Minutes 85-03-25
303
MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 25, 1985
The regular meeting of the Cypress City Council was called to order at 7:30 p.m., on Monday,
March 25, 1985, in the Council Chambers of City Hall, 5275 Orange Avenue, Cypress,
California, Mayor John Kanel residing.
PRESENT:
ABSENT:
Council Members Lacayo, Partin and Kanel
Council Members Coronado and 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: Chief Lowenberg led the Pledge to the Flag.
ORAL COMMUNICATIONS: Mayor Kanel asked if anyone wished to speak on any item that
was not on the Agenda. No one wished to speak.
PRESENTATION OF RESOLUTION OF COMMENDATION TO MISS PAM LINCOLN: The
Mayor presented Pam Lincoln, reporter for the News Enterprise, a Resolution commending
her for her outstanding press coverage for the City of Cypress.
CLOSED SESSION: The Mayor called a closed session at 8:40 p.m. for matters of personnel,
and the meeting reconvened at 8:47 p.m.
STAFF REPORTS AND DISCUSSION:
Mr. Essex recommended that the Resolution of Commendation to Pam Lincoln be added to
the Consent Calendar for adoption, which the Mayor added as Item No. 19-A; consideration
of a Resolution of Commendation for Lt. Charles Beard upon his retirement from the City,
which was added as Item No. 19-B; and a request for a closed session at the end of the
meeting for litigation.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-4,
COMMERCIAL SHOPPING CENTER AND FUTURE BUILDING SITES, SOUTHWEST
CORNER OF KA TELLA AVENUE AND KNOTT STREET: A report was presented dated
March 20, 1985, indicating that the applicant, Howard F. Thompson & Associates, Inc., had
requested that Conditional Use Permit No. 85-4 again be continued to the meeting of April 8
to allow additional time to submit detailed site plans and elevations for two restaurant pads
to be included as a part of the application.
It was moved by Councilman Partin, seconded by Councilman Lacayo, and unanimously
carried to continue Conditional Use Permit No. 85-4 to the Council meeting of April 8, 1985.
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 85-1, ADDITIONAL
BUILDING SIGN FOR MITSUBISHI ELECTRIC, 5757 PLAZA DRIVE: The Planning Director
presented a staff report dated March 15, 1985, outlining a request to allow the installation of
one additional building sign on the east elevation of the Mitsubishi Electric, 5757 Plaza
Drive. The proposed sign consists of individual letters thirty-three inches in height,
approximately 51.94 feet in length and totaling approximately 150 square feet in area. Staff
recommended approval of Variance No. 85-1 subject to the condition that all necessary
permits be obtained from the Building Department prior to the installation of the sign.
Mr. Merle Pautsch, representative of MDC Realty, spoke in support of the sign variance and
added that the sign would not create a proliferation of signs due to the size of the property.
There was no opposition to Variance No. 85-1.
It was moved by Councilman Lacayo and seconded by Councilman Partin to close the public
hearing and to adopt the Resolution by title only, title as follows, approving Variance No.
85-1 with the condition that all necessary permits be obtained from the Building Department
prior to installation of the sign.
City~~Cil Minutes
March 25, 1985
RESOLUTION NO. 2894
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIATION FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS TO ALLOW THE INSTALLATION OF ONE
ADDITIONAL BUILDING SIGN - VARIANCE NO. 85-1.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
2 COUNCIL MEMBERS:
Lacayo, Partin and Kanel
None
Coronado and Mullen
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-5,
CARL'S JR. DRIVE-THRU RESTAURANT, NORTHWEST CORNER OF KATELLA AVENUE
AND KNOTT STREET: The Planning Director presented a staff report dated March 14, 1985,
on a request to construct an approximately 4,000 square foot Carl's Jr. drive-thru restaurant
at the Cypress Center shopping center located at the northwest corner of Katella Avenue and
Knott Street. Staff indicated that the proposed project is consistent with the surrounding
uses currently under construction and will have a positive effect upon the shopping center
and surrounding properties, therefore, staff recommended approval subject to conditions,
with an amendment to Condition No. 10 to read: "A written comprehensive sign program for
both building and freestanding monument signs shall be submitted for Planning Department
approval prior to any signing installation".
Councilman Partin inquired whether freestanding signs were going to be approved for the
entire development area at Katella Avenue and Knott Street, indicating his opposition to the
freestanding signs, specifically on the main thoroughfares.
Ms. Eynon responded that Carl's Jr. does not intend to use a freestanding sign, but indicated
that preliminary plans have been submitted, but not approved, for the Target store to utilize
a freestanding sign, explaining the difficulty to restrict the signs when it is permitted by the
Ordinance, and adding that staff can only regulate the Ordinance to prevent a proliferation
of signs. Ms. Eynon further stated that a sign plan for the entire center will be submitted at
one time.
Councilman Partin expressed that he would be very disappointed should the area be developed
with an over abundance of freestanding signs.
The Planning Director suggested that staff would bring the sign plans as part of the design
process to the Council for approval or review.
Mr. Bill Gray, Site Development Engineer for Carl Karcher, International, indicated that
Carl's Jr. will abide by the sign design decision from the developers of the Target store.
There was no opposition to this proposal.
It was moved by Councilman Lacayo and seconded by Councilman Partin to close the public
hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use
Permit No. 85-5, subject to conditions, to include the amendment to Condition No. 10.
RESOLUTION NO. 2895
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 85-5 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
2 COUNCIL MEMBERS:
Lacayo, Partin and Kanel
None
Coronado and Mullen
CONSIDERATION OF PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1985:
The Public Works Director presented a staff report dated March 20, 1985, and indicated that
the purpose of the public hearing was to hear objections and individual protests to the Weed
Abatement Program. The properties listed for weed abatement have been posted and a
postcard sent by certified mail to each property owner notifying him of the weed abatement
and/or rubbish removal work required.
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March 25, 1985
305
Councilman Partin, due to problems in the past, warned the staff to be very careful to notify
all property owners listed for weed abatement and to be sure that the abatement is necessary
before proceeding.
There were no protests regarding this hearing.
It was moved by Councilman Partin and seconded by Councilman Lacayo to close the public
hearing and to adopt the Resolution by title only, title as follows, regarding the Weed
Abatement Program for 1985.
RESOLUTION NO. 2896
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF,
AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT
OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC
NUISANCE, AND ORDERING THE ABATEMENT THEREOF.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" were to be considered by the City
Council as routine and enacted by one motion approving the recommendations listed on the
Agenda.
It was moved by Councilman Lacayo and seconded by Councilman Partin to approve Item
Nos. 6 - 22 on the Consent Calendar. The motion unanimously carried by the following roll
call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
2 COUNCIL MEMBERS:
Lacayo, Partin and Kanel
None
Coronado and Mullen
Item No.6: Motion to Approve City Council Minutes of the Regular Meeting of March 11,
1985.
Recommendation: That the City Council approve the Minutes of March 11, 1985 as
submitted.
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 Proclaiming April 1985, as "Child Abuse Prevention Month" and
April 14 - 20, 1985, as "Victims Rights Week".
Recommendation: That the Mayor and City Council officially proclaim April 1985, as "Child
Abuse Prevention Month" and April 14 - 20, 1985, as ''Victims Rights Week" in the City of
Cypress.
Item No.9: Consideration of Proclaiming the Week of April 8 - 14, 1985, as the "Week of the
Disabled" .
Recommendation: That the Mayor and City Council officially proclaim the week of April 8 -
14, 1985, as the "Week of the Disabled" in the City of Cypress.
Item No. 10: Consideration of Proclaiming April 1985, as "Federation Month".
Recommendation: That the Mayor and City Council officially proclaim April 1985, as
"Federation Month" in the City of Cypress in recognition of the outstanding achievements of
the Women's Club.
Item No. 11: Consideration for Resolution Commending the Cypress High School
Cheerleading Squad for its Outstanding Achievements.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending the Cypress High School Cheerleading Squad for its outstanding achievements.
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City Council Minutes
March 25, 1985
3U6
RESOLUTION NO. 2897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE CYPRESS HIGH SCHOOL CHEERLEADING SQUAD
FOR ITS OUTSTANDING ACHIEVEMENTS.
Item No. 12: Consideration of Design Review Committee Approvals 85-4, 85-5, 85-6 and
85-7.
Recommendation: Receive and file.
Item No. 13: Consideration of Monthly Investment Report for the Month of February, 1985.
Recommendation: Receive and file.
Item No. 14: Consideration of an Alcoholic Beverage License Transfer of an On-Sale Beer
and Wine License Filed by Chanat Klasnimi and Suwapang Pattummadith, D.B.A. Anthony's
Pizza House Restaurant, 5111 Ball Road, Cypress.
Recommendation: Receive and file.
Item No. 15: Consideration of an Original Application for an Off-Sale General Alcoholic
Beverage License Filed by Hwa Cha Kim and In Su Kim, A-4 Liquor, 8842 Walker Street,
Cypress.
Recommendation: That the City Council officially notify the Alcoholic Beverage Control
Board that the applicant must file for a Conditional Use Permit sometime after May 14,
1985, and following the conclusion of that hearing the Board would be notified of the City
Council decision on this matter.
Item No. 16: Consideration of Communication From State Controller Kenneth Cory with the
1985-86 Revenue Estimates for Motor Vehicle License Fees, Highway Users Taxes, and Off-
Highway Motor Vehicle License Fees.
Recommendation: Receive and file.
Item No. 17: Consideration for Resolution From the City of Garden Grove in Support of
Senate Bill 75, Regarding Joint and Several Liability.
Recommendation: That the City Council go on record in support of Senate Bill 75, and
authorize the Mayor to send letters of support to the appropriate legislators.
Item No. 18: Consideration of Opposition to AB 1543 Concerning the Redistribution of Fines
and Forfeitures in Orange County.
Recommendation: That the City Council go on record in opposition to AB 1543 which would
amend the allocation of fines and forfeitures in Orange County and authorize the Mayor to
send letters of opposition to the appropriate State legislators and to the Orange County
Board of Supervisors.
Item No. 19: Consideration of Police Department Personnel File Records Purge.
Recommendation: That the City Council authorize destruction of the Police Department
personnel records outlined in the memorandum dated March 6, 1985 from Chief Lowenberg in
accordance with Government Code Section 34090.5 and City Council Resolution No. 2338
dated February 9, 1981.
Item No. 19-A: Consideration of Adoption of a Resolution Commending Miss Pam Lincoln.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending Pam Lincoln for her outstanding press coverage for the City of Cypress.
RESOLUTION NO. 2898
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MS. PAM LINCOLN FOR PROVIDING OUTSTANDING
PRESS COVERAGE FOR THE CITY OF CYPRESS.
Item No. 19-B: Consideration of Adoption of a Resolution for Lt. Charles R. Beard.
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City Council Minutes
March 25, 1985
307
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending Lt. Charles R. Beard upon his retirement after 20 years of service with the
City.
RESOLUTION NO. 2899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING LT. CHARLES R. BEARD UPON HIS RETIREMENT
AFTER 20 YEARS OF SERVICE WITH THE CITY OF CYPRESS.
Recreation and Park Matters:
Item No. 20: Consideration of Proposed New Classes and Fees For Summer.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District, approve the proposed new programs
and the fees as outlined in the report dated March 14, 1985.
Item No. 21: Consideration of Donation of Funds.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District, formally accept the donation in the
amount of $100 from the American Legion Auxiliary, Unit #295, Cypress, and allocate $100
from the General Fund to Account No. 4187-12-306-10 for the purpose of complementing the
Tutoring Program.
Item No. 22: Consideration of Allocation of Funds to the Cultural Arts Program.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District, appropriate $1,850 from the General
Fund of the Cypress Recreation and Park District to Account No. 4104-12-314-10 for the
purchase of an air conditioning unit, curtains, and a folding partition for the Cultural Arts
Center.
DEFERRED BUSINESS
CONTINUATION OF CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING
SALARIES AND WORKING CONDITIONS FOR CITY EMPLOYEES REPRESENTED BY THE
CYPRESS PUBLIC SAFETY EMPLOYEES' ASSOCIATION: Mr. Essex recommended adoption
of a Resolution establishing salaries and working conditions for the public safety employees
8~ follows: 1) 5% increase to be retroactive to December 31, 1984 and 5% increase effective
j)"cprnber ~O, 1985; 2) modification to the health plan; and 3) back overtime payment
ecuHJing a eash settlement of $70,000. Mr. Essex added that with the agreement of the cash
sdt!ernent, all officers waive the right to file further action against the City.
It was moved by Couneil man Lacayo and seconded by Councilman Partin to adopt the
n,'solution by title only, title as follows) approving the Memoradum of Understanding
b; tween t1'(' City of ('ypl'ess and the Cypre,ss Public Safety Employees' Association
C'Tl,'prning wages, salaries, fringe benefits and conditions of employment.
RESOLl"TION NO, 2900
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVTNC THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CYPRESS AND THE CYPRESS PUBLIC SAFETY EMPLOYEES' ASSOCIATION
('ONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF
EMPLOYMENT.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
.\BSENT:
3 ('OUNCIL MEMBERS:
o COUNCIL MEMBERS:
'? ('OLJNCIL 'VIEMBERS:
Lacayo, Partin and Kanel
None
Coronado and Mullen
CqNTINUATION OF CONSIDERATION OF A WORKSHOP REGARDING THE LANDSCAPED
BERM ALONG THE NORTH SIDE OF THE STANTON STORM CHANNEL: Mr. Essex
presented a staff report dated March 21, 1985 with the proposed notice to be mailed to the
property owners, which the Council had requested for review concerning the meeting to be
hEld on April 15, 7 :30 p.m., at the Community Center to discuss the landscape berm and the
~H)I-H'Eltior' nf the rpsidential area from the industrial. The notices are to be mailed to most
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City Council Minutes
March 25, 1985
308
residents immediately adjacent to the Channel and the Chairman of the Cypress Village
Homeowners' Association has agreed to distribute the notice to those residents living in the
patio homes and townhouses in close proximity to the Channel.
Due to the concerns raised by a number of area residents regarding the effectiveness of the
previously approved berm, Mayor Kanel requested the addition of a few lines to clarify that
the purpose of the meeting is to gather citizen input as to whether separation of the
industrial and residential land uses could be better accomplished by other methods.
Councilman Lacayo requested that a map be added to the notice to clarify the location of the
berm in question.
Mayor Kanel so ordere~ the staff report received and filed.
CONTINUATION OF CONSIDERATION OF APPOINTMENT FOR THE VACANCY ON THE
CYPRESS SENIOR CITIZENS COMMISSION: Mr. Essex presented a staff report dated March
21, 1985. The two current alternates to the Commission with the longest tenure have
indicated that only one of them is interested in permanent appointment, that being Mr. Leo
Abrams. Ms. Leola McKeown prefers to remain an alternate.
It was moved by Councilman Partin and seconded by Councilman Lacayo to appoint Mr.
Abrams as the permanent member of the Commission, effective March 25 and to expire
March 25, 1989. The motion unanimously carried.
NEW BUSINESS
CONSIDERATION OF NEWSLETTER ARTICLES: A staff report was presented dated March
20, 1985, requesting Council review and comment on the newsletter articles to be included in
the summer brochure to be mailed the week of May 27, 1985.
Councilman Lacayo suggested looking into the expansion of the newsletter to include an
additional publication to cater to the City's youth, which could be distributed through the
local schools, and indicated that he would return with a recommendation on the feasiblity of
his suggestion.
Mayor Kanel suggested that the newsletter contain an article regarding the City's support for
the procurement by the Los Alamitos Air Base of two UH-l flight simulators to aide in the
decrease of flight activities in and around the Base.
It was moved by Councilman Lacayo and seconded by Councilman Partin to receive and file
the newsletter articles report, which includes the addition of an article concerning the
support of the purchase of the simulators by the Base. The motion unanimously carried.
CONSIDERATION OF LOS ALAMITOS AIR BASE BLUE RIBBON COMMITTEE INTERIM
RECOMMENDATIONS: Mr. Essex submitted a staff report dated March 21, 1985
representing the recommendation from the Los Alamitos Air Base Blue Ribbon Committee's
interim recommendation regarding the City's support for the procurement by the Base of two
UH-1 Flight Simulators.
Councilman Lacayo requested a change in the name of the Los Alamitos Air Base Blue
Ribbon Committee to the Cypress Blue Ribbon Citizens Committee to clarify that the
Committee is from Cypress.
Mr. Essex added that the recommendation should include that letters of support be mailed to
the appropriate State and Federal Legislators.
Mayor Kanel suggested forwarding copies of the interim recommendation from the Cypress
Blue Ribbon Citizens Committee to all newspapers.
Mayor Kanel so ordered.approval of staff's recommendation that the City go on record in
support of the procurement of flight simulators for the Los Alamitos Air Base, and authorize
the Mayor to send letters of support to all surrounding cities and to the appropriate State and
Federal legislators, and to the Secretary of the Army.
CONSIDERATION OF CITY COUNCIL COMPENSATION: Mr. Essex presented a staff report
dated March 21, 1985 and distributed copies of a proposed Ordinance drafted by the City
Attorney. During the past 13 years, the City Council was eligible, pursuant to the City
Charter and the State Government Code, for an annual increase of 5% per year. The current
compensation of $200 has not been changed since 1972. At the present time, the City
Council, under this 5% per year forumla, is eligible for a monthly salary of $377.14.
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309
Mayor Kanel, hearing no objections, continued this item to the. meeting of April 8, to enable
additional Council members to be present.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
NO. 8584 - 8847: It was moved by Councilman Partin and seconded by Councilman Lacayo to
approve the Warrant List for Warrant Nos. 8584 - 8847, in the total amount of $496,529.51.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
2 COUNCIL MEMBERS:
Lacayo, Partin and Kanel
None
Coronado and Mullen
RECREATION AND P ARK MATTERS:
CONSIDERATION OF RECREATION AND COMMUNITY SERVICES COMMISSIONERS'
APPOINTMENTS AND TERMS OF OFFICE: A staff report was presented dated March 18.
At the Recreation and Community Services Commission meeting of March 18, 1985, the
Commission discussed the current procedure of appointments of new members during the
months of budget review, and recommended appointments to the Commission to be made
from July through January.
Mr. Bill Davis, 9654 Amberwick Circle, a member of the Recreation and Community Services
Commission, clarified the intentions of the Commission. Mr. Davis explained that it is unfair
to appoint a Commissioner during the months of the budget process due to the confusion it
creates. Mr. Davis indicated that the Commission wished to adjust the Commissioners
expiration date to June 30, thereby appointing Commissioners from July through January, and
any new appointments to fill vacancies for any reason would be made to fill the unxpired
term at which time a full four year term would then be considered.
Hearing no objections, Mayor Kanel ordered this item continued to the meeting of April 8,
1985.
CLOSED SESSION: At 8:25 p.m., Mayor Kanel called a closed session for matters of
litigation, and the meeting reconvened at 8:38 p.m.
Mayor Kanel suggested the appointment of Mary Dobrick to the Senior Citizens Commission
as an alternate.
It was moved by Councilman Lacayo and seconded by Councilman Partin and unanimously
carried to appoint Mary Dobrick to the Senior Citizen Commission as an alternate.
Mr. Essex requested that the budget workshop be rescheduled to April 8, at 7:00 p.m., prior
to the City Council meeting, and therefore suggested adjournment to that time.
Mr. Essex also reported that the breakfast meeting with Assemblywoman Allen will be held
May 3.
ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Partin, and
unanimously carried to adjourn the meeting at 8:40 p.m. to the Council meeting of April 8,
1985, 7:00 p.m.
KC1N-t~
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ATTEST:
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CITY CLElfK 6 . tHE C , . OF CYPRESS
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