Minutes 86-07-28
162
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 28, 1986
The regular meeting of the Cypress City Council was called to order at
6:30 p.m., on Monday, July 28, 1986, in the Cypress City Council Chamber,
5275 Orange Avenue" Cypress, California, by Mayor Otto Lacayo.
PRESENT:
Councilmembers Coronado, Kanel, Mullen, Partin and
Lacayo
ABSENT:
None
Also present were City Manager/City Clerk Darrell Essex, City Attorney
Mark Huebsch, and staff members: Barrett, Beardsley, DeCarlo, Eynon, Hurst,
Leonard, and Lowenberg.
PLEDGE OF ALLEGIANCE:
the tlag.
Planning Director Christine Eynon led the pledge to
ORAL COMMUNICATIONS: Mr. Fred Glass, 9210 Whitney Way, Cypress, requested
that Item #21 regarding Hyatt Die Cast's tree trimming plan be removed from
the Consent Calendar for discussion.
STAFF REPORTS & DISCUSSIONS: The City Manager requested an Executive Session
regarding Fisher VS. the City of Cypress, which was added as Item 32A.
Councilman Coronado wished to add an item regarding complaints received
concerning the Nature Park being used as an emergency reservoir while work
is being done on the storm channel, which was added as Item #33.
Councilman Partin referred to a communication received regarding 3 traffic
problem at Apia Way. The Mayor advised that he had responded to the communi-
cation and referred it to the Traffic Commission. Councilman Partin further
stated that this was an excellent opportunity to utilize the services of the
motor officer.
In response to Councilman Partin, Chief Lowenberg advised that the Council
was being asked to approve the radio equipment contract for the motorcycle
this evening and that they were working on the specifications for the motor-
cycle.
CONSIDERATION OF PERIMETER TREE TRIMMING PLAN - HYATT DIE CAST COMPANY: The
Public Works Director presented his report dated July 22, 1986, indicating
that at the direction of the City Council, staff had investigated the condi-
tion of the trees and shrubs to determine how they were trimmed around Hyatt
Die Cast. He stated that he had discussed his report with Mr. Glass and they
have agreed on the following plan:
1. Hyatt would agree to trim the trees on an annual basis and to
notify the City's Maintenance Division prior to beginning any work.
2. The City's Maintenance Division would have the right of approving
Hyatt's selected trimming contractor.
3. The City's Maintenance Division shall meet with the approved
contractor to discuss and direct the trimming plan prior to starting
work.
Mr. Beardsley advised that Hyatt would still have to approve this plan; but
he felt that this would give the City some control over the work being done
properly.
Both Mr. Glass and the Council agreed that this would be a viable solution
to the problem and hearing no objections, the Mayor received and filed the
report.
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City Council Minutes
July 28, 1986
CONTINUATION OF CONSIDERATION OF ENFORCEMENT OF CONDITIONS ON CONDITIONAL
USE PERMIT NO. C-224 - ROYAL GARDEN APARTMENTS, 9352 HOLDER STREET, CYPRESS:
Mr. Essex advised that since the writing of the report, he had been contacted
bytheowner's attorney who has agreed that a meeting should be held with all
the parties involved. He further advised that the attorney was- not avail-
able for an evening meeting this week; therefore, he was attempting to
schedule a meeting some time next week when all parties would be available,
including the City Attorney.
Councilman Partin advised the residents in the audience that initially the
City Council had stated that they would hold a public hearing on this issue;
but the course of action being taken now, although moving at a slow pace,
could result more favorably for the residents since revocation of the permit
would only result in the apartment unit being a non-conforming use.
Hearing no objections, the Mayor received and filed the report.
CONSIDERATION OF AWARD OF CONTRACT FOR THE MEDIAN LANDSCAPING OF KATELLA
AVENUE FROM VALLEY VIEW STREET TO HOLDER STREET, LINCOLN AVENUE FROM DENNI
STREET TO VALLEY VIEW STREET, AND VALLEY VIEW STREET 'FROM LINCOLN AVENUE,
?OUTH TO CYPRESS CITY LIMIT - CITY OF CYPRESS PROJECT NO. 8619-90: The City
Manager presented areport dated July 18, 1986, which indicated that six bids
were submitted, with the low bid being submitted by Hacienda Landscape, Inc.,
Rowland Heights,CA in the amount of $405,219.58. He further stated that
the project requires a transfer of funds tor an added item to reconstruct a
curb on Lincoln Avenue.
It was moved by Councilman Coronado and seconded by Councilman Kanel to:
1) Authorize the transfer of $110,700.00 from the fund balance of the Trust
Fund to Account No. 4186-22-459-27; 2) Autho'rize an appropriation from the
fund balance of the Gas Tax Fund (2106) and appropriate $113,500.00 to
Account No. 4186-22-460-27; and 3) Determine that the lowest Lesponsible
bidder for City of Cypress Project No. 8639-90 is Hacienda Landscape and
award a contract for the median landscaping to Hacienda Landscape, 2005 Desire
Avenue, Rowland Heights, California, 91748, in the amount of $405,219.58.
In response to Councilman Partin, Mr. Beardsley advised that any curb less
than 6" in height would be considered unsafe.
Councilman Partin requested staff to check the .height of the median curbs
on Valley View, south of the Stanton Storm Channel.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF RETENTION OF PROFESSIONAL INSPECTION SERVICES FOR THE MEDIAN
LANDSCAPING OF KATELLA AVENU~, VALLEY VIEW STREET AND LINCOLN AVENUE - CITY
OF CYPRESS PROJECT NO. 8639-90: The City Manager presented a report dated
July 18, 1986, which requested City Council's authorization to employ
Mr. Taylor Moore, a former City inspector and a Registered Inspector in the'
State of California, to provide inspection services for the subject project
at a cost of $30 per hour, not to exceed $7,500. The report further stated
that Mr. Moore was well qualified and familiar with the City Codes and City
specifications.
It was moved py Councilman Mullen and seconded by Councilman Partin to
1) Authorize an appropriation from the fund balance of the Gas Tax (2106)
Fund and appropriate $7,500.00 to Account No. 4118-22-460-27; and 2) Retain
the professional inspection services of Taylor Moore, 8536 Kern Canyon Road,
Sp. 232, Bakersfield, CA 93306, per an amount, not to exceed $7,500.00.
ThE: motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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City Council Minutes
July 28, 1986
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE COMMUNICATIONS EQUIPMENT:
The City Manager presented a report dated July 21, 198?, which stated that
the Police Department had received a quotation 'from the Motorola Communi-
cations and,Electronics, Inc., of Orange for communications equipment for
the motorcycle unit and since all current Police Department's equipment
was Motorola Communications manufactured equipment, it was recommended that
the needed equipment be purchased from Motorola for compatibility of the
equipment.
It was moved by Councilman Partin and seconded by Councilman Coronado to:
1) Dispense with formal competitive bidding for the reasons outlined in
the report pursuant to City Code Section 21A-8f; and 2) Authorize the pur-
chase of the listed communications equipment from Motorola Communications
and Electronics, Inc., 171 S. Anita, Suite 201, Orange,CA 92668, in the
amount of $8,265.88.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kane 1 , Mullen,' Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR REPLACEMENT OF POLICE VEHICLES:
The City Manager presented a report dated July 21, 1986, which indicated that
the four (4) police vehicles under the Los Angeles Sheriff's Department con-
tract that the Council approved with a Letter of Intent to Maurice J. Sopp
and Sons Chevrolet of Huntington Park, ~t. the Council meeting of March 24,
1986, were now available.
In response to Councilman Partin, the Police Chief advised that the four
units would go into storage immediately and will be released individually
as a police vehicle meets the, mileage standard set by the Council.
It was moved by Councilman Partin and seconded by Councilman Mullen to:
1) Determine that it is in the best interest of the City to dispense with
formal competitive bidding pursuant to City Code Section 21A-8f; and
2) Authorize the purchase of four (4) black and white patrol vehicles under
the Los Angeles Sherif~'s Department contract with Maurice J. Sopp and Sons
Chevrolet, 5801 Pacific Blvd., Huntington Park, CA 90255, in the amount of
$47,102.24.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE RENTAL OF PASSENGER VEHICLES AS
REQUIRED BY THE CYPRESS POLICE DEPARTMENT: The 'City Manager presented a
report dated July 22, 1986, which stated that although the City Council at
its meeting of March 10, 1986~ pad awarded a one year contract for under-
cover/surveillance operations vehicles to the firm of Cerritos Ford, the
company had not been able to provide vehicles that met the required Police
Department standards. Therefore, staff had entered into a temporary agree-
ment with Cypress Nissan to provide two late model, mid-sized vehicles at
$300 per month per vehicle which d~es meet the needs of the Department.
It was moved by Councilman Mullen and seconded by Councilman Partin to author-
ize a contract with Nissan of Cypress, 5800 Lincoln Avenue, Cypress, CA 90630,
for rental of two (2) passenger vehicles at $300.00 per month, per vehicle,
for use by the Cypress Police Department, including the standard hold harm-
less statement for the period of July 29, 1986 - January 31, 1987, at which
time the contract will be reviewed by both parties.
Councilman Partin stated that he was glad to see this contract awarded to a
local company.
Responding to the Council's inquiry, the Police Chief advised that many
times the cars obtained are American made cars with higher horse power than
foreign cars which is required for this type of work.
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City Council Minutes
July 28, 1986
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSENT CALENDAR: All Items listed on the Agenda under "Consent Calendar"
are to be considered by the Council as routine and enacted by one motion
approving the recommendations on the Agenda.
It was moved by Councilman Coronado and seconded by Councilman Partin
approve Consent Calendar Items #9-26, with the exception of Item #21.
motion was unanimously carried by the following roll call vote:
to
The
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
In response to Councilman Partin's inquiry concerning the need for Council
to take action on minor claims, David Barrett advised that the City pays a
basic monthly fee for processing small claims i~ the Claims Administrator's
office that do not require field investigation work. He also stated that
the Council should take official action on all claims pursuant to the Govern-
ment Code. He further stated that in the past, the City may have directly
paid a small claim which was, clearly the City's liability; however, the
Claims Administrator has advised that all claims should be processed by them
in order to maintain a complete record of all claims filed.
Responding to Councilman Mullen, David Barrett advised that the investi-
gation regarding the missing cabbage patch doll was conducted by staff and
was forwarded to the Claims Administrator for review and comment.
~tem ~~~ Motion to Approve City Council Minutes of the Adjourned Regular
Meetings of June 25, 1986 and June 26, 1986, and the Regular Meeting of
July 14, 1986.
~eco~~en~ation: That the City Council approve the Minutes of June 25, 1986,
June 26, 1986, and July 14, 1986 as submitted.
Item #10: Motion to Introduce and/or Adopt all Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item ff11: Consideration of a Resolution Adopting a Fee Schedule for Certain
Animal Shelter and Animal Control Services.
~ecornrnendation: That the City Council adopt the Resolution by title only,
title as follows, adopting a fee schedule for certain Animal Shelter and
Animal Control Services, effective July 1, 1986.
RESOLUTION NO. 3115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING A FEE SCHEDULE FOR CERTAIN ANIMAL SHELTER AND
ANIMAL CONTROL SERVICES, EFFECTIVE JULY I, 1986.
Item #12: Consideration of Monthly Investment Report for the Month of
June 1986.
Recommendation: Receive and file.
Item #13: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Juan Carlos & Marisela E. Di Pietro, D.B.A. Sergio's Pizza,
4013 Orange Avenue, Cypress.
Recommendation: Receive and file.
Item ff14: Consideration of a Resolution Establishing the City's Appropriation
Limit .
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City Council Minutes
July 28, 1986
Recommendation: That the City Council adopt the. Resolution by title only,
title as follows, establishing the City's appropriation limit.
RESOLUTION NO. 3116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 1986-87
FISCAL YEAR.
-
Item #15: Consideration of A~ceptance of Contract Change Order for Repairing
the Landscaped Berm on the North Side of Stanton Channel Between Valley View
Street and Knott Street - Cypress Corporate Center Landscape Maintenance
District No. 1 - City of Cypress Project No. 8615-90.
Recommendation: That the City Council: 1) Authorize an appropriation from the
fund balance of the General Fund and appropriate $608.00 to Account No. 4187-
11-217-08; 2) Approve this Contract Change Order to Environmental Care, Inc.,
from the original contract change of $19,673.94 to the final cost of $20,281.26;
and 3) Accept the Contract Change Order for the Repairing of the Landscaped
Berm, Project No. 8615-90, as being satisfactorily completed.
Item #16: Consideration of Recommendations of Traffic Commission from its
Meeting of July 15, 1986.
Recommendation: That the City Council approve the recommendations of the
Traffic Commission and adopt a Resolution by title only, title as follows,
establishing "No Parking" zones at the following locations: 1) 30' on the
east side of Walker Street, north of Karen Avenue; 2) 55,' on the east side
of Walker Street, south of Karen Avenue; and 3) extending the existing 30'
of "No Parking" on the west side of Walker Street, south of Vista Sierra, an
additional 30' to provide for one continuous "No Parking" zone of 60'.
RESOLUTION NO. 3117
A RESOLUTION OF THE CITY COU~CIL OF THE CITY OF CYPRESS
ESTABLISHING "NO PARKING ANYTIME" ZONES ON THE EAST SIDE OF
WALKER STREET, 30' NORTH OF KAREN AVENUE; ON THE EAST SIDE OF
WALKER STREET, 55' SOUTH OF KAREN AVENUE; AND EXTENDING THE
EXISTING 30' OF "NO PARKING ANYTIME" ZONE ON THE WEST SIDE OF
WALKER STREET, SOUTH OF VISTA SIERRA AVENUE, AN ADDITIONAL 30'
TO PROVIDE FOR ONE CONTINUOUS "NO PARKING ANYTIME" ZONE OF 60'.
Item #17: Consideration of City Manager's Attendance at the 72nd International
City Management Association Conference.
Recommendation: That the City Council authorize the attendance of the City
Manager to the 72nd International City Management Association (ICMA) Confer-
ence to be held on September 28 - October 2, 1986, in San Diego, and be
reimbursed for all actual and necessary expenses incurred.
Item #18: Consideration of Employment List - Jailor/Property Clerk.
Recommendation: That the City Council certify the Employment list for the
position of Jailor/Property Clerk as submitted.
Item #19: Consideration of Authorization for the Public Works Director to
Attend the Annual Conference of the ~erican Public Works Association.
f!!''''''~
Recommendation: That the City Council authorize the attendance of the
Director of Public Works to the annual conference of the American Public
Works Association to be held in New Orleans, Louisiana, on September 20-25,
1986, and be reimbursed for all actual and necessary expenses incurred.
Item #20: Consideration of Resident Complaint Regarding Carbon Creek Channel
Construction.
Recommendation: That, the City Council receive and file the report.
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City Council Minutes
July 28, 1986
Item #22: Consideration of an Increase in Monthly Service Fee for Vision
Benefits Plan for Employees.
Recommendation: That the City Council authorize staff to continue the
contract with the California Service Plan.
Item #23: Consideration of Amendments to the City of Cypress' Personnel
Rules and Regulations, Chapter 6, Section 6.01; and to the Memorandum of
Understanding Between the City of Cypress and the Cypress Public Safety
Employees' Association, Article VIII, Section lA: Concerning Probation for
Employees.
Recommendation: (1) That the City Council, and acting a~ the ex officio
governing Board of Directors of the Cypress Recreation and Park District,
adopt the Resolution by title only, title as follows, amending Chapter 6,
Section 6.01, of the Personnel Rules and Regulations; and (2) That the City
Council adopt the Resolution by title only, title as follows, amending
Article VIII, Section lA, of the Memorandum of Understanding between the
City of Cypress and the Cypress Public Safety EmplDyees' Association.
RESOLUTION NO. 3118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF
THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 1635, RULES AND
REGULATIONS, CHAPTER 6, CONCERNING PROBATION FOR EMPLOYEES OF
THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DTSTRICT.
RESOLUTION NO. 3119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 2900, MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CYPRESS AND THE CYPRESS PUBLIC SAFETY
EMPLOYEES ASSOCIATION.
RECREATION AND PARK DISTRICT MATTERS
Item #24: Consideration of Claim Filed by George i. Thorsell.
R2~oIT@endation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, officially
reject the subject claim and refer it to the City/District's Claims Admin-
istrator, Carl Warren & Company, for appropriate disposition.
Item #25: Consideration of a Resolution Establishing the Cypress Recreation
and Park District's Appropriation Limit.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, establishing the District's
appropriation limit.
RESOLUTION NO. 153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO GOVEP~ING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND
PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1986-87 FISCAL
YEAR.
Ite~26: Consideration of Claim Filed by Barbaranne Miller.
Recommendation: Receive and file.
CONTINYATION OF CONSIDERATION OF A PARTY ORDINANCE: The Mayor stated that
this item was continued from,the March 24,' 1986 meeting in order to allow
the Police Department to research the possibility of developing an
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City Council Minutes
July 28, 1986
ordinance which will be used to control neighborhood parties. He requested
the City Manager to present his report. Mr. Essex stated that the Police
Chief had submitted a recommended response policy in lieu of adopting an
actual ordinance and suggested that the Police Department try this procedure
to determine whether it would be workable. He referred to the Police Chief
to elaborate on the plan.
Councilman Coronado stated'that he would like to see a time established after
which the Police Department would respond to a neighborhood party complaint.
lJI"'<___
The Folice Chief advised that a specific time was not established since
peace can be disturbed at any time during a party. He further advised that the
majority of the neighborhood parties are not a problem and that this policy
is specifically directed to weekend parties held at a particular site on a
continuous basis. The Police Chief stated that contact is made with the host/
hostess of any planned party who is then advised of the law and its implica-
tions for such persons as it relates to minors in possession of alcohol,
disturbance of the p~ace, property damage, etc. He stated that the purpose
of having this type of ~ policy was to allow the Police Department, in con-
cert with the City Attorney's Office, to take individuals in aggravated
situations to small claims court for possible reimbursement of costs incurred
by the Police Department in responding to the party complaint.
It was moved by Councilman Partin and seconded by Councilman Mullen to con-
cur in the establishment of a police response policy relating to neighborhood
parties as outlined in the report from the Police Chief dated July 10, 1986.
Responding to Councilman Coronado's concern about establishing a time .when
the Police Department would respond to a party complaint, the Police Chief
seated that it was difficult to set a specific time since many late after-
noon parties can also get out of hand and that the Police Officers will use
their discretion in responding to a complaint.
Mayor Lacayo directed staff to forward a copy of the response policy to
Mr. Eugene Zechmeister who had previously brought this matter to the
attention of the City Council.
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The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF A BYLAW AMENDMENT OF THE ORANGE COUNTY
CITIES RISK MANAGEMENT AUTHORITY FOR THE ESTABLISHMENT OF A RISK-SHARING
POOL DIVISION: David Barrett summarized the staff report dated July 22,
1986, regarding the establishment of a Risk-sharing Pool Division by the
Orange County Cities Risk Management Authority which requires an amendment
to their Bylaw. He indicated that the Authority had received a request
from a number of Orange County cities that are currently uninsured to
entertain the formation of a separate division that would pool all of their
risks. He further advised that the structure chosen among all those that
are available and marketed by a number of brokerage firms around the country
is one that best resembles an insurance company and which will pool all
the risks together and use the premium funds to pay the losses. He stated
that a professional underwriter would be hired to determine what the pre-
miums should be to fund the pool. Mr. Barrett stated that the underwriting
approach was chosen since it best resembles how insurance companies oper-
ate and which would give the Authority the flexibility to reinsure its
losses and risks and to buy excess insurance if it becomes available. He
advised that the City would not be obligated to join this division by its
action tonight, but if 2/3 of the member cities agree to the establishment
of this division, it would allow non-member cities to form as a separate
wing of the Joint Powers Authority.
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In response to Councilman Coronado, Mr. Barrett stated that there were
several minor bills being considered but not an overall bill that would
remedy the insurance crisis.
It was moved by Councilman Mullen, seconded by' Councilman Kanel and unan-
imously carried to approve the Orange County Cities Risk Management Authority
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City Council Minutes
July 28, 1986
Bylaw Amendment to establish a Risk-sharing Pool Division.
CONSIDERATION OF REVISION OF THE STREET SWEEPING AGREEMENT WITH THE CITY
OF LA PALMA: The City Manager presented a report dated July 23, 1986,
which indicated that current agreement with the City of La Palma for
street sweeping services required a revision due to changes in the insur-
ance program. The new agreement provides for the purchase of an auto
liability policy by the City of La Palma covering the City of Cypress and
an agreement by La Palma to indemnify Cypress for any liability arising
out of the City's street sweeping activities in La Palma which is not
covered by the insurance program. In addi~ion the new agreement updates
the hourly rate to reflect current costs and also includes a provision for
annual revisions.
It was moved by Councilman Partin, seconded by' Councilman MulLen and
unanimously carried to appro.ve the revised agreement for street sweeping
services between Cypress and La Palma and authorize the Mayor to sign the
agreement and the City Clerk to attest.
The Council voiced concern about the streets and sidewalks not being kept
clean and discussed the need for additional summer help.. The Public Works
Director indicated that he would' be reviewing all the arterial streets with
his Maintenance Superintendent and Landscape Supervisor and will report back
to the Council at the next meeting.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
NO. 15866 - 16090: It was moved by Councilman Mullen and seconded by
Councilman Coronado to approve the Warrant List for Warrants #15866 -
#16090 in the amount of $393,474.39. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
?ECOND READING OF AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
SECTION 6-17 OF THE CYPRESS CITY CODE: It was moved by Councilman Mullen
and seconded by Councilman Partin to adopt the Ordinance by title only,
title as follows:
ORDINANCE NO. 763
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 6-17 OF THE CYPRESS CITY CODE.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Councilman Kanel inquired as to when the weed abatement work would be done.
The Public Works Director stated that he would have to check the schedule.
CONSIDERATION OF WATER PROBLEMS AT THE NATURE PARK: The Mayor stated that
Councilman Coronado had received complaints abou~ the odor and stagnation of
the water being stored temporarily at the Nature Park due to work being done
on the storm channel. He requested a report from the Public Works Director.
Mr. Beardsley stated that he had inspected the site last week when the water
was about 6' deep but, at that time, had not detected any odor. He advised
that the County had been contacted.
The City Manager advised that he checked the area this evening and there was
em odor. He stated that the water needs to be pumped out. Mr. Beardsley
advised that the Mosquito Abatement District had been contacted and he will
again contact the County to have the water pumped out.
RECFoSS: Mayor Lacayo recessed the meeting at 7:29 p.m. The meeting was called
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City Council Minutes
July 28, 1986
back to order at 7:44 p.m., with all Council Members present.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 86-15, MINI-WAREHOUSE/PUBLIC STORAGE FACILITY, 9907 WALKER STREET~ The
Mayor opened the Public Hearing and announced that the applicant had requested.
a continuance of the hearing to August 11, 1986.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue
the Public Hearing on Conditional Use Permit No. 86-15 to the meeting of -
August 11, 19<36.
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Councilman Partin requested that the Council consider continuing this hearing
to the second meeting in August due to the heavy agenda planned for August 11.
Councilman Mullen amended his motion to continue the Public Hearing on Condi-
tional Use Permit No. 86-15 to the meeting of August 25, 1986. Hearing no
objections, the Mayor continued the hearing to the August 25, 1986 meeting.
CONSIDERATION OF PUBLIC HEARING RE: ENVIRONMENTAL IMPACT REPORT, GENERAL
PLAN AMENDMENT NO. 86-1, SPECIFIC PLAN NO. 86-1, AND ZONE CHANGE NO. 86-1
SUBMITTED BY HOLLYWOOD PARK REALTY ENTERPRISES, INC., FOR PROPERTIES
SU~ROUNDING THE LOS ALAMITOS RACE COURSE: The-Mayor opened the Public Hearing
and requested the City Manager to present his report.
Mr. Essex stated that there was a problem with some of the required docu-
mentation and staff did not have ample time to consider certain amendments
to finalize a development agreement; therefore, staff concurred with the
applicant's request for continuance to the meeting of August 11. He further
stated that the Council is requested to concur in a 90-day extension of
time commencing August 16, 1986 within which the Cypress Plaza and the
Environmental Impact Report will be considered.
Following clarification of the 90-day extension of time as set by State
law, the Mayor, hearing no objections, continued the Public Hearing to the
meeting of August II, 1986 and concurred with the request for a 90-day
extension of time within which the Cypress Plaza and the Environmental
Impact Report will be considered.
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CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF THE 1986 GENERAL PLAN
UPDATE AND FINAL ENVIRONMENTAL IMPACT REPORT: The Mayor opened the Public
Hearing and requested staff to present its report.
The Planning Director introduced Mary Venables of the Planning staff,
Project Manager for the General Plan update, who gave a brief description
of the General Plan as required by State law. She stated that the General
Plan, which includes the Circulation Element, the Open Space, Conservation
and Recreation Element, the Noise Element, and the Land Use Element serves
as a long-range guide for the City Council in establishing and achieving
the goals and objectives for the community. She further stated that staff
had been working for the past 8 months with the City's consultants and
introduced Mr. Ernie Glover of POD to speak on the Open Space and Circu-
lation Elements.
Mr. Ernie Glover of POD, 1327 No. Broadway, Santa Ana, stated that the
Open Space, Conservation and Recreation Element is a combined element
with the Open Space and Conservation Element required by State law as one
of seven mandatory elements. He had recommended that staff develop a
Recreation Element since most of the open space in the City was used for
recreational purposes and a Recreation Element gives the City more authority
in terms of parkland dedications. Mr. Glover stated that the three basic
issues with the element were: 1) Inadequate park coverage in terms of
the locations of existing parks, i.e., area south of Katella Street and
West of Denni are not within the one-mile service area of a community park.
2) Limited land available for new parks. 3) Parkland adequacy - the num-
ber of acres per capita. Currently there are approximately 1.95 acres per
thousand of public park within the City which is expected to decrease to
1. 75 acres per thousand at the buildou!: of the General Plan due to increase
in population without additional parkland. Mr. Glover referred to Exhibit 5
which recommended a long-range proposal to develop seven new parks which
would add 32 acres: Los Alamitos Armed Forces Reserve Center's Golf Course
area; Civic Center site, Oxford Junior High School site, Carob Street,
Tank Farm area, Damron School (Central-South area) and the Business
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July 28, 1986
Park area. He further stated that Cypress has one of the most extensive
bicycle trail systerrsin Northern Orange County which could be further
extended and integrated into the recreation system by linking it with
schools and parks. Other reco~endations included: increasing the park-
land dedication standard from 3 acres per thousand to 4~ acres per thousand;
establishment of assessment districts especially in the tank farm area;
use of developer's donations in the Business Park area; and continuation
of cooperative agreements with the School District, neighboring cities'
recreation departments, private recreation-oriented groups and the Flood
Control District in regards to the bicycle trails.
Responding to Mayor Lacayo's concern about acqulrlng the proposed new park-
land, Mr. Glover advised that the basic approach would be to negotiate a
development agreement with the industrial/commercial owners to dedicate a
portion of open space for public parkland. Another method would be the
establishment of reimbursement districts.
Mr. Glover advised that the particular location in the Business Park area
as noted on the map does not necessarily mean that the park would be located
there. Instead of one large park, several small parks may be located
throughout the Business Park area.
Further discussion ensued regarding the acquisition and funding of the pro-
posed park.
The City Manager stated that this was a policy issue in that if the Council
does not wish to include a. green space within the Business Park area, it
should be deleted from the map; however, if it is determined that there may
be a future need, it should remain in the plan in order that it may be nego-
tiated and developed in the future.
For the record, Councilman Coronado stated that he was very much in favor
of the greenbelt area which needs to be addressed and implemented. His
concern was from the standpoint of the developers. He stated that staff
should work with the developers to devise an acceptable plan for all parties.
The Planning Director stated that different grants become available at all
times and that the General Plan is just a policy document which is a long-
range plan. When the Council considers a Specific Plan, that is a more
definite plan. A General Plan should not be too specific because it limits
the ability to implement the policies.
Further discussion continued concerning the locations of the proposed parks
on the map and the Consultant advised that the parkland dedication monies
through the Quimbly Act requires that a City has an adopted Recreation
Element which specifies the general service areas in the neighborhood for parks.
The Council expressed concern about pursuing and implementing the plan
at this time since the Business Park is currently being developed.
The Planning Director stated that the General Plan sets the goals for the
City and gives staff some direction. Staff would return to Council with
implementation measures in order to apply for grants and to negotiate with
the developers through a specific plan.
In response to Council's concern, Mr. Glover suggested that a footnote be
3dded to the map indicating that these sites are proposed in the general
area and also include in the introductory section of the text that these
sites designated on the plan map are generalized in nature and represent
only the general area.
The Council was advised that the ideal standard for neighborhood parks as
set by the national ~ecreation and Parks Association is 5 acres per thou-
sand and that the City currently has 75 acres of parkland.
The Circulation Element was considered next and Mr. Glover stated that the
Circulation Element is one of the major functional systems within the City
which carries out three primary functions: 1) It defines the City physically;
2) It shapes the society; and 3) It is the vital ingredient for a healthy
economic environment. He also stated that since Cypress is almost completely
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July 28, 1986
urbanized, the Circulation System is quite fixed. The Plan does identify
some traffic issues in the arterial system which includes the intersections
of Valley View & Katella, Valley View & Lincoln and Lincoln & Knott; the
Holder Street extension; incomplete street improvements on Lincoln, W/Moody
and on Moody, south of Orange, as well as the interruption of the north/
south circulation caused by the Armed Forces Reserve Center and the Race
Track area. Mr. Glover advised that although the Bicycle system is part
of the Open Space, Conservation & Recreation Element for recreational pur-
poses, from a functional standpoint, it is included in the Circulation
Element. The plan also recommends a bus route along Valley View. between
Lincoln and the Garden Grove freeway and the extension of Denni, south to
Katella along the western edge of the Race Track property. He further cited
several implementation proposals: 1) Include a local street standard;
2) Continue active liaison with the Armed Forces Reserve Center for utili-
zation as an emergency evacuation center; 3) Adoption of a benefit assess-
ment district especially along Valley View Street; and 4) The inclusion of
the Transportation System Management Plan currently underway into the Cir-
culation Element.
Councilman Partin questioned why a perimeter road connecting Walker off
of Katella through to Orangewood was not proposed as discussed at the recent
Traffic Management System briefing.
The Planning Director advised that the proposal was being discussed for
documentation into the Traffic Management study and at the time the Circu-
lation Element was being prepared it had not been addressed. She further
stated that it could be added into the Plan at this time or at the time the
TSM study is considered, the Circulation Element could be amended to
reflect that designation.
The Public Works Director expressed concern about adding a street into the
arterial system without first coordinating it with the County and which may
jeopardize the Arterial Highway funding.
Following discussion, the Consultant suggested adding "including loop roads
as necessary and practical" under the "Special Treatment Intersections"
section of the text on page 30. He further advised that this is a mitigation
measure which does not require a subsequent E1R.
Addressing the Council's concern, the City Manager suggested that an addi-
tional exhibit be added to the document dealing with "Special Treatment
IntersectionsH clearly showing the specific locations which was agreed
upon by the Council and the Consultant.
Mr. Glover introduced Mr. Vince Mestre, sub-consultant from the firm of
Mestre Greve Associates, specializing in acoustics and noise control.
Mr. Mestre reviewed the draft Noise Element and stated that noise measure-
ments were conducted at 16 sites in the City as displayed on the map and in
the text. Thirteen sites were located just generally throughout the City
as representative of the various types of roads and neighborhoods in the
City with the quietest recorded at Vessels Elementary School at 55 dBa and
the highest along Lincoln Avenue at 73 dBa. He advised that the dominant
noise source at all of the sites, with the exception of helicopter noise,
was street noise. He reported that the Los Alamitos Race Track had an
average of 62 and a maximum of 73 due to heavy truck and road traffic.
'Three sites (L, M & N) were selected specifically for measuring he licopter
noise in the approach corridor to Los Alamitos which were conducted from
8 a.m. - 8 p.m. At site L, the farthest from Los Alamitos, the maximum
noise level during a helicopter flyover ranged from 62,- 81; site M, which
is closer to Los Alamitos, ranged from 68 - 82; and site N, in an inter-
mediate area, measured 86 due to a low-flying Huey helicopter. He advised
that during the three days, there were 18 helicopters in one day with a
low of 6.
Mr. Mestre also reviewed an existing roadway and railroad noise contour
map, a future contour map which will serve as a guideline for future devel-
opers, and a separate map for the Los Alamitos Airfield. He further advised
that the draft Noise Element was reviewed by the Airport Land Use Commission
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City Council Minutes
July 28, 1986
and was determined to be consistent with their airport land use plan.
In response to Mayor Lacayo, Mr. Mestre advised that a legend corresponding
to the letters on the Noise Measurement Locations (attach. 9) can be
printed directly onto the attachment.
Responding to Mayor Lacayo, Mr. Mestre stated that on Figure 1 (Existing Noise
Contour Map) will be corrected to read for "roadway" and railroad noise sources.
Responding to Councilman Partin, Mr. Mestre advised that it is against State
law for anyone to modify a vehicle in such a way that it produces a noise level
greater than when the vehicle was originally manufactured.
The Land Use Element was considered next and Mary Venables brought to the
Council's attention the new revised Land Use map. She stated that the purpose
of the Land Use Element is to provide a long-range guide for desirable patterns
for the ultimate buildout of the City. She advised that the new document is
an update to the existing conditions and plans for the areas that were annexed
since the document was last revised in 1971. She further stated that the
Sphere of Influence was preplanned to include current unincorporated areas as
part of the plan with their designations being consistent with the Orange
County Master Plan. Ms. Venables reviewed the color code on the displayed
map and stated that the Industrial category had been divided into 1) Light
Industrial Manufacturing and 2) a Business Park use which is more restrictive.
She referred to the Goals, Objectives, Implementation Policies and Programs
document on page 29 which clearly defines the document.
Responding to Mayor Lacayo's inquiry regarding the Heavy Commercial designa-
tion on Lincoln Avenue, Ms. Venables read the definition of Heavy Commercial
from page 6 of the text.
The Planning Director stated that State law requires the land use designation
and the actual zoning of certain property to be consistent. She also stated
that the reason Highway Commercial was changed to Heavy Commercial on Lincoln
Avenue was due to the fact that Lincoln Avenue is no longer a State highway.
She further stated that the Public and Semi Public designation color coded
in green can be amended to reflect the Semi Public use with diagonal lines.
Councilman Mullen inquired as to why on page 29 under the Implementation Pro-
gram section, it states "revitalizing portions of the Civic Center area for
the purpose of constructing affordable senior housing" when that project had
been moved to the Cypress School site.
The Planning Director advised that it was placed in the Land Use Element
since it is so designated in the Redevelopment Plan; however, the Council
could remove it at this time from the document, which was agreed upon by the
Council.
Ms. Venables added that the staff had worked closely with the Airport Land Use
Commission staff members to develop the height restriction in the Land Use
Element and advised that it was determined to be consistent with the Airport
Land Environ Plan. She further advised that the document had been reviewed
and approved by the Los Alamitos Army Air Field personnel.
Ms. Venables called upon Mr. Glover to present comments on the EIR. Mr. Glover
stated that the EIR is a reference EIR which is a generalized document be-
cause it looks at the General Plan as a whole. He advised that subsequent
EIR, negative declarations and other environmental documentation will be more
detailed as it relates to a particular proposal. He stated that the EIR was
submitted to State agencies, surrounding cities and local agencies including
the County that have some jurisdiction or interest in this area. He reviewed
the comments received from these agencies which are attached to the EIR docu-
ment and which cited minor wording corrections and cla~ifications of statements.
Mayor Lacayo referred to a letter from the City of Lakewood regarding their
support to the City of Cypress in annexing those parcels along the County line
and requested that staff return with a report on this issue. Chris Eynon
indicated that Forest Lawn had initiated some action since the City has been
receiving letters from LAFCO on this area.
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City Council Minutes
July 28, 1986
Concluding her presentation, Mary Venables requested the Council to
1) Certify the final EIR as complete and 2) approve the Resolution
adopting the 1986 updated Circulation, Open $pace, Conservation, Recre-
ation, Noise and Land Use Elements of the General Plan.
Mayor Lacayo requested the Planning Director to summarize the proposed
modifications to the various documents which were: I) Circulation Element:
add a separate exhibit for "Special Treatment Intersections" including the
desired perimeter street designated as a bypass road which is required as
a mitigation measure; 2) Noise Element: Add a legend identifying the
specific letters where the noise readings were taking place and' on Figure 1,
roadway should be inserted along with railroad; 3) Land Use Element:
Regarding Public and Semi Public - individually designate the privately
owned with diagonal lines to differentiate between the publicly owned pro-
perty and the privately owned, and under the policies delete senior housing
in the Civic Center area as a policy of the City Council.
""'~ifilIl!
The Mayor asked if there were anyone in the audience who wished to speak
on this matter. There was none.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the Public Hearing and to: 1) Adopt a Resolution by title only, title as
follows, certifying that the Final Environmental Impact Report is complete;
and 2) Adopt the Resolution by, title only, title as follows, adopting the
1986 Updated Noise, Circulation, Open Space, Conservation and Recreation
and Land Use Elements of the General Plan as modified.
RESOLUTION NO. 3120
A RESOLUTION OF THE CITY COUNCIL/PLANNING AGENCY OF THE CITY
OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE 1986 CYPRESS GENERAL PLAN UPDATE AND
MAKING CERTAIN FINDINGS.
",.'#.~~
RESOLUTION NO. 3121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING THE 1986 UPDATE TO THE CIRCULATION, OPEN SPACE,
CONSERVATION, RECREATION, NOISE AND LAND USE ELEMENTS
OF THE GENERAL PLAN FOR THE CITY OF CYPRESS.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Mayor Lacayo added an item on the agenda regarding the problem of the
setback requirement for a pool heater that was discussed at a previous
Council meeting. He called upon Bob Beardsley to present some possible
solutions. Mr. Beardsley advised that currently the Uniform Plumbing Code
and the Uniform Swimming Pool Code specifically direct that a pool heater
venting system terminate no closer than 4' from the property line. In
researching past records, it has dis~losed that this code was written in
this manner because of the possibility that a structure could be built at
the adjacent property line to the pool heater and emission from the heater
venting system could enter the adjacent structure. He advised that the
Building and Plumbing Codes could be amended if that is the Council's direct-
ive; however, it would require a public hearing and the amendment would not
be effective for another month. He understood that the property owner was
awaiting some decision tonight to proceed with installing his pool heater.
.......
The City Attorney advised that the language in the Uniform Plumbing Code
clearly does not allow pool heater installation within 4' of the property
line. He stated that although some pool heaters may have been approved
contrary to this law, the Building Official is not in the position to ignore
this ruling since he is charged with the responsibility of enforcing the
Code. He further stated that he would have to research the matter of
amending the Code to see if there are any procedural problems.
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July 28, 1986
In response to Councilman Partin, Chris Eynon stated that an accessory
structure with a fire wall could be built adjacent to the property line
which could be a guest unit, a garage or a changing room for the pool.
Mr. Beardsley advised that the property owner was aware of the Code
requirement but he chose to direct his contractor to plumb his pool with
the intention of seeking an adjustment on the regulation. He further
advised that the delay was because they were awaiting to hear from the
International Plumbing Officials as to their ruling in this matter.
The City Manager stated that the solution may be to enact an Urgency
Ordinance and follow it up with the ~egular process if it could be con-
sidered as an urgency issue.
The City Attorney advised that acting on an urgency cause under these
circumstances was somewhat debatable and stated that he would' have to
research the matter.
The Mayor directed the City Manager to resolve this issue.
EXECUTIVE SESSION: The Mayor called an Executive Session for matters of
litigation at 10:34 p.m. The meeting reconvened at 10:44 p.m., with all
Council Members present.
ADJOURNMENT: The Mayor adjourned the meeting at 10:45 p.m.
ATTEST:
CYPRESS
CITY
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