation Limit.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
establishing the City's appropriation limit.
RESOLUTION NO. 2810
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING
THE CITY'S APPROPRIATIONS LIMIT FOR THE 19B4-85 FISCAL YEAR.
Item No. 23: Consideration of Recommendations of Traffic Commission Meeting of June 19,
1984.
Recommendation: That the City Council approve the recommendations of the Traffic
Commission as outlined in the report and adopt the Resolution by title only, title as follows,
establishing a "40 Minute Limited Parking" area, and a "No Pcu-king Any Time" area on
Graham Street, west side, south of Orange Avenue.
RESOLUTION NO. 2811
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABUSHING A "40 MINUTE LIMITED PARKING" AREA AND A
"NO PARKING ANY TIME" AREA ON GRAHAM STREET, WEST SIDE,
SOUTH OF ORANGE AVENUE.
Item No. 24: Consideration of Resolution Commending Akira and Hiroko Morio for their
Unselfish Contributions to the City of Cypress/Recreation and Park District.
Recommendation: That the City Council, and acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by title only,
title as follows, commending Akira and Hiroko Morio for their unselfish contributions to the
City of Cypress/Recreation and Park District.
RESOLUTION NO. 2812
A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF CYPRESS
COMMENDING AKIRA AND HIROKO MORIO FOR THEIR UNSELFISH CONTRIBUTIONS
TO THE CITY OF CYPRESS/RECREATION AND PARK DISTRICT.
Item No. 25: Consideration of Public Utilities Commission's Order to Establish Guidelines for
Surcharges.
Recommendation: That the City Council continue this matter to the Council Meeting of July
23, 1984.
Item No. 25-A: Consideration of an Application for an Alcoholic Beverage License Filed by
Moonshiner Restaurant and Saloon, 4143 Ball Road.
Recommendation: Receive and file.
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July 9,1984171
Recreation and Park District Matters:
Item No. 26: Consideration of a Resolution Establishing the Cypress Recreation and Park
District's Appropriation Limit.
Recommendation: That the City Council, acting as the ex-.officio governing Board of
Dire,ctore; of the Cypress Recreation and Park District, adopt the Resolution by tit1~, Qnly,'i .
title as follows, establishing tb~ District's appropriation limit.
RESOLUTION NO. 139
A RESOLUTIQN,OF TffE Crry COUNCn.. OF THE CITY OF CYPRESS,
EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREA TION AND PARK DISTRICT, A SUBSIDIARY DISTRICT
OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION
AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1984-85
FISCAL YEAR.
CONSIDERATION OF ESTABUSHMENT OF A CABLE TELEVISION ADVISORY
COMMITTEE: At the Council meeting of May 29, 1984, Council requested staff to report on
the establishment of a Cable Television Advisory Committee to advise Council on public
access issues relating to use policies for the community cable television facilities and
equipment. Councilman Lacayo moved to continue this item to enable a full Council to be
present. Mayor Partin so ordered.
CONSIDERATION OF NEWSLETTER ARTICLES. Mr. Essex: presented for Council review
and comment. copies of the articles for the City'~ newsletter, which will be included in the
fall brochure to be distributed in August.
Councilman Lacayo requested, for public awareness, the report on certified smog e,mission
control repair facilities in Cypress be included subject to rE!view by the City Attorney.
Mayor Partin also indicated his concern over the City liability because of publishing this type
of information, and requested the City Attorney to research these concerns.
It was moved by Councilman Lacayo to receive and file this report. Mayor Partin so ordered.
CONSIDER A TION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
NO. 5056 - 5231: It was moved by Councilman Lacayo and seconded by Councilman
Coronado to approve the Warrant List for Warrants No. 50'56 - 5231, in the total amount of
$619,410.54. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS: Coronado, Lacayo, and Partin
o COUNCIL MEMBERS: None '.
2 COUNCIL MEMBERS: Kanel and Mullen
EXECUTIVE SESSION: The Mayor called an Executive Session at 8:35 p.m. for, matters of
Personnel and Litigation. The meeting reconvened at 9:13 p.m.
ADJOURNMENT: Mayor Partin adjourned the meeting at 9:13 p.m. to July 23,1984, at 7:30
p.m.
~.,LJ41~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
1
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,/; /.
CITY CLERK
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