Minutes 85-01-28 (2)
270
MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 28, 1985
The regular meeting of the Cypress City Council was called to order at 7:35 p.m., on Monday,
January 28, 1985, in the Council Chambers of City Hall, 5275 Orange Avenue, Cypress,
California, Mayor John Kanel presiding.
PRESENT: Council Members Coronado, Lacayo, Partin and Kanel
ABSENT: Councilman Mullen
Also present were Darrell Essex, City Manager; Mark Huebsch, City Attorney, and the
following staff members: Barrett, Beardsley, DeCarlo, Eynon, Hurst and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilman Coronado led the Pledge to the Flag.
Sargeant Rick Hobbs of the Cypress Police Department read a press release and introduced
Dr. John McKey, Director of the Law Enforcement Management Center, who presented an
award to Chief Ron Lowenberg for being chosen the 1985 Outstanding Police Chief.
PRESENTATION OF SERVICE PINS TO CITY EMPLOYEES: Mayor Kanel presented 5-year
service pins to Ron Brabbin, David Soifer, and Joe Briseno, and a 15-year service pin to Frank
Dalesandro.
STAFF REPORTS AND DISCUSSION: Mr. Essex requested Council consideration of a claim
received from Chae Mee Chang, dba Antony's Italian Food, 5111 Ball Road, in the amount of
$340.80, for the repair of a door damaged by the Police Department, which was added to the
Consent Calendar as Item 20-A.
Mr. Essex also requested an Executive Session at the end of the meeting for matters of
personnel and litigation.
CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE TRACT MAP NO. 12313, 66-LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION, S/W CORNER OF ORANGE AVENUE AND
DENNI STREET: Chris Eynon presented a staff report dated January 17 1985, and
summarized a request from J. M. Peters Company, Incorporated, 1601 Dove Street, Newport
Beach, to divide eight parcels into 66 for the development of single family residences, at the
southwest corner of Orange Avenue and Denni Street. The site contains approximately 12.55
acres in area, and is presently occupied by Avalon Park Nursery. The arrangement of the
tract would lend itself to a semi-private development with three cul-de-sac streets and one
access street being from Denni Street. The proposed development would require a
realignment of Orange A venue to allow for widening to the ultimate right-of-way width
consistent with the Orange County Master Plan of Arterial Highways. Staff indicated that
the development is well suited for the subject location and would be a benefit to the
community, and therefore recommended approval subject to conditions.
Councilman Coronado questioned staff regarding Condition Nos. 3, 5, and 14 of Exhibit A.
Mr. Bob Liewer, of the J. M. Peters Company. 1601 Dove Street, Newport Beach, spoke in
support of the proposed project and answered questions from the Council. Mr. Liewer
indicated agreement to all conditions.
Mr. Frank Clenihan, 4443 Via Majorca, questioned the impact of the proposed project on the
future use of the Landell School site, and whether the site is being considered for the
development of additional homes. Mr. Essex indicated that this project would have no
foreseeable impact on the LandeU site.
There was no opposi tion to the proposal.
After discussion, it was moved by Councilman Lacayo and seconded by Councilman Coronado
to close the public hearing and to adopt the Resolution by title only, title as fOllOWS,
approving Tentative Tract No. 12313 subject to conditions.
City Council Minutes
January 28, 1985
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Recreation and Park District Matters:
Item No. 21: Consideration of Authorization for Attendance at the 36th Annual California
and Pacific Southwest Recreation and Park Conference.
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 Marvin
DeCarlo, Director of the Cypress Recreation and Park District, and Ronald Thomas,
Assistant Director, to the 36th Annual California and Pacific Southwest Recreation and Park
Conference to be held on March 1 - 4, 1985, in Sacramento, California, and be reimbursed for
all actual and necessary expenses incurred.
Item No. 22: Consideration of New Program for Winter Session: "Non-Contact Ice Hockey
Skills" .
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, approve the Non-contact Ice Hockey
Skills class in the amount as recommended by the Recreation and Community Services
Commission.
Item No. 23: Consideration of Proposal to Increase Karate Program Fees.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, approve the proposed increase to the
Karate program fees as outlined in the staff report.
DEFERRED BUSINESS:
CONTINUATION OF CONSIDERATION OF ANNUAL MEMBERSHIP IN THE NATIONAL
LEAGUE OF CITIES: Mr. Essex presented a staff report dated January 22, 1985, for
continuation of consideration of membership renewal in the National League of Cities for the
period of April 1, 1985 through March 31, 1986, in the amount of $1,897. At the Council
meeting of January 14, 1985, Councilman Mullen and Mayor Kanel indicated their support of
maintaining membership; Councilman Lacayo and Councilman Partin indicated their lack of
support for renewal of membership; and Councilman Coronado was absent. This item was
continued to obtain a full Council vote. At this time Councilman Coronado indicated that he
was not in support of continuing membership.
It was moved by Councilman Coronado and seconded by Councilman Partin to deny renewal
of membership in the National League of Cities. The motion unanimously carried by the
following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
NEW BUSINESS:
CONSIDERATION OF VACANCIES ON THE RECREATION & COMMUNITY SERVICES
COMMISSION, SENIOR CITIZENS COMMISSION, AND THE TRAFFIC COMMISSION: Mr.
Essex presented a staff report dated January 22, 1985, outlining the following Commissioners'
terms of office which are due to expire: William Davis of the Recreation and Community
Services Commission, to expire February 9, 1985; all Senior Citizens Commission members,
due to expire February 23, 1985; and Traffic Commissioners Michel Belsky, Elsie Carruthers,
and Donald Kennedy, whose terms expire February 23, 1985. All of the Commissioners are
interested in reappointment except for the Senior Citizens Commission who will be discussing
this issue at their Commission meeting of February 13, 1985. The Senior Citizens
Commission had voted unanimously to recommend the appointment of Bernetta Meredyk and
George Unan to fill the vacancies for the Senior Citizens Commission.
Councilman Coronado indicated that he had been contacted by a number of people interested
in serving on the Traffic Commission and the Recreation and Community Services
Commission, and stated that the City should advertise the available positions to enable those
interested an opportunity to apply.
It was moved by Councilman Partin and seconded by Councilman Lacayo to confirm the
appointment of Bernetta Meredyk and George Unan to the position of Alternate
Commissioners for the Senior Citizens Commission, and to continue the consideration of
appointment to the Recreation and Community Services Commission and the Traffic
Commission to the meeting of February 11, 1985.
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2 ytt}ty Counc i I Mi nu t es
January 28, 1985
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
NO. 7728 - 7935: It was moved by Councilman Lacayo and seconded by Councilman Partin to
approve the Warrant List for Warrants No. 7728 - 7935, in the total amount of $344,268.45.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING SECTION 10.3 PERFORMANCE STANDARDS: COMMERCIAL
ZONES OF ORDINANCE NO. 640 THE ZONING ORDINANCE OF THE CITY OF CYPRESS
KNOWN AS AMENDM NT TO THE ZONING ORDINANCE NO. 84-4: It was moved by
Councilman Lacayo and seconde by CounCl man artm to or er the following Ordinance
read by title only, title as follows, and to adopt the Ordinance amending Section 10.3 of
Zoning Ordinance No. 640, Performance Standards: Commercial Zones.
ORDINANCE NO. 738
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 10.3 PERFORMANCE STANDARDS: COMMERCIAL
ZONES, OF ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE
CITY OF CYPRESS, KNOWN AS AMENDMENT TO THE ZONING
ORDINANCE NO. 84-4.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
EXECUTIVE SESSION: Mayor Kanel called an Executive Session for personnel and litigation
at 8:50 p.m. and the meeting reconvened at 9:58 p.m.
ADJOURNMENT: Mayor Kanel adjourned the meeting at 9:58 p.m. to Monday, February 4,
1985, in the Administrative Conference Room of City Hall, 6:00 p.m., for the first budget
workshop.
ATTEST:
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City Council Minutes
January 28, ~1
RESOLUTION NO. 2864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT NO. 12313 - WITH CONDI'rIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
Mr. Liewer added that construction is scheduled to begin in September of 1985.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 84-26,
CABLE TELEVISION OFFICES AND FACILITIES, 5595 CORPORATE DRIVE: Chris Eynon
summarized the staff report dated January 16, 1985, which outlines the request from
Copley/Colony Cablevision of Cypress, Incorporated, to establish cable television offices and
facilities including a 17 -foot earth station and a 95-foot tower at 5595 Corporate Drive, and
a request for a one-foot variance to allow a 23-foot parking aisle. Ms. Eynon further
explained that consistent with federal regulations, the applicant had submitted plans to the
Federal Aviation Administration for the tower and received approval on December 26, 1984.
Staff felt that the proposal would provide a desirable service to the community and is
consistent with the established development standards, therefore recommended approval
subject to conditions, with Condition No.6 of Exhibit A modified to read "All product and
material storage shall occur within the building or within an approved fenced area screened
from public view".
Councilman Coronado, referring to Exhibit A, Condition No.2, questioned the reason for the
construction of a three-legged tower instead of a four-legged tower, indicating his concern
for safety in the event of an earthquake and in consideration of the high water table in
Cypress.
Mr. Essex assured Councilman Coronado that a complete plan check will be required to
assure that the tower will be earthquake resistant.
Mr. Michael Issacs, of Copley/Colony Cablevision, indicated that he could not answer
Councilman Coronado's inquiries from a technical point of view, but explained that in the
past the company has used three-legged towers and has not experienced problems, and
expressed his confidence that the three-legged tower as proposed is structurally sound.
Mr. Issacs requested that Condition No.6 be modified to allow outdoor storage of cable reels
and concrete vaults in the parking area of 5995 Corporate Drive, until the construction of the
cable system is complete.
Councilman Lacayo indicated his approval of the request, with the condition that Council has
the right to revoke the modification should problems arise.
Chris Eynon read the Ordinance regarding outdoor storage in Industrial Zones and stated that
staff's concern is that ample parking is provided at all times. Ms. Eynon indicated that staff
could monitor the parking on a monthly basis, and report to Council if problems exist or
amend the Condition at the staff level.
Mr. Essex added that the condition should state that the materials to be stored are subject to
staff's review and the the size of the area to be used for storage is to be monitored by staff.
Councilman Coronado indicated that he is not opposed to the outdoor storage, but warned
that the storage cannot interfere with the ingress and egress of the local tenants.
Ms. Eynon suggested that Condition No.6 be worded as follows: "All product and material
storage shall occur within the building or within an approved fenced area screened from
public view during construction of the cable system, subject to staff review on a monthly
basis" .
In response to a question, Mr. Issacs indicated that a new phase map would be submitted
within the next few weeks.
Denise McCafferty, of Copley/Colony, was present to answer questions from the Council and
sum marized the three phasing areas of construction.
There was no opposition to the proposal.
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City Council Minutes
272
January 28, 1985
It was moved by Councilman Lacayo and seconded by Council Coronado to close the public
hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use
Permit 84-36 subject to conditions, with the modification to Condition No.6.
RESOLUTION NO. 2865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 84-26 - WITH CONDITIONS.
City Attorney Mark Huebsch requested that the motion include the comments from the City
Council and from the staff relating to the modification to Condition No.6.
Councilman Coronado requested a response, at Copley/Colony's convenience, to his concerns
regarding the tower safety.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL TRAFFIC PAINT
CONTRACT, REQUEST FOR QUOTATION NO. 8485-21: Mr. Essex presented a staff report
dated January 22, 1985, summarizing the two bids received for the annual traffic paint
contract. Bauer Paint had contacted staff, indicating that an error had been made in the
preparation of their bid and requested a rebid. The second bid received was from Pervo Paint
Company who has supplied the City with the paint for the past several years. However, staff
has had numerous problems with this product. Since only two bidders are involved, staff
requested a rebid to enable these companies to resubmit their prices.
It was moved by Councilman Lacayo and seconded by Councilman Partin to reject all bids for
traffic paint and authorize staff to readvertise for the contract. The motion unanimously
carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
CONSIDERATION OF AWARD OF CONTRACT FOR PARKING CITATION MANAGEMENT
PROGRAM, REQUEST FOR QUOTATION NO. 8485-22: Mr. Essex presented a staff report
dated January 21, 1985, outlining the five bids received for a Parking Citation Management
Program contract which is required to handle those citations that have not been complied
with in the time alloted. The low bidder, Provincial Data Systems, Inc., is the current
supplier and staff indicated that their service has been satisfactory since contracted in
January, 1984.
It was moved by Councilman Partin and seconded by Councilman Lacayo to award the
contract to Provincial Data Systems, Incorporated, for a period of two years, to include a
sixty-day written notice of cancellation clause, in the amount of $.52 per citation. The
motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
CONSENT CALENDAR:
Coronado, Lacayo, Partin and Kanel
None
Mullen
All matters listed on the agenda under "Cons~nt Calendar" aM to be considered by the City
Council to be routine and will be enacted by one motion approving th~ recommendations
listed on the agenda.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to approve
Consent Calendar Item Nos. 6 - 23. The motion unanimously carried by the following roll call
vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
Item No.6: Motion to Approve City Council Minutes of the Regular Meeting of January 14,
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City Council Minutes
January 28, 1985
27:3
1985.
Recommendation: That the City Council approve the Minutes of January 14, 1985, with
Councilman Coronado abstaining due to his absence at the meeting.
Item No.7: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item No.8: Consideration of Renewal of Contract Between the City and Orange County for
Prosecution Services.
Recommendation: That the City Council approve the Agreement with the County of Orange
for prosecution services for a five-year period, commencing February 1, 1985, and authorize
the Mayor to sign and the City Clerk to attest the Agreement.
Item No.9: Consideration of Proclaiming February 1985, as "Selective Service Registration
Awareness Month".
Recommendation: That the Mayor and City Council officially proclaim February 1985, as
"Selective Service Registration Awareness Month" in the City of Cypress as requested.
Item No. 10: Consideration of Ordinance Relating to Compensation for Members of the
Senior Citizens Commission.
Recommendation: That the City Council approve the first reading of the Ordinance by title
only, title as follows, amending the City Code Section relating to compensation for members
of the Senior Citizens Commission.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 2-61(A) AND ADDING SECTION 2-66 TO THE
CYPRESS CITY CODE RELATING TO THE SENIOR CITIZENS COMMISSION.
Item No. 11: Consideration of Information Report on Settlement of Claim Filed by Mrs.
Jeannie Zoetewey.
Recom mendation: Receive and file.
Item No. 12: Consideration of Proclaiming April 14 - 21, 1985, as "Days of Remembrance of
the Victims of the Holocaust".
Recommendation: That the Mayor and City Council officially proclaim April 14 - 21, 1985,
as "Days of Remembrance of the Victims of the Holocaust" in the City of Cypress as
requested.
Item No. 13: Consideration of Resolution Recognizing the Efforts of the Area Campaign
Supporting the Orange County Performing Arts Center.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending the efforts of the Center Campaign and Area Campaign volunteers supporting
the Orange County Performing Arts Center.
RESOLUTION NO. 2866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE EFFORTS OF THE CENTER CAMPAIGN AND AREA
CAMPAIGN VOLUNTEERS SUPPORTING THE ORANGE COUNTY
PERFORMING ARTS CENTER.
Item No. 14: Consideration of Proclaiming April 15 - 20, 1985, as "Earthquake Preparedness
Week" .
Recommendation: That the Mayor and City Council officially proclaim April 15 - 20, 1985,
as "Earthquake Preparedness Week" in the City of Cypress.
Item No. 15: Approval of Agreement with Southern Pacific Transportation Company for
Warland Land Company's Sanitary Sewer Railroad Crossing, Jct. BBL-505.86-X, City of
Cypress Project No. 8503-10.
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27i4Y Council Minutes
January 28, 1985
Recommendation: That the City Council approve the Agreement with the Southern Pacific
Transportation Company and authorize the Mayor to sign and the City Clerk to attest the
signature, subject to approval of the City Attorney as to form.
Item No. 16: Consideration of Recommendations of Traffic Commission Meeting of January
15, 1985.
Recommendation: That the City Council approve the recommendation of the Traffic
Commission and deny further usage of church directional signs.
Item No. 17: Consideration of Renewal of Long Term Disability Program Through Standard
Insurance Company.
Recommendation: That the City Council and acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District authorize the renewal of the
City/District Long Term Disability Program through Standard Insurance Company under Plan
B.
Item No. 18: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Norio Kataoka for the Former D's Liquor Store, 6155 Ball Road, Cypress.
Recommendation: Receive and file.
Item No. 19: Consideration of Preliminary Report for the Cypress Lighting District No.2 -
1985.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows: 1) Approving the City Engineer's Preliminary Report for Cypress Lighting District
No.2; 2) Intention to Install Improvements and Maintain Cypress Lighting District No.2 for
Calendar Year 1985; and 3) Appointing a Time and Place for the Public Hearing on Cypress
Lighting District No.2.
RESOLUTION NO. 2867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE
PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO
THE REQUIREMENTS OF RESOLUTION NO. 2860 OF SAID COUNCIL.
RESOLUTION NO. 2868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS
INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS
IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND
ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR
A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 1985 AND ENDING
JANUARY 1, 1986.
RESOL UTION NO. 2869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME
AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED
IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 2868,
AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA,
TO GIVE NOTICE OF SAID HEARING.
Item No. 20: Consideration of Proclaiming February 1985, as "Children's Dental Health
Month".
Recommendation: That the Mayor and City Council officially proclaim February 1985, as
"Children's Dental Health Month" in the City of Cypress as requested.
Item No. 20-A: Consideration of Claim Filed by Chae Mee Chang, dba Antony's Italian Food,
5111 Ball Road, in the Amount of $340.80, For Damage to a Restaurant Door By Police
Department.
Recommendation: Accept claim and approve payment in the amount of $340.80.
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