Minutes 85-04-08
310
MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 8, 1985
The regular meeting of the Cypress City Council was called to order at 7:12 p.m., on Monday,
April 8, 1985, in the Council Chambers of City Hall, 5275 Orange Avenue, Cypress,
California, Mayor John Kanel presiding. The Mayor recessed the meeting to the Council
Chamber's Conference Room for a Budget Workshop. Mayor Kanel, Councilman Coronado
and Councilman Partin were present.
BUDGET WORKSHOP:
The City Manager and the Finance Director reviewed the 1985-86 Preliminary Revenue and
Departmental Expenditures. The Council also received a copy of the proposed Capital
Improvement Projects. The City Manager indicated that following his review with the
department heads, the Operations Budget would be balanced.
At 7:40 p.m., the Mayor called the meeting back to order.
PRESENT:
ABSENT:
Council Members Coronado, Partin and Kanel
Councilmen Lacayo 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: Councilman Coronado 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.
Inga Brant, 8772 Cypress Avenue, reported that numerous accidents have occurred in the
area of Cypress A venue/Saint Ann Street in the past four weeks, indicating the most recent
to be April 6, 1985. Ms. Brant suggested that patrolling be increased and measures be taken
to eliminate accidents, as well as excessive speeding vehicles.
Mayor Kanel, hearing no objections, added this item to the Agenda as Item No.8-A.
William Burke, 8754 Cypress Avenue, explained that on April 6 his vehicle, which was parked
on the street, was hit by a car, and suggested barricading the street to eliminate vehicles
speeding from Los Altos on to Saint Ann.
PRESENTATION OF COMMUNITY SERVICE PLAQUE TO VIVIAN MASON, FORMER
SENIOR CITIZENS COMMISSIONER: The Mayor presented a Community Service Plaque to
Vivian Mason, former Senior Citizens Commissioner, for her fine work and dedication to the
community.
PRESENTATION OF RESOLUTION OF COMMENDATION TO CYPRESS HIGH SCHOOL'S
CHEERLEADING SQUAD: Mayor Kanel presented a Resolution commending the Cypress
High School's cheerleading squad for their outstanding achievements.
STAFF REPORTS AND DISCUSSION: Mr. Essex requested the addition of a Resolution
com mending Patrick Charles Paulsen for attaining the rank of Eagle Scout, which was added
as Item No. 29-A; and consideration of proclaiming April 16, 1985, as "Day of the Teacher",
which was added as 29-B.
Councilman Partin added an informational report concerning recent Sanitation District
meetings, which was added as Item No. 33-A.
Mayor Kanel added Item No. 29-C, consideration of endorsing Senate Bill 639 relating to the
deep pocket ruling.
The Mayor opened the public hearing for Conditional Use Permit No. 85-4, but continued it
until after hearing the following item that was added to the Agenda as Item No.8-A:
CONSIDERATION OF CYPRESS AVENUE/SAINT ANN STREET ACCIDENT PROBLEMS:
Mr. Essex suggested the the Police Department conduct selective enforcement at Cypress
Avenue/Saint Ann Street and submit a report to the Council at the meeting of April 22
City Council Minutes
Ap r i I 8, 1 9 8 5
311
regarding the accident history at this location and which will include recommendations from
the Traffic Commission.
Chief Lowenberg indicated that patrolling has recently been increased, numerous citations
have been issued, and a few arrests have been made for driving under the influence of
alcohol.
Sophie Carlson, 5702 Saint Ann, requested additional cooperative patrolling between Cypress
and Buena Park Police Departments to discourage speeding vehicles.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE
PERMIT NO. 85-4, COMMERCIAL SHOPPING CENTER AND FUTURE BUILDING SITES,
SOUTHWEST CORNER OF KATELLA AVENUE AND KNOTT STREET: The Planning
Director presented a staff report dated April 2, 1985, on an application for Conditional Use
Permit No. 85-4, a 130,890 square foot retail shopping center to be constructed in two
phases. Phase I proposes the immediate construction of retail commercial stores totaling
approximately 74,415 square feet. The majority of the shops would be located along the
southern boundary of the project site. Ross Stores, a major anchor store, would occupy
approximately 32,200 square feet with approximately 34,215 square feet of building area
occupied by smaUer specialty shops. A separate structure of approximately 8,000 square feet
is proposed to be located at the northeast corner of the site for additional retail shops.
Phase II will be developed and reviewed at a later date with approximately 40,975 square feet
of retail shops located adjacent to the primary buildings. Also included in the request is the
installation of a 25' high freestanding pylon sign on the KateUa Avenue frontage consistent
with the Warland Specific Plan and zoning regulations. The applicant had indicated, however,
that a second freestanding pylon sign is necessary in order to establish a major anchor tenant
into a predominantly business park setting. The applicant had requested, and had received,
an amendment to the Warland Specific Plan to permit a second freestanding pylon sign. This
application is to be considered by the City Council at a later time. Staff indicated that this
project should represent a positive asset to the City, its residents and neighbors and,
therefore, recommended approval subject to conditions.
Councilman Coronado expressed concern at a letter received from Coldwell Banker which
indicated that if two free-standing pole signs were not approved, it would result in the loss of
Ross Stores as the anchor tenant and Warland Investments Ltd. would be unable to proceed
with the project.
Councilman Partin indicated that he had no problem with the sign proposal if one is to be
located on Knott Street and one on KateUa A venue.
Mayor Kanel explained that the signs are necessary to attract potential customers' attention.
Howard Thompson, 16520 Aston Street, Irvine, spoke in support of the project and answered
questions from the Council.
Bart Brown, Associate Vice President of Coldwell Banker, 2100 Orangewood Avenue, Suite
100, Orange, spoke in support of the project and stressed the importance of approval for the
proposed signing.
Rueban Martinez, 9040 Telestar, EI Monte, spoke in support of the proposal.
Carl Robertson, of Warland Investments Ltd., summarized the background of the proposal and
reported that the developers do not want this plaza to resemble every other community
shopping center.
There was no opposition to Conditional Use Permit No. 85-4.
It was moved by Councilman Coronado and seconded by Councilman Partin to close the public
hearing and adopt the Resolution by title only, title as follows, approving Conditional Use
Permit No. 85-4, subject to the conditions attached in Exhibit "A".
RESOLUTION NO. 2901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 85-4 - WITH CONDITIONS.
The motion carried by the following roll call vote:
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312
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
2 COUNCIL MEMBERS:
Coronado, Partin and Kanel
None
Lacayo and Mullen
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT
PERMIT - THE RITZ GRILL, 6197 BALL ROAD, CYPRESS: Mr. Essex presented a staff
report dated April 2, 1985, representing an application for a Live Entertainment Permit
submitted by Roger H. Crawford, D.B.A. The Ritz Grill, 6197 Ball Road, Cypress, to allow a
trio of musicians to entertain on Tuesdays through Saturdays, from 9:00 p.m. to 1:30 a.m.,
and to allow dancing by the patrons. Mr. Essex added that he had approved a temporary
permit at this establishment in conjunction with its grand opening event pending the conduct
of the official Public Hearing and action by the City Council. No complaints have been
received in regards to this temporary permit.
Jim Curtis, representative for The Ritz Grill, 6197 Ball Road, spoke in support for approval
of this application and answered questions from the Council.
There was no opposition to this application.
It was moved by Councilman Coronado and seconded by Councilman Partin to close the public
hearing and approve the permit subject to the condition that the City Council has the right to
reconsider the granting of the permit in the event that noise or other problems associated
with the operation at the premises rises to a level which is of concern to the neighbors. The
motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
3 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
2 COUNCIL MEMBERS:
Coronado, Partin and Kanel
None
Lacayo and Mullen
AT 8:30 P.M. COUNCILMAN LACAYO AR.RIVED AT THE MEETING.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-6,
EXPANSION OF EXISTING NON-CONFORMING SERVICE STATION, 4002 BALL ROAD:
The Planning Director presented a staff report dated April 1, 1985, which represents a
request to expand a non-conforming use to allow the construction of a gasoline island
containing two gasoline pump dispensers and expansion of the existing canopy at 4002 Ball
Road. The subject property is located at the southeast corner of Ball Road and Bloomfield
Street. The site containS approximately 22,500 square feet and is currently developed with a
Union Oil Service Station containing two gasoline pump islands. This proposal is for the
construction of a new gasoline pump island to the south of an existing island which is
adjacent to Ball Road. Staff recommended approval subject to conditions.
Tufan Ince, representing the Union Oil Company of California, spoke in support of the
request, and asked for clarification of Condition No.5 regarding the three foot landscaped
planter, and Condition No.6 regarding the off-site landscape and irrigation system's
installation and maintenance.
The Planning Director responded that a larger landscaping planter is acceptable and the
Public Works Director clarified the location of the irrigation system.
Mr. Ince questioned Page 2 of the staff report which states that sufficient parking and
landscaping have been provided on-site in conformance with the Zoning Ordinance
requirements, and asked why additional landscaping is necessary if it is presently in
conformance. Chris Eynon explained that if all the conditions are met, sufficient parking and
landscaping will be provided.
There was no opposition to this proposal.
It was moved by Councilman Partin and seconded by Councilman Coronado to close the public
hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use
Permit No. 85-6, subject to all conditions.
RESOL UTION NO. 2902
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 85-6 - WITH CONDITIONS.
The motion unanimously carried by the following roll call votez
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Ap r i I 8, 1985
31:{
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-7 AND
TENTATIVE TRACT MAP NO. 12385, TEN UNIT CONDOMINIUM PROJECT AND DENSITY
BONUS ALLOWANCE AT 5462 DE LONG STREET: The Planning Director summarized a
staff report dated March 29, 1985, representing a request to construct ten two-story
condominium units with attached two-car garages and five open guest parking stalls on a .54
acre site located at 5462 De Long Street in a Residential Multiple-Family Zone. Included in
the request is a two unit density bonus allowance and one lot tract map. The site presently
contains an old, deteriorating single-family residence with the majority of the site being
unused and vacant. Staff indicated that the applicant has not provided staff with information
relative to the method in which the density bonus units will be secured for affordable
hou!';ing. Staff felt that it is crucial to the success of an effective housing program that
procedures for condominium density bonuses be adopted prior to the approval of any such
project in order to provide the City with assurances that the project will be developed
consistent with the goals and objectives of the Cypress Housing Element as well as State
Law. Due to the lack of an established procedure, staff recommended that Conditional Use
Permit No. 85-7 and Tentative Tract Map No. 12385 be continued until April 22, 1985, in
order to permit the proposal of a comprehensive density bonus program procedure. Staff
indicated that the applicant was apprised of staff's recommendation for a continuance, but
indicated that he would still seek approval of the request at this time.
Mr. Bob Gilbert, of Manor Builders, 4522 Lincoln Avenue, Suite 204-A, spoke in support for
approval at this time and indicated that he anticipates agreement to any conditions of
approval by the staff or Council.
Mr. Jesse Black, 5422 De Long Street, expressed his concern over the traffic flow in the
area, the block wall to be constructed at the rear of the property, and the utility services to
the units. The Planning Director responded that Condition No.3 states that a minimum six
foot high block wall shall be constructed along the south and west property lines; Condition
No. 12 states that all secondary and primary utility services shall be underground; and the
Traffic Engineer has determined that the increase in traffic should not create any problems.
Mr. Don Bradley, 5441 De Long Street, expressed opposition to the two-story units due to the
potentfallack of privacy at his home, and reported that the police patrol is inadequate on
Walker and indicated that speeding vehicles is a major concern.
Mr. Manuel Machado, 5432 De Long Street, spoke in opposition to the project and to
prefabricated units.
Mr. Black addressed the Council once again, questioning the location of the sidewalks and
parkways in conjunction with the curbs, adding that across the street from this proposed
project site there are no sidewalks or parkways and concluded by stating that parkways
create additional maintenance.
Susan Versage, 5352 De Long, and representing her mottu:'f, Grace Hungerford, who f'CllMfdCllI!! at
8701 Walker, spoke in opposition to the addition of the two density bonus units, and added her
concern regarding traffic congestion. Ms. Versage indicated that neither she nor her mother
had received notice of this public hearing and requested that if this hearing is continued that
notices be remailed informing the residents of the continuance and the date and time for the
hearing. Mayor Kanel indicated that staff would remail the notices.
It was moved by Councilman Coronado and seconded by Councilman Partin to continue this
item to the meeting of April 22 to enable staff to research the issue of density bonus and the
parkway concerns. The motion unanimously carried 4-0, Councilman Mullen absent.
CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF 1982 BUILDING CODES, 1982
PLUMBING CODES, AND 1984 ELECTRICAL CODE, WITH CERTAIN AMENDMENTS
THERETO: The Public Works Director presented a staff report dated April 2, 1985, outlining
the request for adoption of the 1982 Building Codes, 1982 Plumbing Codes, and 1984
Electrical Code, with certain amendments. The City of Cypress enforces building activities
by having adopted several uniform codes. These codes are Chapters 5 and 14 of the Building
Codes; Chapter 19 of the Plumbing Codes; and Chapter 8 of the Electrical Code. The Public
Works staff utilized the services of Willdan Associates to comprehensively review the
numerous uniform code documents and develop the technical amendments.
Mr. Jim Guerra from Willdan Associates answered questions from the Council and encouraged
adoption of the codes.
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Ap r i I 8, 1 9 8 5
Stan Boettcher, Deputy Fire Marshal, spoke in support of adoption of the 1982 Uniform Fire
Code.
After considerable discussion, it was moved by Councilman Lacayo and seconded by
Councilman Coronado to close the public hearing and adopt the Resolutions by title only,
titles as follows, and approve the first readings of the Ordinances by title only, titles as
follow, regarding the adoption of the various Building Codes, Plumbing Codes, and Electrical
Code of the City of Cypress affecting Chapters 5, 8, 14, and 19 of the Cypress City Code.
RESOLUTION NO. 2903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPERSEDING RESOLUTION NO. 2891 AND SETTING FORTH THE LOCAL
CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE
CITY COUNCIL THAT MODIFICATIONS TO CERTAIN OF THE FOLLOWING
CODES ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE
CITY OF CYPRESS: THE 1982 EDITION OF THE UNIFORM BUILDING
CODE, THE 1982 EDITION OF THE UNIFORM MECHANICAL CODE, THE
1982 EDITION OF THE UNIFORM HOUSING CODE, THE 1982 EDITION
OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, THE 1982 EDITION OF THE UNIFORM FIRE CODE, THE
1982 EDITION OF THE UNIFORM BUILDING CODE STANDARDS, AND
THE 1982 EDITION OF THE UNIFORM FIRE CODE STANDARDS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 AND REPEALING
SECTIONS 5-3 AND 5-4 OF CHAPTER 5 AND CHAPTER 14 OF THE
CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1982
EDITION OF THE UNIFORM BUILDING CODE, THE 1982 EDITION
OF THE UNIFORM MECHANICAL CODE, THE 1982 EDITION OF THE
UNIFORM HOUSING CODE, THE 1982 EDITION OF THE UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1982 EDITION
OF THE UNIFORM FIRE CODE, THE 1982 EDITION OF THE UNIFORM
BUILDING CODE STANDARDS, AND THE 1982 EDITION OF THE
UNIFORM FIRE CODE STANDARDS.
RESOLUTION NO. 2904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPERSEDING RESOLUTION NO. 2892 AND SETTING FORTH THE
LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN
MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CERTAIN
OF THE FOLLOWING CODES ARE REASON ABLY REQUIRED BY LOCAL
CONDITIONS WITHIN THE CITY OF CYPRESS: THE 1982 EDITION
OF THE UNIFORM SWIMMING POOL CODE, THE 1982 EDITION OF
THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING
CODE MATERIAL AND INSTALLATION STANDARDS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY
ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS THERETO. THE 1982 EDITION OF THE UNIFORM
PLUMBING COD~ TH. E 1982 EDITION OF THE UNIFORM
SWIMMING PO L CODE THE 1982 EDITION OF THE
UNIFORM SOLAR ENEROY CODE, AND THE UNIFORM
PLUMBING CODE MATIUt~L'^NInN8TALLATION IITANDARDS.
RESOLUTION NO. 2905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPERSEDING RESOLUTION NO. 2893 AND SETTING FORTH THE LOCAL
CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE
CITY COUNCIL THAT MODIFICATIONS TO THE 1984 EDITION OF THE
NATIONAL ELECTRICAL CODE ARE REASONABLY REQUIRED BY LOCAL
CONDITIONS WITHIN THE CITY OF CYPRESS.
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Ap r i I 8, 1 9 8 5
315
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY
ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE 1984
EDITION WITH CERTAIN AMENDMENTS.
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 THE CONSTRUCTION OF THE
COMMUNITY DEVELOPMENT PROJECT, TENTH YEAR PROGRAM, VONNIE LANE FROM
WALKER STREET TO CYPRESS AVENUE AND CYPRESS AVENUE FROM VONNIE LANE
TO DANNY AVENUE, CITY OF CYPRESS PROJECT NO. 8319-10: A staff report dated
March 20, 1985, was presented which outlines the twelve bids received for the construction
of the Community Development Project, Tenth Year Program, Vonnie Lane from Walker
Street to Cypress Avenue and Cypress Avenue from Vonnie Lane to Danny Avenue. The
project is fully funded by H/CD funds; there are sufficient funds appropriated and budgeted
to cover the cost of this proposal.
It was moved by Councilman Lacayo and seconded by Councilman Partin to award a contract
for the construction of Community Development Project, Tenth Year Program, Vonnie Lane
from Walker Street to Cypress Avenue and Cypress Avenue from Vonnie Lane to Danny
Avenue, to J.E.G. Construction Company, Inc., P.O. Box 3024, Pomona, in the amount of
$129,698.10. 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 OF CONSTRUCTION SURVEY CONTRACT
FOR THE COMMUNITY DEVELOPMENT PROJECT, TENTH YEAR PROGRAM, VONNIE
LANE FROM WALKER STREET TO CYPRESS AVENUE AND CYPRESS AVENUE FROM
VONNIE LANE TO DANNY AVENUE, CITY OF CYPRESS PROJECT NO. 8319-10:
A staff report dated March 26, 1985, was presented outlining the 6 bids received for
professional construction survey services for the Community Development Project, Tenth
Year Program. The construction survey cost is financed by H/CD funds.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to award a
contract for the construction survey for the Community Development Project, Tenth Year
Program, Vonnie Lane from Walker Street to Cypress Avenue and Cypress Avenue from
Vonnie Lane to Danny Avenue, to Bush & Associates, Inc., 5521 Dollar Drive, Huntington
Beach, in the amount of $2464. 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
It was moved by Councilman Coronado and seconded by Councilman Lacayo, and acting as
the ex-officio governing Board of Directors for the Cypress Recreation and Park District to
award the contract for the landscaping of the Community Center to Asahi Landscape, 13602
Milton Avenue, Westminster, in the amount of $8,948.75. 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
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City Council Minutes
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Ap r i I 8, 19 8 5
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF SHADE
SHELTER, MANZANITA PARK, REQUEST FOR QUOTATION NO. 8485-32: A staff report
was presented dated March 29, 1985, outlining the two bids received for the construction of a
shade shelter at Manzanita Park.
It was moved by Councilman Partin and seconded by Councilman Lacayo, and acting as the
ex-officio governing Board of Directors for the Cypress Recreation and Park District, to
award the contract for the shade shelter to Tucker Construction, 1949 Federal Avenue, Costa
Mesa, in the amount of $3,676.77. 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 THE CONSTRUCTION OF SECURITY
FENCE AT CEDAR GLEN PARK REQUEST FOR QUOTATION NO. 8485-33: A staff report
was presented dated March 29, 1985, outlining the two bids received for the construction of a
security fence at Cedar Glen Park.
It was moved by Councilman Coronado and seconded by Councilman Lacayo, and acting as
the ex-officio governing Board of Directors for the Cypress Recreation and Park District, to
award the contract for the security fence to Tucker Construction, 1949 Federal Avenue,
Costa Mesa, in the amount of $2,731.25. 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 MISCELLANEOUS IRRIGATION
SUPPLIES, REQUEST FOR QUOTATION NO. 8485-34: A staff report was presented dated
April 1, 1985, outlining the nine bids received for miscellaneous irrigation supplies. The City
would save approximately $300.00 by splitting the bid between two vendors, those being
Pacific Irrigation Supply, Inc., and Coast Irrigation Supply, Inc. Approximately 1/2 of the
total expenditure will be for items used to install a new sprinkler system on the north end
side of Cerritos Avenue between Walker and Moody. The remaining items are required to
repair the existing sprinkler system on the playing fields at Oxford Junior High School.
It was moved by Councilman Partin and seconded by Councilman Lacayo to award the
contract to Pacific Irrigation Supply, Inc., 23432 South Pointe Drive, Laguna Hills, in the
amount of $3,794.70 and a second contract to Coast Irrigation Supply, Inc., 31245 "A" La
Baya Drive, Westlake Village, in the amount of $2,775.12, for a total expenditure of
$6,569.82. 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 "Consent Calendar" were 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. 15 - 29-C on the Consent Calendar. 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. 15: Motion to Approve City Council Minutes of the Regular Meeting of March 25,
1985.
Recommendation: That the City Council approve the Minutes of March 25, 1985, with an
abstention vote by Councilman Coronado and an absent vote by Councilman Mullen due to
their absences at the March 25, 1985 meeting.
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City Council Minutes
3\7
Ap r i I 8, 19 8 5
Item No. 16: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration
by Title Only and to Waive Further Reading.
Item No. 17: Consideration of Proclaiming April 1985, as "Cancer Control Month".
Recommendation: That the Mayor and City Council officially proclaim April 1985, as
"Cancer Control Month" in the City of Cypress.
Item No. 18: Consideration of Proclaiming April 14 - 20, 1985, as "Orangewood Week" and
April 18, 1985, as "Orangewood Day" in the City of Cypress as requested.
Recommendation: That the Mayor and City Council officially proclaim April 14-20, 1985, as
"Orangewood Week" and April 18, 1985, as "Orangewood Day" in the City of Cypress as
requested.
Item No. 19: Consideration of Proclamation Commending the Efforts of the Southern
California Head Injury Foundation, Inc.
Recommendation: That the Mayor and City Council officially adopt a Proclamation
commending the efforts of the Southern California Head Injury Foundation, Inc.
Item No. 20: Consideration of Proclaiming April 21 - 27, 1985, as "Week of the Young Child".
Recommendation: That the Mayor and City Council officially proclaim April 21-27, 1985, as
the "Week of the Young Child" in the City of Cypress.
Item No. 21: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Michael Bahu and Shafiq Batshoun, D.B.A. T.J.'s Market, 4502 Lincoln Avenue,
Cypress.
Recommendation: Receive and file.
Item No. 22: Consideration of a Request from the St. Irenaeus Fiesta Committee for Waiver
of Fees for the St. Irenaeus Catholic Church's Annual Fiesta.
Recommendation: That the City Council grant the request to waive all required fees for the
St. Irenaeus Catholic Church's 22nd Annual Fiesta to be held on June 22 and 23, 1985, with
the condition that no-fee building and electrical permits be obtained for carnival activities.
Item No. 23: Consideration of Resolution Commending Captain Edwin W. Robertson Upon
His Retirement From the Cypress Police Department.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending Captain Edwin W. Robertson upon his retirement after over 21 years of service
with the City of Cypress.
RESOLUTION NO. 2906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CAPTAIN EDWIN W. ROBERTSON UPON HIS RETIREMENT
AFTER OVER 21 YEARS OF SERVICE WITH THE CITY OF CYPRESS.
Item No. 24: Consideration of Design Review Committee Approval of #85-8.
Recommendation: Receive and file.
Item No. 25: Consideration of Acceptance of Improvements of Patterned Concrete on
Median Island Noses on Valley View Street from Lincoln Avenue to South City Limits, City of
Cypress Project No. 8519-90.
Recommendation: That the City Council: 1) Approve the contract change awarded to
Onicnac Custom Construction Company from the original award of $46,189 to the final cost
of $49,392.20; 2) Accept the improvements of patterned concrete on median island noses on
Valley View Street from Lincoln Avenue to South City Limits as being satisfactorily
completed in accordance with the Plans and Specifications; 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. 26: Consideration of Supplemental Agreement for Street Construction and Traffic
Signal Improvements on Katella Avenue and Valley View Street - F.A.U. Project No. M-3041
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Ap r i I 8, 1 9 8 5
(202), City of Cypress Project No. 8430-10.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
approving Supplement No. 11 to Master Agreement 07-5330 for the Katella Avenue/Valley
View Street F.A.U. Project and authorize the Mayor and City Clerk to execute the
Supplemental Agreement on behalf of the City.
RESOLUTION NO. 2907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING SUPPLEMENT NO. 11 TO LOCAL AGENCY - STATE AGREEMENT
NO. 07-5330, PROVIDING FOR STREET CONSTRUCTION AND TRAFFIC SIGNAL
IMPROVEMENTS ON KATELLA AVENUE AND VALLEY VIEW STREET.
Item No. 27: Consideration of Recommendations of Traffic Commission Meeting of March
19, 1985.
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 "No Parking Any Time" zone on the south side of Lincoln Avenue, west of
Holder Street.
RESOLUTION NO. 2908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A "NO PARKING ANY TIME" AREA ON LINCOLN
A VENUE, SOUTH SIDE, WEST OF HOLDER STREET.
Item No. 28: Consideration of Agreement Between MDC Realty Company, City of Cypress,
and the Orange County Flood Control District, City of Cypress Project No. 8554-90.
Recommendation: That the City Council approve the Agreement between MDC Realty
Company, City of Cypress, and the Orange County Flood Control District to construct Bolsa
Chica Channel between the railroad tracks and Plaza Drive, City Project No. 8554-90, and
authorize the Mayor to execute the Agreement and the City Clerk to attest on behalf of the
City.
Item No. 29: Consideration of Acceptance of Landscaping Improvements on Orange Avenue
Fronting Texaco Tank Farm, City of Cypress Project No. 8521-90.
Recommendation: That the City Council 1) Approve the change in the contract awarded to
Siapin Horticulture from the original award of $28,331.63 to the final cost of $30,434.44;
Accept the improvements of the landscaping of Orange A venue parkway fronting Texaco
Tank Farm as being satisfactorily completed in accordance with the Plans and Specifications;
and 3) Authorize the City Clerk to release the Labor and Materials 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 materials
or workmanship become evident.
Item No. 29-A: Consideration of Adoption of a Resolution Commending Eagle Scout Patrick
Charles Paulsen.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending Boy Scout Patrick Charles Paulsen on achieving the rank of Eagle Scout.
RESOLUTION NO. 2909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT PATRICK CHARLES PAULSEN ON ACHIEVING
THE RANK OF EAGLE SCOUT.
Item No. 29-B: Consideration of Proclaiming April 16, 1985, as "Day of the Teacher".
Recommendation: That the Mayor and City Council officially proclaim April 16, 1985, as
"Day of the Teacher" in the City of Cypress.
Item No. 29-C: Consideration of City Council Endorsement of Senate Bill 639 Relating to
the Deep Pocket Ruling.
Recommendation: That the City Council go on record in support of Senate Bill 639, and
authorize the Mayor to send letters of support to the appropriate legislators.
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Ap r i I 8, 1985
319
DEFERRED BUSINESS:
CONTINUATION OF CONSIDERATION OF CITY COUNCIL COMPENSATION: Mr. Essex
presented a staff report dated March 21 and April 3, 1985, for consideration of City Council
compensation, which was continued from the meeting of March 25. The current salary of
$200 per month has not been changed since 1972. 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. At the present time, the City Council under this 5% per year
formula is eligible for a monthly salary of $377.14. This compensation is $22.86 per month
lower than that $400 per month salary which is allowed in the current Government Code for
cities in Cypress' population range of over 35,000, up to an including 50,000.
Mayor Kanel indicated that Councilman Mullen had submitted a letter before he left on
vacation stating his support for the increase in Council compensation.
It was moved by Councilman Partin and seconded by Councilman Lacayo to approve the first
reading of the Ordinance, by title only, title as follows, establishing the monthly
compensation for the Mayor and Council Members to be $377.14.
ORDIN ANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING THE CYPRESS MUNICIPAL CODE BY REVISING CERTAIN
SECTIONS THEREOF AND AUTHORIZING INCREASES IN COUNCIL
SALARIES TO ACHIEVE CONSISTENCY WITH SECTION 36516
OF THE CALIFORNIA GOVERNMENT CODE.
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:
CONSIDERA TION OF BUDGET ADJUSTMENT FOR GENERAL SERVICES AIDE: Mr. Essex
presented a staff report dated April 3, 1985 for consideration of a budget adjustment for a
General Services Aide, which is included in the 1984-85 budget as a permanent part-time
position lending support for the print shop and receptionist operations. The addition of
twenty hours per week for this postion would not only allow a conservative start-up of the
City's video production capability, but also allow the Civic Center switchboard to remain
open during the lunch hour.
It was moved by Councilman Lacayo and seconded by Councilman Partin to authorize
adjustment of the General Services Aide to full time status and appropriate $1814 from the
fund balance of the General Fund and $1036 from the fund balance of the Central Service
Fund to the Personnel accounts as outlined in the report dated April 3, 1985. 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 EXISTING STATE AND CITY REQUIREMENTS REGARDING DENSITY
BONUSES: A staff report was presented dated April 1, 1985, regarding the existing State and
City requirements regarding density bonuses. According to State Law, "when a developer of
housing agrees to construct at least 1) 2596 of the total units of a housing development for
persons and families of low or moderate income, or 2) 1096 of the total units of a housing
development for lower-income households, and 3) 5096 of the total dwelling units of a housing
development for qualifying residents, a city, county, or city and county shall either (a) grant
a density bonus or (b) provide other incentives of equivalent financial value". In the past
Cypress has only received requests for density bonuses on rental units. After review with the
City Attorney it was found that if the City Council would prefer stricter controls over rents
and/or sale prices for density bonus units, the vagueness with which the State Law was
written would permit it. It would, however, require some additional research by staff to
address Issues, such as resale controls for ownership units, qualification criteria for
establishing rents and/or sale prices and methods to be used by staff in regulating the
programs to insure compliance.
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Ap r i I 8, 1 9 8 5
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It was moved by Councilman Lacayo and seconded by Councilman Partin to direct staff to
research alternative methods of applying the density bonus to include the following: 1)
criteria for establishing rents and/or sale prices in relation to the low-to-moderate county
average; 2) resale controls for ownership units; and 3) regulating procedures to be
implemented by the City to insure compliance with Cypress' requirements. The motion
unanimously carried 4-0, Councilman Mullen absent.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
NO. 8848 - 9075: It was moved by Councilman Lacayo and seconded by Councilman Coronado
to approve the Warrant List for Warrant Nos. 8848 - 9075, in the total amount of
$700,203.65. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Coronado, Lacayo, Partin and Kanel
None
Mullen
In regard to the Sanitation District update added to the Agenda as Item No. 33-A by
Councilman Partin, he reported that he had asked the City Manager and the Public Works
Director to investigate the deterioration of the City manholes due to the gases generated by
the Sanitation District lines. Councilman Partin indicated that the Sanitation District will
contribute to the cost of rebuilding the deteriorating manholes located on City property with
reimbursement as follows: For the first 24 months, 90% of cost; from 24 to 36 months, 60%;
36 to 48, 30% and after four years, 0%. Councilman Partin stressed investigating the City's
situation to take advantage of the reimbursement plan.
RECREATION AND PARK DISTRICT MATTERS:
The City Council Acting as the Ex Officio Governing Board of Directors of the Cypress
Recreation and Park District.
CONTINUATION OF CONSIDERATION OF RECREATION AND COMMUNITY SERVICES
COMMISSIONERS' APPOINTMENTS AND TERMS OFFICE: Consideration of Recreation and
Community Services Commissioners' appointments and terms of office was continued from
the meeting of March 25, 1985 to enable full Council review. Due to the absence of
Councilman Mullen, Mayor Kanel, hearing no objections, continued this item to the meeting
of April 22, 1985.
WRITTEN AND ORAL COMMUNICATIONS:
Roger Kinder, 5243 Cumberland Drive, Cypress, reported the disturbance created by two
barking dogs owned by neighbors. Mr. Kinder reiterated the problems discussed in the past of
harassment and vandelism that have occurred to his family and home and again threatened a
lawsuit if the City does not correct the problems.
Mr. Essex reported that this complaint represents an on-going neighborhood dispute between
the Kinder family and the surrounding neighbors and advised that because of the threat of
possible litigation the Council should not discuss this matter, and indicated that the City
would continue to attempt to resolve the existing problems.
ADJOURNMENT: At 10:10 p.m., it was moved by Councilman Lacayo and seconded by
Councilman Partin to adjourn the meeting to April 15, 7:30 p.m., at the Community Center,
5700 Orange Avenue, to discuss the berm located adjacent to the Stanton Storm Channel.
MAY
ATTEST:
/ /1.
CITy'c[~AK<tF f~E~~OF CYPRESS
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