Minutes 85-11-25
478
MINUTES OF THE MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 25, 1985
The regular meeting of the Cypress City Council was called to order at 7:35 p.m., on Monday,
November 25, 1985, in the City Council Chambers, 5275 Orange Avenue, Cypress, California,
Mayor Otto Lacayo presiding.
PRESENT:
ABSENT:
Council Members Coronado, Kanel, Mullen, Partin and Lacayo
None
Also present were Darrell Essex, City Manager; Mark Huebsch, City Attorney; and the
following staff members: Beardsley, DeCarlo, Eynon, Hurst, Jones, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: City Manager Darrell Essex led the Pledge to the Flag.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak on any item that
was not on the agenda.
Mr. Larry Spaulding, Principal of Dickerson School and Education Chairperson of the Cypress
Chamber of Commerce, has investigated the feasibility of offering scholarships to those
graduating seniors at Cypress High School choosing to pursue a career in the teaching
profession. Mayor Lacayo, hearing no objections, added this item to the agenda as Item No.
27. Councilman Kanel suggested that Kennedy High School be part of the scholarship
program also.
Mr. Mark Till, Theatre Arts Instructor at Kennedy High School, requested Council
consideration of a donation from the City that would help financially support the conversion
of a room at Kennedy High into a fully operational studio theatre to house the Drama and
Choir Departments, which Mayor Lacayo added as Item No. 28. Mr. Till reported that the
drama students from Kennedy High School were prepared to present a skit from West Side
Story.
Following the presentation, it was moved by Councilman Kanel and seconded by Councilman
Coronado to appropriate from the Fund Balance of the General Fund the amount of $2,500 to
Account No. 4163-11-117.02, in support of the theatre arts programs. The motion
unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
Councilman Mullen suggested that staff contact the cities of Buena Park and La Palma
advising them of the Council's action and encouraging their financial support.
RECESS: At 7:50 p.m., Mayor Lacayo called a recess and the meeting reconvened at 7:58
p.m.
STAFF REPORTS AND DISCUSSION: Mayor Lacayo asked for additions or corrections to the
agenda.
Councilman Kanel requested discussion on the following items: 1) Refrigeration trucks
parked behind Albertson's on Valley View at Ball; and 2) Requirements for operating a gun
shop. Mayor Lacayo, hearing no objections, added these items to the agenda as Item Nos. 29
and 30, respectively.
Mayor Lacayo requested staff's comments as soon as possible on the letter received from the
First Baptist Church.
Councilman Mullen added the consideration of support of the communciation from the
Californians Against Waste regarding the bottle bill, which the Mayor, hearing no objections,
added to the agenda as Item No. 31.
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City Council Minutes
ti79
November 25, 19~5
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: SPECIFIC PLAN NO. 85-
1, GENERAL PLAN AMENDMENT NO. 85-2, ZONE CHANGE NO. 85-2, AND FINAL
ENVIRONMENTAL IMPACT REPORT, CYPRESS VALLEY VIEW LIMITED, SOUTHWEST
CORNER OF V ALLEY VIEW STR.EET AND CERRITOS AVENUE: Mayor Lacayo opened the
public hearing and the Planning Director summarized the staff report dated November 19,
1985 for a request from Cypress View Limited, 417 South Hill Street, Suite 500, Los Angeles,
for consideration of Specific Plan No. 85-1, General Plan Amendment No. 85-2, Zone Change
No. 85-2, and Final Environmental Impact R.eport for property located on the southwest
corner of Valley View and Cerritos. Staff indicated that this proposal represented arduous
negotiations between the staff and Developer to facilitate the development of the subject
property and to ensure that all environmental concerns have been adequately addressed. Due
to the time constraints of the Developer involved in a potential lease/sale agreement, staff
has made every effort to expedite its evaluation of the subject proposal. Much of the project
information/material was received at the last minute from the Developer's consultants and
proved to be inconsistent in many areas that had already been resolved. Therefore, staff
recommended additional conditions of clarification to the Specific Plan and Environmental
Impact Report. Staff recommended approval subject to the amended conditions.
Councilman Coronado indicated that he would like to continue this item to enable additional
time for review and expressed concern regarding the commercial center located on the
southwest corner of Valley View and Cerritos, questioning whether that center could be
incorporated with the proposed plan. The Planning Director indicated that the property is
not Mr. Harvey's and that the City could not become involved in requiring a consolidation of
the property.
Mr. Larry Harvey, property owner, speaking in support of the project, briefed the Council on
the amount of time and effort spent on the project thus far. With respect to the corner of
Valley View and Cerritos, he indicated that he is in the process of contacting the property
owners regarding the feasibility of acquiring the property. He indicated his willingness to
work with the City so that the impact of that corner is minimized with respect to this
project. Mr. Harvey stated his agreement to all conditions, including amendments to the
conditions, adding that he felt some clarification is needed regarding the standards to be used
in considering the quantity of retail that staff is suggesting, but added his confidence that it
could be resolved.
Discussion ensued with Mr. Harvey indicating that a conflict does exist between the Cypress
View Limited's proposal of three acres of retail, which would result in a 33% coverage, and
staff's proposal of 60,000 square feet, which would be a 50% coverage. Mr. Harvey
questioned the computation if mixed use retail is used.
Mr. Essex clarified that staff's concern is that depending on which direction the Develper
chooses to proceed would dictate whether the requirement is 60,000 square feet or three
acres. Mr. Essex added that market studies are required.
Following discussion, Mr. Harvey indicated that he is willing to accept the conditions at this
time and reiterated that the concern regarding the quantity of retail could be worked out
with staff. Mr. Harvey thanked the staff for their effort in this project.
The City Attorney requested that Mr. Harvey initial the latest amended changes to Exhibits
"c" and liD".
Councilman Mullen requested a summary of the amendments as proposed to Exhibits "C" and
liD". He also inquired whether a specific index should be used as a referral to eliminate
confusion regarding constant dollar figures. Public Works Director Bob Beardsley indicated
that the Engineering News Record Construction Cost Index (ENR) for the Los Angeles Area
could be used.
Mr. Phil Maynard, 200 East Sandpoint, Suite 800, Santa Ana, Counsel for Larry Harvey and
Cypress View Limited, indicated agreement to using the ENR Construction Cost Index
recommended by Mr. Beardsley.
Associate Panner Vern Jones summarized the proposed changes to Exhibits "C" and "D".
Mayor Lacayo questioned whether Mr. Maynard was in agreement with the conditions and
amendments, as well as the staff report dated November 19, 1985. Mr. Maynard, on behalf of
Cypress View Limited and Mr. Harvey, indicated his acceptance of all conditions and the
staff report, however added that there are issues that need to be addressed in the future.
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November 25, 1985
Mr. Al Roberts, 3251 Main Way, Los Alamitos, operator of the Unicorn establishment at the
corner of Valley View and Cerritos, was present to obtain information on the plans for that
corner and in response to an inquiry indicated that he does not know the intent of the
property owner regarding this parcel. The Mayor suggested that Mr. Roberts contact the
owner to inform him of the status of the adjacent property.
It was moved by Councilman Kanel and seconded by Councilman Mullen to close the public
hearing and to adopt the Resolution by title only, title as follows, certifying the Final
Environmental Impact Report with conditions and modifications.
RESOLUTION NO. 3009
A RESOLUTION OF THE CITY COUNCIL/PLANNING AGENCY OF THE CITY
OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE FINAL ENVIRONMENTAL
IMP ACT REPORT FOR CYPRESS VALLEY VIEW LIMITED.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt the
Resolution by title only, title as follows, approving General Plan Amendment No. 85-2.
RESOLUTION NO. 3010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING GENERAL PLAN AMENDMENT NO. 85-2.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt the
Resolution by title only, title as follows, approving Specific Plan No. 85-1 subject to
conditions and modifications.
RESOLUTION NO. 3011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
SPECIFIC PLAN NO. 85-1, CYPRESS VALLEY VIEW LIMITED.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
It was moved by Councilman Kanel and seconded by Councilman Mullen to approve the first
reading of the Ordinance by title only, title as follows, changing the zoning of certain
property located at the southwest corner of Valley View and Cerritos Avenue.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS BY
CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM
BP-20,000 AND CG-10,000 TO PC-25/A (ZONE CHANGE NO. 85-2)
AND ADOPTING DEVELOPMENT STANDARDS FOR SAID PROPERTY.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
T
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
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City Council Minutes
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CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR
SPECIAL PERMIT - MR. ROBERT ALLEN HARTZELL - STUDENT WORK PROGRAM:
Mayor Lacayo opened the public hearing and the City Manager indicated that this item was
continued from the meeting of November 12, 1985, in order to allow for further investigation
by the Police Department of the applicant's statement that the issues raised in the last
report were not correct. The fOllow-up investigation has not changed the Police Deparment's
recommendation for denial.
Mr. Robert Hartzell, 21009 Pine Hill Lane, Diamond Bar, indicated that he has not had
adequate time to address each concern listed in the Police report. Mr. Hartzell reported that
the meeting with Sergeant Peterson was short and that the Sergeant ultimately ended up
seeking him out.
Chief Lowenberg clarified that Sergeant Peterson attempted to contact Mr. Hartzell on a
number of occasions and had to seek him out because the Police Department had been
misinformed on the address and telephone number where Mr. Hartzell could be reached. The
Chief further reported that the investigation into Mr. Hartzell's past was negative.
There was no further comments supporting or opposing this permit.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close the
public hearing and to deny the permit because it would not comport with the peace, health,
safety, convenience, good morals and general welfare of the public. The motion unanimously
carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO
CONDITIONAL USE PERMIT NO. 76-7, SENIOR CITIZEN CENTER WITH WEEKLY BINGO
GAMES, CYPRESS SKATEWAY, 6143 BALL ROAD: A staff report was presented dated
November 15, 1985 for continuation of Amendment to Conditional Use Permit No. 76-7 for a
senior citizen center with weekly bingo games. Staff has been advised that the organization
proposing to utilize the Cypress Skateway facility, the National Society of Senior Citizens,
has decided not to pursue this site. Therefore, Mr. Clark has requested a formal withdrawal
of Amendment to Conditional Use Permit No. 76-7 and a refund of the application fee in the
amount of $450.00.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close the
public hearing and to accept the request for withdrawal and to refund the applicant's fee of
$450.00. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
Mayor Lacayo requested that staff return to the January 27, 1986 Council meeting with a
report regarding application fees, addressing the feasibility of different application fees
depending on the size of the business.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-29,
FROZEN YOGURT SHOP, 6875 KATELLA AVENUE: The Mayor opened the public hearing
and the Planning Director presented a staff report dated November 15, 1985 for a request to
establish a frozen yogurt shop at 6875 Katella Avenue in the Target-Cypress Center. The
applicant proposed to occupy an approximately 1,170 square foot lease space facing Knott
Street. The hours of operation would be 10:00 a.m. to 10:00 p.m. daily. Staff recommended
approval subject to conditions.
Mr. and Mrs. Gary Grace, 51 Acacia Tree Lane, Irvine, spoke in support of approval and
agreed to all conditions.
There was no opposition to this proposal.
It was moved by Councilman Kanel 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. 85-29 with conditions.
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City Council Minutes
November 25, 1985
RESOL UTION NO. 3012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 85-29 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85-406, 5712 DANNY
A VENUE: Mayor Lacayo opened the public hearing and Planning Director Chris Eynon
presented a staff report dated November 15, 1985 for a request from Reynaldo De Leon to
consolidate two parcels into one for the purpose of constructing two additional apartment
units at 5712 Danny Avenue. One communication was received requesting clarification.
Staff recommended approval subject to conditions.
Mr. Leon Taylor, 5712 Danny Avenue, was present in support of approval and indicated
agreement to all conditions.
There was no opposition to this request.
It was moved by Councilman Mullen and seconded by Councilman Partin to close the public
hearing and to adopt the Resolution by title only, title as follows, approving Parcel Map No.
85-406 with conditions.
RESOLUTION NO. 3013
A RESOL UTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 85-406 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
CONSIDERATION OF PUBIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT
AUGMENTATION FUNDS: Finance Director Larry Hurst presented a staff report dated
November 18, 1985 regarding the allocation of Special District Augmentation Funds available
to the City. The funds would be allocated between the Cypress Recreation and Park District
and the Cypress Street Lighting District No.2.
There was no opposition to this allocation.
It was moved by Councilman Kanel and seconded by Councilman Coronado to close the public
hearing and to adopt the Resolution by title only, title as follows, allocating Special District
Augmentation Fund.
RESOLUTION NO. 3014
A RESOL UTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ALLOCATING SPECIAL DISTRICT AUGMENTATION FUND.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
Mayor Lacayo, hearing no objections, announced that Item No.8 would be taken out of order
and heard at this time.
CONSIDERATION OF AWARD OF CONTRACT FOR THE RE-ROOFING OF THE EAST AND
WEST WINGS OF THE ADMINISTRATION BUILDING, RE-SATURATING THE ROOF OF THE
MAIN BUILDING AT THE MAINTENANCE YARD, AND MISCELLANEOUS ROOF REPAIRS
AT THE COMMUNITY CENTER, CITY OF CYPRESS PROJECT NO. 8632-90: Public Works
Director Bob Beardsley presented a staff report dated November 19, 1985, outlining the nine
bids received for roofing repairs. J.A. Dillingham Roofing, Inc., although the apparent low
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City Council Minutes
November 25, 1985
bid, does not meet specifications for the following reasons: 1) The Company has not been in
business for five years, therefore, no past history of its reliability exists; 2) References were
incomplete; and 3) the bid was submitted based on alternate materials than specified for this
project. Staff recommended award of contract to A &. C Construction Company, the lowest
bidder meeting specifications.
In response to Councilman Kanel's concern over the ability for new companies to become
established, Mr. Beardsley indicated that with this roofing project the experience is
extremely important.
Mr. Richard Salyer, 8485 E. Florence, Downey, Attorney for J.A. Dillingham Company,
reported that the men involved in this company have been in the roofing business for 15 years
and added that the Company would post a Performance Bond. Mr. Salyer further added that
the Garland Company, the alternate proposed company, would supply a 10-year guarantee on
the roofing materials. Mr. Salyer further reported that the attorney for the Garland
Company is present should the Council need additional information.
Mayor Lacayo suggested that consideration of award of contract should be continued pending
a detailed staff report, to be submitted as soon as possible. The Council concurred, with
Councilman Mullen indicating that staff should meet with the J .A. Dillingham Company.
It was moved by Councilman Partin and seconded by Councilman Coronado to continue this
award of contract until additional information could be received. Mayor Lacayo, hearing no
objections, so ordered it continued.
Mayor Lacayo, hearing no objections, announced that Item No. 21 would be taken out of order
and heard at this time.
NEW BUSINESS:
CONSIDERATION OF RECOMMENDATION FROM TRAFFIC COMMISSION MEETING OF
NOVEMBER 19, 1985: A staff report was presented dated November 20, 1985, representing
the direction by the City Council from the meeting of November 12, that staff return with a
report and recommendation from the Traffic Commission meeting of November 19, 1985,
regarding the request from Mr. Rainville of 8812 Walker Street, for a driveway on Walker
Street from his property. Due to the elimination of parking on Walker Street, Mr. Rainville
does not have a place to park in close proximity to his home. The Commission found that due
to acceptable sight distance conditions in the area, no hazard exists for a back-out driveway;
however, the Commission reaffirmed the policy of limiting driveway access onto arterial
streets and found that the conditions at 8812 Walker Street were extraordinary and shall not
be considered to set a precedent which might support future, similar requests from other
properties on Walker. Therefore, the recommendation of the Traffic Commission was that
Mr. Rainville be permitted to construct a back-out driveway from his property at 8812
Walker Street onto Walker and that the driveway access be constructed to City standards.
Mr. Rainville spoke in support of the request.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the
Traffic Commission recommendation that a back-out driveway be permitted at 8812 Walker
Street, based on the findings contained in the staff report dated November 20, 1985. The
motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR TWO (2) VIDEO SURVEILLANCE
CAMERAS FOR THE POLICE DEPARTMENT, REQUEST FOR QUOTATION NO. 8586-25: A
staff report was presented dated November 14, 1985 outlining the two bids received for the
purchase of two video surveillance cameras for the Police Department.
It was moved by Councilman Mullen and seconded by Councilman Partin to transfer $55.00
from the Fund Balance of the Central Services Fund to Account No. 4484-90-656-35 and
award the contract to Wescom Enterprises, Inc., 5021 Calmview Avenue, Suite D, Baldwin
Park, for two video surveillance cameras, in the amount of $3,454.24. The motion
unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
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City Council Minutes
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CONSIDERATION OF AWARD OF CONTRACT FOR BUS TRANSPORTATION FOR THE
PARK DISTRICT EXCURSION PROGRAM, REQUEST FOR QUOTATION NO. 8586-20: A
staff report was presented dated November 18, 1985 outlining the five bids received for bus
transportation for the Cypress Recreation and Park District Excursion Program. The period
covered by this contract would be December 1, 1985 through November 30, 1986.
It was moved by Councilman Partin and seconded by Councilman Mullen, acting as the ex
officio governing Board of Directors of the Cypress Recreation and Park District, to accept
the bid of Orange Blossom Lines, Inc., 2041 W. Commonwealth, Fullerton, as the lowest
responsible bidder and award the contract for a one year period. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
CONSENT CALENDAR:
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 Mullen and seconded by Councilman Partin to approve Consent
Calendar Item Nos. 10 - 19. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
;\BSENT:
5 COUNCIL\1:EMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
Item No. 10: Motion to Approve City Council Minutes of the Regular Meeting of November
12, 1985.
Recommendation: That the City Council approve the Minutes of November 12, 1985, as
submitted.
Item No. 11: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration
by Title Only and to Waive Further Reading.
Item No. 12: Consideration of a Resolution Declaring the Results of the Special Municipal
Election Held on November 5, 1985.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
declaring the result of the Special Municipal Election held on November 5, 1985.
RESOLUTION NO. 3015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIP AL
ELECTION HELD IN SAID CITY ON NOVEMBER 5, 1985, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.
Item No. 13: Consideration of Design Review Committee's Approval of #85-37, #85-38, #85-
39, and #85-40.
Recommendation: Receive and file.
Item No. 14: Consideration of Monthly Investment Report for the Month of October 1985.
Recommendation: Receive and file.
Item No. 15: Consideration of Acceptance of the Construction Contract for the Removal and
Replacement of Street Trees and Repair of Curb, Gutter, Driveways, and Sidewalk for
Various Streets in the City of Cypress, Project No. 8520-90.
Recommendation: That the City Council: 1) Approve the contract change from the original
contract award to Walsh Engineering Company of $166,134.50 to the final cost of
$186,985.00; 2) Accept the construction contract for the Removal and Replacement of Street
Trees and Repair of Curb, Gutter, Driveways, and Sidewalk for Various Streets in the City of
Cypress, Project No. 8520-90, as being satisfactorily completed in accordance with the Plans
and Specifications; and 3) Authorize the City Clerk to release the Labor and Material Bond
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November 25, 1985
upon expiration of the required lien period, providing no liens have been filed, and to release
the Faithful Performance Bond upon expiration of one yearfs guarantee, providing no defects
in material or workmanship become evident.
Item No. 16: Consideration of Annual Arterial Highway Financing Program Submittals, City
of Cypress Projects No. 8672-10 (Ball Road) and No. 8408-10 (Crescent Avenue).
Recommendation: That the City Council adopt the Resolutions by title only, titles as follow,
for the following projects requesting inclusion in the 1986/87 Fiscal Year Arterial Highway
Financing Program: 1) Ball Road from Holder Street to Moody Street and from Denni Street
to Bloomfield Street; and 2) Crescent Avenue from 550f west of Watson Street to Walker
Street.
RESOLUTION NO. 3016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE
ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF
BALL ROAD FROM HOLDER STREET TO MOODY STREET AND FROM
DENNI STREET TO BLOOMFIELD STREET.
RESOL UTION NO. 3017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE
ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF
CRESCENT AVENUE FROM 550 FEET WEST OF WATSON STREET
TO WALKER STREET.
Item No. 17: Consideration of Acceptance of Weed Abatement of Seasonal and Recurring
Weeds and Assessment for Weed and Rubbish Abatement for Phase I for the 1985-86
Program.
Recommendation: That the City Council: 1) Approve the contract change with Edwin
Webber, Inc., of Huntington Beach, California, from the original award of $6,820.00 to the
final cost of $12,137.20; 2) Authorize an appropriation from the fund balance of the General
Fund and appropriate $5,318.00 to Account No. 4181-11-271-07; 3) Accept the work of the
Weed and Rubbish Abatement as being satisfactorily completed in accordance with the
specifications for the work; and 4) Adopt the Resolution by title only, title as follows,
confirming weed abatement assessments and imposing special assessments as a lien on the
parcels shown on Exhibit "A".
RESOLUTION NO. 3018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH,
REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS
AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS.
Item No. 18: Consideration of Orange County Unified Transportation Trust (OCUTT) Streets
and Roads Candidate Projects.
Recommendation: That the City Council adopt Resolutions by title only, titles as follows,
for the following projects requesting their inclusion in the Fiscal Years 1986-87 through
1988-89, Orange County Unified Transportation Trust (OCUTT) Fund Program: 1) Katella
Avenue/Valley View Street, from Holder Street to Valley View Street and from Katella
Avenue to 260f south of Katella Avenue; 2) Katella Avenue from Valley View Street to Knott
Street; and 3) Valley View Street from Lakeshore Drive to Katella Avenue.
RESOLUTION NO. 3019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION (OCTC)
TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION
TRUST (OCUTT) FUND PROGRAM, THE DEVELOPMENT OF KATELLA AVENUE/
VALLEY VIEW STREET, FROM HOLDER STREET TO VALLEY VIEW STREET
AND FROM KATELLA AVENUE TO 260' SOUTH OF KATELLA AVENUE.
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City Council Minutes
November 25, 1985
RESOLUTION NO. 3020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION (OCTC)
TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST
(OCUTT) FUND PROGRAM, THE DEVELOPMENT OF KATELLA AVENUE FROM
VALLEY VIEW STREET TO KNOTT STREET.
RESOLUTION NO. 3021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION (OCTC)
TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST
(OCUTT) FUND PROGRAM, THE DEVELOPMENT OF VALLEY VIEW STREET FROM
LAKESHORE DRIVE TO KATELLA AVENUE.
Item No. 19: Consideration of Acceptance of the Installation of Soccer Field Lighting at
Cypress High School, City of Cypress Project No. 8434-90.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District: 1) Approve the contract change from
the original contract award of $39,415 to Held Electric, Inc., to the final cost of $41,109.79;
2) accept the Soccer Field Lighting at Cypress High School, Project No. 8439-90, 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.
DEFERRED BUSINESS:
CONTINUATION OF CONSIDERATION OF ADOPTION OF THE HAZARDOUS MATERIALS
DISCLOSURE ORDINANCE: The City Attorney has not had sufficient time to complete the
subject Ordinance and therefore requested that this item be continued to the meeting of
December 9, 1985.
It was moved by Councilman Mullen and seconded by Councilman Partin to continue this item
to the Council meeting of December 9, 1985. Mayor Lacayo, hearing no objections, so
ordered it continued.
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 85-41, MONUMENT SIGN FOR
NAUGLES RESTAURANT, 4450 LINCOLN AVENUE: The Planning Director summarized a
staff report dated November 19, 1985 and presented slides for consideration of a request
from Naugles Restaurant to construct a 7-1/2 foot high and 8 foot wide sign in the front
landscaped area at 4450 Lincoln A venue. According to the Zoning Ordinance, additional
signing in the Commercial Heavy Zone may be approved under Design Review. Staff
indicated that their position is torn between supporting the application in recognition of
Naugles relatively low visibility, and the need to control/reduce the proliferation of signs
along Lincoln Avenue. Staff added that should the Council approve Design Review
Committee No. 85-41, the four conditions should be followed to adequately regulate the
placement of this monument sign.
Councilman Partin expressed concern over the proposed size of the sign. Ms. Eynon
recommended that the sign, if approved, should be limited to 4-1/2 foot high.
Mr. Bill Davis, 9654 Amberwick Drive, indicated that he had suggested that Naugles add a
sign to increase visibility and was therefore present in support of the sign. He further added
that he had recommended that Naugles request a continuance to enable them to photograph
the signs and present a complete report.
Mr. Monty Ives, Project Manager representing Naugles, stressed the importance of the sign
due to the lack of visibility and dropping sales. Mr. Ives added that a 4-1/2 foot sign is too
small and would not be visible.
Mayor Lacayo inquired whether Mr. Ives would be willing to enter into an agreement with the
City that if the stores closes the sign would be removed. Mr. Ives responded in the
affirmative. Ms. Eynon requested that Naugles post bond and Mr. Ives indicated agreement.
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City Council Minutes
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November 25, 1985
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve a 7-1/2
foot monument sign to be located a minimum of 45' west of the Lincoln Avenue central
driveway at 4450 Lincoln Avenue, subject to conditions, and that a bond be posted and an
agreement executed. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
CONSIDERATION OF A ONE-YEAR SUBSCRIPTION TO THE LOCAL GOVERNMENT
INFORMATION NETWORK (LOGIN): A staff report was presented dated November 15, 1985
outlining the advantages in subscribing to the Local Government Information Network
(Login). The basic idea of LOGIN is to assist local government with practical approaches to
problems, issues and opportunities from hundreds of communities worldwide. The annual cost
of the subscription service is $2800. LOGIN is offering a Texas Instrument portable data
terminal for $345 plus tax if the City subscribers to LOGIN before November 30.
It was moved by Councilman Coronado and seconded by Councilman Partin to authorize the
City Manager to enter into a one-year subscription agreement with LOGIN for the cost of
$2800 and to purchase the Texas Instrument Model 707 portable data terminal from LOGIN
for the total cost of $365.70 and appropriate $3,166 from the unappropriated fund balance of
the General Fund to the following accounts: $2,800 to 4189-11-111.02; and $366 to 4552-90-
656.35. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
CONSIDERATION OF CITY COUNCIL APPOINTMENTS: A staff report was presented dated
November 20, 1985 for consideration of City Council appointments. Mayor Lacayo
recommended two changes: 1) Appointment of Councilman Kanel as alternate to the League
of California Cities, Orange County Division; and appointment of Councilman Coronado
representative and Councilman Partin alternate to the Santa Ana River Flood Protection
Agency.
It was moved by Councilman Kanel and seconded by Councilman Mullen to accept the
recommendation of the Mayor for changes in appointments to the various organizations as
follows:
Orange County Sanitation District
Mayor - representative
Richard Partin - alternate
League of California Cities,
Orange County Division
Mayor - voting delegate
John Kanel - alternate
Santa Ana River Flood
Protection Agency
Cornelius Coronado - representative
Richard Partin - alternate
Orange County Vector
Control District
Mayor - representative
Southern California Association
of Governments
Gerald Mullen - delegate
Cornelius Coronado - alternate
Mayor Lacayo, hearing no objections, so ordered the appointments.
CONSIDERATION OF REPORT ON ALTERNATE SOUND BARRIERS AT THE MERVYN'S
CENTER: Staff has not had sufficient time to complete any additional studies on the noise
abatement issue adjacent to Mervyn's as requested by the City Council at its meeting of
October 28, therefore, staff requested a continuance to the meeting of January 13, 1986.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue this item
to the Council meeting of January 13, 1986. Hearing no objections, Mayor Lacayo so ordered
the continuance.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANT
NOS. 12277 - 12501: It was moved by Councilman Mullen and seconded by Councilman Kanel
to approve the Warrant List for Warrant Nos. 12277 - 12501, in the amount of $553,213.35.
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City Council Minutes
November 25, 1985
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
In regard to Item No. 27, consideration of a donation to the High School scholarship for those
students pursuing careers as teachers, Mayor Lacayo suggested that staff return with a
report at the next meeting so that the Council could consider the adoption of a Resolution
praising the efforts by the Chamber and encouraging other Orange County cities to do the
same to interest High School students in the teaching profession.
Ms. Alice Talbert, 4219 Dover Circle, Cypress, briefed the Council on the background and
clarified that the scholarships would encourage one student to major in elementary teaching
and the other in secondary teaching.
It was moved by Councilman Mullen and seconded by Councilman Coronado to appropriate
from the Fund Balance of the General Fund the amount of $400.00 to Account No. 4163-11-
117.02 to aide in the scholarship program, to include Kennedy High School, and for staff to
prepare a Resolution for adoption at the December 9, 1985, Council meeting. The motion
unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
o COUNCIL MEMBERS:
o COUNCIL MEMBERS:
Coronado, Kanel, Mullen, Partin and Lacayo
None
None
In regard to Item No. 29, added to the agenda in connection with the refrigeration trucks
parked behind Albertson1s at Valley View and Ball Road, Councilman Kanel reported that he
has investigated the complaint that the trucks are loud and running continually and agreed
that the noise is very disturbing.
It was moved by Councilman Mullen and seconded by Councilman Coronado to transmit a
letter to the Albertsonls Market regarding the noise and asking for their cooperation. Mayor
Lacayo, hearing no objections, so ordered.
In regard to Item No. 30, gun shop requirements, the Chief was directed to prepare a report
to present to the City Council addressing the conditions of the operation of a gun shop in the
City. Councilman Kanel questioned whether the location should be a certain distance from
other types of businesses.
Mayor Lacayo, hearing no objections, directed Chief Lowenberg to contact the
owners/operators of the beauty shop involved with the recent gun incident, relaying to them
his satisfaction that this type of accident would not happen again.
In regard to Item No. 31, Californians Against Waste, Councilman Mullen suggested the
adoption of a Resolution supporting the AB 2020, reducing the burden of solid waste by
passing a state beverage containers deposit law, or bottle bill, and advising our local
legislators to urge their support. Mayor Lacayo directed staff to include consideration of
this item on the agenda for the December 9, 1985 Council meeting.
Mayor Lacayo asked that the traffic problems on Holder between Orange Avenue and Ball
Road be addressed by staff. Mr. Beardsley reported that those traffic problems are
scheduled on the agenda for the next Traffic Commission meeting.
Mayor Lacayo, hearing no objections, added the communication from Costa Mesa Mayor
Norma Hertzog requesting a donation of $2,000 to the Imagination Celebration project which
will be held March 8-18, 1986, to the Council agenda for December 9, 1985.
Mayor Lacayo suggested that the Council forward a letter to the new Cypress Junior Miss
recognizing her title and extending regrets that the Council was not informed of the
crowning function.
Councilman Coronado indicated that he and Chief Lowenberg feel that it would be a good
idea to hold a workshop to explore and clarify further the emergency evacuation plan
regarding lethal fumes. Mayor Lacayo suggesed holding a public workshop after the first of
the year a half-hour prior to a Council meeting. Councilman Coronado added that he would
like a report clarifying what is located in the storage containers in Long Beach.
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City Council Minutes
November 25, 1985
48H
Mr. Essex reminded the Council that they are overdue for joint meetings with the Traffic
Commission and the Youth Commission. The Council concurred that the joint meetings
would be held at the first and second meetings in January, 1986. Mr. Essex added that the
School District Steering Committee meeting was also due.
ADJOURNMENT: It was moved by Councilman Coronado and seconded b Councilman
Mullen to adjourn the meeting at 10:35 p.m. Mayor Lacayo so ordered. adjourned.
OF CYPRESS
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