Minutes 86-10-14
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218
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October 14, 1986
The regular meeting of the Cypress City Council was called to order at 7:35 p.m. on Tuesday,
October 14, 1986, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, by Mayor Otto Lacayo.
PRESENT: Councilmembers Kanel, Mullen, Partin and Lacayo
ABSENT: Councilman Coronado
Also present were City Manager/City Clerk Darrell Essex, City Attorney Mark Huebsch, and
staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst and Krauss.
Mayor Lacayo announced that Councilman Coronado may be arriving later in the meeting.
Mrs. Coronado advised the Council that Councilman Coronado should arrive by 8:00 or 8:30
p.m.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Councilman Partin.
ADMINISTERING LOYALTY OATH AND PRESENTATION OF CERTIFICATES OF
APPOINTMENT TO THE NEWLY-APPOINTED MEMBERS OF THE YOUTH COMMISSION:
City Clerk Darrell Essex administered the loyalty oath to newly appointed Youth
Commissioners Julie Ashby, Kristine Blackburn, Warren Doi, Sarah Hawkins, Eva Lozano,
Kelli Margetich and Kendra Miller.
PRESENTATION OF "UNITED WAY MONTH" PROCLAMATION TO A REPRESENTATIVE
FROM THE ORANGE COUNTY ASSOCIATION FOR RETARDED CITIZENS: Carol Miller
and Shawn Chassey of the Orange County Association for Retarded Citizens accepted a
proclamation from the Mayor proclaiming the month of October 1986 as "United Way Month"
in the City of Cypress.
ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak in regard to any
matter that was not on the agenda.
Cheryl Roderiques, General Manager of Copley Colony Cablesystems of Cypress, advised the
Council that she has been transferred to the Los Angeles County area and thanked the
Council for allowing her to be a member of the Cypress business community. She introduced
the new General Manager for Cypress, Denice McCafferty. Mayor Lacayo stated he would
like to discuss with them a discount cable program for senior citizens.
STAFF REPORTS & DISCUSSION: Mr. Essex recommended the appointment of the City's
new Senior Planner to the School District's advisory committee studying the reopening of
schools. Mrs. Eynon introduced Senior Planner Holly Hamlin.
There being no' objections, the Mayor appointed Holly Hamlin to serve on the School District
committee.
CONTINUATION OF PUBLIC HEARING RE: PARCEL MAP #86-323, DIVIDING TWO
PARCELS OF PROPERTY INTO EIGHT PARCELS, SOUTHWEST CORNER OF V ALLEY
VIEW AND CERRITOS: Mayor Lacayo opened the public hearing. The Planning Director
presented a report dated October 6 and stated the applicant requested that the hearing be
continued to the next meeting.
Hearing no objections, the Mayor continued the public hearing regarding Parcel Map #86-323
to the October 27 meeting.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-26, EIGHT-UNIT APARTMENT
PROJECT WITH DENSITY BONUS ALLOWANCE, 9522-9528 WALKER STREET: Mayor
Lacayo opened the hearing and the Planning Director presented a report dated October 6
describing the application. Staff recommended approval subject to 29 conditions which
included a requirement that screens be placed on all second-story windows facing north and
south.
Mayor Lacayo asked if anyone wished to speak in support of the application.
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City Council Minutes
October 14, 1986
Mr. Kaz Begovich, representing the applicant, indicated that they agreed with all of the
conditions. He asked what type of window screens staff recommends. Mrs. Eynon stated
many different types of screens are available and selection for the project can be worked out
during Design Review.
No one spoke in opposition.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public
hearing and adopt the Resolution by title only, title as follows, approving C. U.P. # 86-26
subject to the conditions recommended by staff:
RESOLUTION NO. 3146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86-26 - WITH
CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-25, ACUPRESSURE & HERB
STORE, 4552-62 LINCOLN A VENUE: Mayor Lacayo opened the public hearing. The Planning
Director summarized a report dated October 9 describing the application to operate an
acupressure business and herb store at 4552-62 Lincoln Avenue.
Councilman Kanel suggested that the City Code be changed to give a separate definition for
acupressure businesses apart from massage parlors. He asked if the application was for a
legitimate business and whether such businesses exist in other cities. Captain Krauss stated
he had no information on acupressure facilities in other cities but his department's
investigation showed this was a legitimate business.
Mr. Hong, representing the applicant In Sook Kim, stated the applicant is certified by many
schools in the U.S. and has certificates from the Oriental College of Acupressure, the
National Commission of Acupressure, and she has been a manager for acupressure. Mr. Hong
stated acupressure is an Oriental medicine that has been practiced for thousands of years,
and he emphasized that acupressure is fundamentally different from massage parlors. He
stated a practitioner must have a national acupressure license.
Councilman Kanel recom mended that the Code be changed since acupressure and massage
parlors are two different uses. He suggested that the regulations for massage parlors could
be applied to acupressure businesses.
Mr. Hong stated he worked for the L.A. County Health Department for five years and this is
the first time he has encountered this kind of problem. He stated it does not exist in Garden
Grove or Los Angeles County. Councilman Kanel stated the Council recognizes that this is
not a massage business.
Councilman Mullen asked if business hours of 9 a.m. to 6 p.m. Monday through Saturday were
acceptable. Mr. Hong stated the applicant would request hours of 10 a.m. to 7 p.m. Monday
through Saturday. Councilman Mullen said this was acceptable.
-~The Council questioned why conditions for bathing and dressing facilities were applied when
the facilities are not required by the business. The Planning Director stated that if a
particular use is not named in the City Code then the conditions of the most similar use are
applicable. She recommended that the following condition be added: The subject business
shall only be utilized for the purpose of acupressure. Such acupressure to be performed only
by a licensed technician.
Mr. Hong stated the bath and shower are not needed by the business.
Mr. Essex suggested that Condition #6 can be eliminated and the Council can consider
amending the Code at a later date.
No one else wished to speak in support or in opposition.
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City Council Minutes
October 14, 1986
It was moved by Councilman Mullen and seconded by Mayor Lacayo to close the hearing and
adopt the Resolution by title only, title as follows, approving C.U.P. #86-25 subject to
Conditions #1 through 5, the deletion of original Condition #6, and the added condition
recommended by the Planning Director, and approving business hours of 10 a.m. to 7 p.m.
Monday through Saturday:
RESOLUTION NO. 3147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86-25 - WITH
CONDITIONS.
.......
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCIL MEMBERS: Coronado
PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE #86-5, RETIREMENT
HOTELS: Mayor Lacayo opened the public hearing. Mrs. Eynon summarized a report dated
October 9 which reviewed a list of areas which other cities have considered in determining
development standards and proper regulation for retirement hotels. The criteria included
land use designation, density, parking requirements, room size and recreational areas.
The Mayor asked if anyone wished to speak on this matter. There were no speakers.
Councilman Kanel requested that the item be continued to the next meeting.
Hearing no objections, the Mayor continued the item to the October 27 meeting.
CONSIDERATION OF CORRECTING ERROR IN ANNUAL TOTAL PRICE OF CURRENT
AIR CONDITIONING CONTRACT: The Public Works Director presented a report dated
September 30 indicating that an error was made in computing the annual total price of the
air conditioning maintenance contract and requesting that the Council approve the corrected
contract amount.
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It was moved by Councilman Mullen and seconded by Councilman Partin to approve an
increase in the renewed contract amount with Scott Refrigeration Company from $19,894.30
to $21,082.30. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCIL MEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR THE HEATER SCARIFICATION,
OVERLA Y AND RECONSTRUCTION OF VARIOUS STREETS IN THE CITY, CITY OF
CYPRESS PROJECT #8704-90: Mr. Beardsley presented a report dated October 1 outlining
five bids received.
It was moved by Councilman Mullen and seconded by Councilman Kanel to: (1) authorize an
appropriation from the fund balance of the General Fund and appropriate $241,053.00 to
Account #4186-11-212.08; (2) determine that the lowest responsible bidder for Project
#8704-90 is Blair Paving, Inc., 4071 E. La Palma Avenue, Suite B, Anaheim, and award them
the contract for the heater scarification, overlay and reconstruction of various streets in the
City of Cypress, as shown on Exhibit A, in the amount of $774,709.68; and (3) approve
Contract Change Order #1 to Blair Paving in the amount of $229,485.00 for portions of
Moody Street, Ball Road and Crescent Avenue, also included on Exhibit A. The motion
unanimously carried by the following rollcall vote:
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A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
CONSIDERATION OF RETENTION OF PROFESSIONAL TESTING LABORATORY SERVICES
FOR MATERIALS TESTING AND CONTROL FOR THE HEATER SCARIFICATION,
OVERLAY AND RECONSTRUCTION OF VARIOUS STREETS IN THE CITY, CITY OF
CYPRESS PROJECT #8704-90: Mr. Beardsley presented a report dated October 2 listing
three bids received.
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October 14, 1986
It was moved by Councilman Mullen and seconded by Councilman Partin to retain the
professional testing laboratory services of W.R.G. Company, Inc., P. O. Box 892, La Habra,
for the Materials Testing of Project #8704-90, per their proposal in an amount not to exceed
$11,425.00. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCIL MEMBERS: None
1 COUNCIL MEMBERS: Coronado
CONSIDERATION OF RETENTION OF PROFESSIONAL INSPECTION SERVICE FOR THE
HEATER SCARIFICATION PROJECT AT VARIOUS LOCATIONS IN THE CITY, CITY OF
CYPRESS PROJECT #8704-90: The Public Works Director presented a report dated
September 30 recommending that the City retain the inspection services of Mr. Taylor
Moore.
It was moved by Councilman Mullen and seconded by Councilman Partin to retain the
professional inspection services of Taylor Moore, Kern Canyon Road, Space 232, Bakersfield,
per his proposal in an amount not to exceed $9,600.00. The motion unanimously carried by
the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCIL MEMBERS: Coronado
CONSIDERATION OF REPAIRS TO MYRA AVENUE STORM DRAIN MOTOR AND PUMP AT
PUMP STATION #2: 1\1r. Beardsley presented a report dated October 3 which described the
repairs needed and recommended that the repair work be performed by the pump
manufacturer who is expected to complete it prior to the storm season. The report indicated
that, since the exact problem cannot be diagnosed without substantial cost for removal and
dismantling, competitive bidding is not practical for this work.
It was moved by Councilman Mullen and seconded by Councilman Partin to: (1) allocate
$14,000.00 from the unappropriated reserves of the General Fund to Account #4161-11-
218.08; and (2) dispense with regular bidding procedures and authorize Pump Station #2
repairs by Johnston Pump Company, 16021 Adelante Street, Azusa, in an amount not to
exceed $1~,653.00 plus tax. The motion unanimously carried by the following roll' call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF WATER LINE
AT THE CITY MAINTENANCE YARD, CITY OF CYPRESS PROJECT #8509-90: Mr.
Beardsley presented a report dated October 6 listing six bids received.
It was moved by Councilman Mullen and seconded by Councilman Partin to: (1) authorize an
appropriation from the fund balance of the General Fund and appropriate $16,000.00 to
Account #4186-11-409.24; and (2) determine that the lowest responsible bidder for Project
#8509-90 is C K Pump & Dewatering Corporation, 2841 Gardena Avenue, Signal Hill, and
award them the contract, for Route #2, in the amount of $21,505.00. The motion
unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCIL MEMBERS: None
1 COUNCILMEMBERS: Coronado
CONSIDERATION OF RETENTION OF PROFESSIONAL INSPECTION SERVICE FOR THE
INSTALLATION OF WATER LINE AT THE CITY MAINTENANCE YARD, CITY OF CYPRESS
PROJECT #8509-90: The Public Works Director presented a report dated October 6
recommending that the City retain the inspection services of Mr. Taylor Moore.
It was moved by Councilman Mullen and seconded by Councilman Partin to: (1) authorize an
appropriation from the fund balance of the General Fund and appropriate $900.00 to Account
#4018-11-209.24; and (2) retain the professional inspection services of Taylor Moore, Kern
Canyon Road, Space 232, Bakersfield, per his proposal in an amount not to exceed $900.00.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
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City Council Minutes
October 14, 1986
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) POLICE ENFORCEMENT
MOTORCYCLE: The Finance Director presented a report dated October 6 recommending
that the motorcycle be purchased under the City of Brea's contract with V .I.P. Kawasaki.
It was moved by Councilman Partin and seconded by Mayor Lacayo 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 one (1) Police enforcement
motorcycle under the City of Brea's contract with V.I.P. Kawasaki, 7241 Orangethorpe
Avenue, Buena Park, in the amount of $6,035.64. The motion unanimously carried by the
following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCIL MEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
CONSENT CALENDAR: All items listed on the agenda under "Consent Calendar" are to be
considered by the City Council as routine and enacted by one motion approving the
recommendations on the agenda.
In regard to Item #36, Consideration of Memorandum of Understanding with the Orange
County Transportation Commission, Grade Separation Structure Study, Mr. Beardsley
reported that a Commissioner requested that the following language be added to the
Memorandum on page 2 under Roles and Responsibilities - Project Manager: "The Orange
County Transportation Commission has budgeted $20,000 for the consultant engagement".
Staff responded to questions from Councilman Kanel and reported that the study will be done
within the existing street right-of-way. Staff indicated that the consultant plans to hold
meetings with the surrounding property owners and City Council, and McDonnell Douglas is
aware of the study and wants to be involved.
Councilman Partin questioned Item #25 regarding a Claim Filed by Larry H. Parker,
Attorney, On Behalf of Michael Massingill. Mr. Barrett reported that staff checked their
records and no accident was reported on that date by anyone fitting the claimant's
description, at the Katella/Knott location. The accident was not reported in Garden Grove -
or Stanton.
In regard to Item #27 concerning a Claim Filed by Rogers Cablesystems of California, Inc.,
Councilman Kanel asked why the claim was filed against Cypress when the case involved a
cable line being cut by a contractor. Mr. Barrett indicated that Cypress was named in
addition to the other parties, and the contractor's insurance company gave defense on behalf
of the City of Cypress.
It was moved by Councilman Mullen and seconded by Councilman Partin to approve Consent
Calendar Items #15 through #39. The motion unanimously carried by the following roll call
vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
Item #15: Motion to Approve City Council Minutes of the Regular Meeting of September 22,
1986 .
Recommendation: That the City Council approve the Minutes of September 22, 1986, as
submitted.
Item #16: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
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Item #17: Consideration of Proclaiming October 1986 as "United Way Month".
Recommendation: That the Mayor and City Council officially proclaim the month of October
1986 as "United Way Month" in the City of Cypress.
Item #18: Consideration of Monthly Investment Report for the Month of August 1986.
Recommendation: Receive and file.
Item #19: Consideration of Alcoholic Beverage License Transfer Application Filed by Batoul
Kargar, DBA Lincoln Market, 5177 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
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City Council Minutes
October 14, 1986
Item #20: Consideration of Alcoholic Beverage License Transfer Application Filed by Cyrus
Leeper, Jr. and Joan E. Leeper, DBA Andy's Wine &. Spirits, 6271 Ball Road, Cypress.
Recommendation: Receive and file.
Item #2h Consideratiop of Transf~Ap[)lication for an Alcoholic Beverage License
Submitted by Hagop Garabed Ghazarossian and Nora Ohannese Janoyan, DBA Shop and Go
Market, 5961 Cerritos Avenue, Cypress.
Recommendation: Receive and file.
Item #22: Consideration of Proclaiming October 19, 1986, as "Father Jerzy Popieluszko
I Day". '
Recommendation: That the Mayor and City Council officially proclaim October 19, 1986, as
"Father Jerzy Popieluszko Day" in the City of Cypress as requested.
Item #23: Consideration of Proclaiming October 24, 1986, as "United Nations Day".
Recommendation: That the Mayor and City Council officially proclaim October 24, 1986, as
"United Nations Day" in the City of Cypress.
Item #24: Consideration of Resolution Approving the City of Los Alamitos' Request for
Membership in the Santa Ana River Flood Protection Agency.
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Recommen~tion: That the City Council adopt the Resolution by title only, title as fOlIo.s,
ratifying the City of Los Alamitos' request for membership in the Santa Ana River Flood
Protection. Agency:
RESOLUTION NO. 3148,
A RESOL UTION OF THE CITY COUNCIL OF THE j~y OF CYPRESS
RATIFYING THE CITY OF LOS ALAMITOS' REQUEST FOR
MEMBERSHIP IN THE SANTA ANA RIVER FLOOD PROTECTION
AGENCY.
-.oJ
Item #25: Consideration of Claim Filed by Larry H. Parker, Attorney, On Behalf of Michael
Massingill.
Recommendation: That the City Council officially reject the subject claim and refer it to
the City's Claims Administrator, Carl Warren &. Company, for appropriate disposition.
q,:'
Item #26: Consideration of Claim Filed by Keri L. Wann.
Recommendation: That the City Council officially ceject the subject claim and refer it to
the City's Claims Administrator, Carl Warren &. Company, for appropriate disposition.
Item #27: Consideration of Claim Filed by Rogers Cablesystems of California, Inc.
Recommendation: That the City Council officially reject the subject claim and refer it to
the City's Claims Administrator, Carl Warren &. Company, for appropriate disposition.
Item #28: Consideration of Adopting an Ordinance Allowing the Enforcement of Vehicle
Code Section 22507, "Local Regulations".
Recommendation: That the City Council approve the first reading of the Ordinance by title
only, title as follows, allowing the City to enforce Vehicle Code Section 22507, "Local
Regulations," prohibiting vehicles over 6' in height from parking within 100' of an intersection
which has been posted with appropriate signs:
.
,ORDINANCE NO.
~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, RELATING TO REGULATION OF THE PARKING OF
VEHICLES.
Item #29: Consideration of Employment List - Police Sergeant.
Recommendation: That the City Council certify the Employment List for the position of
Police Sergeant as submitted.
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City Council Minutes
October 14, 1986
Item #30: Consideration of Claim Filed by Paul Thome.
Recommendation: That the City Council reject the subject claim.
Item #31: Consideration of Amendment to Custodial Services Contract - Cypress
Com munity Day School.
Recommendation: That the City Council approve Amendment No.2 to the Custodial and
Maintenance Agreement between the City of Cypress and the Orange County Department of
Education; authorize the Mayor to execute the Amendment on behalf of the City; and direct
that a final billing be prepared and submitted to the Orange County Department of Education
for services rendered between July 1, 1986 and September 30, 1986.
Item #32: Consideration of Time Extension of Conditional Use Permit #85-4, Cypress
Fashion Plaza, Phase II, Southwest Corner of KatelIa Avenue and Knott Street.
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Recommendation: That the City Council grant a one-year time extension to Phase II of
Conditional Use Permit #85-4, to expire March 6, 1988.
Item #33: Consideration of Variance #84-5, Roof Mounted Satellite Dish Antenna - 6478
Pitcairn Street.
Recommendation: That the City Council receive and file the report.
Item #34: Consideration of Amendment to Employment List - Senior Planner, Certified
August 25, 1986.
Recommendation: That the City Council approve an amendment to the Senior.Planner
Employment List dated August 15, 1986, which was certified at the Council meeting of
August 25, 1986, as outlined in the report.
Item #35: Consideration of Resolutions Commending the Cypress Gamblers, Cypress Tri-
Cities Gordon's Panthers, and the Cypress Inland Cities Raiders Girls Softball Teams.
-,
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows, commending the Cypress Gamblers, Cypress Tri-Cities Gordon's Panthers, and the
Cypress Inland Cities Raiders Girls Softball Teams on winning the Amateur Softball
Association of'America 1986 National Championships in their respective age groups:
RESOLUTION NO. 3149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE CYPRESS GAMBLERS GIRLS SOFTBALL TEAM,
THE AMATEUR SOFTBALL ASSOCIATION OF AMERICA 12 YEARS
AND UNDER 1986 NATIONAL CHAMPIONS.
RESOLUTION NO. 3150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE CYPRESS TRI-CITIES GORDON'S PANTHERS
GIRLS SOFTBALL TEAM, THE AMATEUR SOFTBALL ASSOCIATION
OF AMERICA 15 YEARS AND UNDER 1986 NATIONAL CHAMPIONS.
RESOLUTION NO. 3151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE CYPRESS INLAND CITIES RAIDERS GIRLS
SOFTBALL TEAM, THE AMATEUR SOFTBALL ASSOCIATION OF
AMERICA 18 YEARS AND UNDER 1986 NATIONAL CHAMPIONS.
...'~
Item #36: Consideration of Memorandum of Understanding with the Orange County
Transportation Commission - Grade Separation Structure Study - City Project #8735-90.
Recommendation: That the City Council approve the Memor9ndum of Understanding for a
grade separation project study at the intersection of Valley View Street and Katella Avenue
and authorize the Mayor to execute this document on beh8~i1\f the City.
Item #37: Consideration of Appropriation of Funds for Temporary Contract Parkway
Maintenance Services.
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City Council Minutes
October 14, 1986
Recommendation: That the City Council appropriate $7,600.00 from the fund balance of the
General Fund to Account #4187-11-217.08 and authorize payment to Norrell Services, Inc. of
Cypress, in the amount of $7,517.46.
Item #38: Consideration of a Communication from the City of Avalon Requesting Support
for Legislation Which Will Limit Liability Exposure for Park and Recreational Facilities.
Recommendation: That the City Council direct the City's representative to vote in favor of
this Resolution at such time as it is presented at the conference business meeting.
Item #39: Consideration of Employment List - Clerk Typist.
Recommendation: That the City Council, acting as the ex officio Board of Directors of the
Cypress Recreation &. Park District, certify the Employment List for the position of Clerk
Typist as submitted.
CONTINUATION OF CONSIDERATION OF ENFORCEMENT OF CONDITIONS ON
CONDITIONAL USE PERMIT #C-224 - ROYAL GARDEN APARTMENTS, 9352 HOLDER
STREET, CYPRESS: The City Manager presented a report dated October 9 which indicated
the apartment owner has agreed to raise the block wall fence and is pursuing the installation
of window screening in lieu of the carport screening construction. The owner's
representative requested that this item be continued to the next meeting to allow him to
contact vendors about the cost of the window screening.
Hearing no objections, the Mayor continued this item to the October 27 meeting.
COUNCILMAN CORONADO ARRIVED AT 8:45 P.M.
Following comments by Mrs. Kathy Williams, Buena Park, who requested that the carport
wall be increased two feet in height, the Council requested that staff investigate a method to
resolve the problem of the carport wall and report back at the next meeting.
CONTINUA TION OF CONSIDERATION OF REPORT REGARDING THE PROPOSED
ELIMINATION OF LIGHT INDUSTRIAL LAND USES ON PROPERTIES ADJACENT TO
CERRITOS AVENUE, WITHIN THE CYPRESS PLAZA (LOS ALAMITOS RACE TRACK AND
GOLF COURSE) SPECIFIC PLAN AREA: The Planning Director presented a report dated
October 3 describing five alternatives which can be considered for minimizing or eliminating
light industrial land uses within the Cypress Plaza Specific Plan area. The alternatives were:
elimination of an, or partial elimination of light industrial uses, requiring a conditional use
permit, requiring an increased setback from Cerritos Avenue for all light industrial uses, and
prohibiting light industrial type uses on properties fronting on Cerritos Avenue at the
northwest corner of the Specific Plan area only.
Councilman Kanel stated he brought up the matter of eliminating industrial uses because
there are residents living along Cerritos A venue who are concerned about industrial
businesses on the property. He stated it is the Council's responsibility not to allow industrial
uses along Cerritos when proposals are submitted.
Councilman Coronado inquired about the setback provisions. He stated the residents are
interested in a nice aesthetic appearance and landscaping for the property. The Planning
Director reported that the setback requirements for Cerritos Avenue are 20 feet for
landscaping and 40 feet for buildings.
The City Council approved Alternative #5 which would prohibit light industrial uses along
that section of Cerritos A venue closest to the existing residential area, but would permit
such uses at the northeast corner of the property adjacent to Walker Street, and they
received and filed the report.
CONTINUATION OF CONSIDERATION OF REVISED PARKING PLAN FOR THE LOS
ALAMITOS RACE TRACK FACILITY: The Planning Director presented a report dated
October 9 and reviewed the revised parking plan and attached conditions which address
concerns raised at the last meeting. The proposed plan will provide for 8,500 paved parking
stalls, 8 feet 3 inches in width, 1,100 shared or unpaved parking spaces, and widening of the
main Siboney entrance north of the proposed east/west street to provide adequate circulation
into the parking area. Mrs. Eynon reported that staff is recommending the following
condition: The 275 paved parking spaces proposed for the northeast corner of the property as
shown on the revised plan dated October 10 shall be relocated and redesigned. Mr. Essex
indicated that the intent of the revised plan was to maintain the same number of parking
spaces that currently exist.
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City Council Minutes
October 14, 1986
Mr. George Manfredi, attorney representing the Horsemen's Quarterhorse Racing
Association, stated they realize that this is not the appropriate place for resolution of their
lease dispute but they want to note for the record that the parking plan is a violation of their
lease. He thanked staff for responding to their concerns but stated they feel the plan still is
inadequate to preserve the integrity of the racing facility, it will result in access problems,
and it will not be able to accommodate existing patrons and enhancement of the track.
Councilman Mullen felt the revised plan was a reasonable compromise on the stall width and
number of spaces and that the Race Track will find ways to accommodate patrons on special
event days when more parking is required. Councilman Kanel indicated that he spoke with
staff and recommended that parking for 275 cars near Cerritos be eliminated to protect the
integrity of Cerritos A venue. He asked if the parking stalls will be striped. Mrs. Eynon
stated the stallS will be horizontally striped but there will be no side striping.
II'I"'II!II
.,,';i?'~
Mr. Manfredi stated his personal impression in reading the condition is that there would be
8,500 striped and delineated spaces. He stated Hollywood Park proposes a smaller blacktop
area and they are trying to compress parking there. He stated that when a large volume of
cars arrive rapidly at the start of a race it wilrbe extremely difficult to park them 8' 3"
apart.
Mr. Neal Papiano, attorney for Hollywood Park, reported there is no stall striping now at Los
Alamitos or at the other tracks in southern California. He stated that without striping more
cars can be parked on busy days because cars are parked closer together. He stated racing
patrons are accustomed to no striping. Mr. Papiano stated Hollywood Park would be willing
to stripe the stalls. He stated Hollywood Park looks forward to growth at the track and if
parking warrants it they will build a parking structure. He indicated that at present
additional parking is not needed.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve the revised
parking plan dated October 10 subject to the conditions recommended by staff.
Councilman Kanel stated he had questions about the parking plan and could not support it as
presented. Councilman Coronado stated the parking is much too inadequate and that he
wanted some assurance for growth potential. Mayor Lacayo stated he supported the
compromise to increase parking to 9,600 spaces. He felt that if the track is successful in
attracting more patrons Hollywood Park will-be the first to request more parking space. He
stated the Council has not heard from the other users of the track who hold meets 75% of the
time that there is a parking problem.
The motion carried by the following roll call vote:
-
t';-'-'iiij
A YES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Mullen, Partin &. Lacayo
2 COUNCILMEMBERS: Coronado &. Kanel
o COUNCILMEMBERS: None
SECOND READING OF ORDINANCE RE: ZONE CHANGE #86-1: The Mayor asked if there
were comments on the Ordinance.
Councilman Kanel stated he has spoken to residents who have asked if the Council can defer
a decision on the zone change. He stated that at the last meeting he reserved his right to
change his vote on the matter and that it was difficult to proceed at this time because of the
implications of the zone change. He stated the issue of finding a replacement golf course has
not been resolved and he would like the matter continued so that the Council can receive
more input. He suggested that this item be continued until after the November election.
Councilman Partin stated he could not support continuing the matter and that he was ready
to vote for it now. He stated the Council was aware there would be opposition from the _
golfers but there are many residents unaware of the race track plans who are more concerned
about the prosperity of the City and seeing that there are revenues to keep taxes down and
provide for City programs and services. Councilman Partin stated he has spoken with
residents and did not find a great outpouring of resentment or questions concerning the race
track property.
Councilman Mullen discussed the issue of residents condemning the land to buy the golf
course and stated he would support the proposal if it made sense, but considering the land
cost he felt acquisition by the residents would be economically impossible. He questioned
how the debt would be serviced if the land was bought through a bond issue. Councilman
Mullen stated he sympathized with the golfers, he felt a course at the Armed Forces Reserve
Center was feasible, and he pledged his support in building a new golf course. Councilman
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"227
City Council Minutes
October 14, 1986
Mullen stated the additional jobs and revenue to the City from buildout of the property
cannot be ignored and the revenues will help maintain the quality of the ~,i ity. He stated the
promised physical improvements at the track are needed and will be a chhnge for the better.
, '
Councilman Coronado stated for the record that his opposition to approvatoft~ z6ne
change is based on a point of principle.
Councilman Kanel stated the Council is aware of the threat of a referendum. He asked if
Mr. Papiano had anything to report from his discussions with the golfers.
Mr. Papiano reported he spoke with Mr. Geyer and asked that Hollywood Park be allowed to
continue their efforts to get a new golf course. He stated Hollywood Park anticipates
meetings with the Secretary of the Navy and Secretary of Defense and hopes to convince
them that a golf course on the military property is reasonable. Mr. Papiano stated Hollywood
Park will continue their efforts as long as the parties are working together and not being
divisive.
Mr. Roger Geyer asked for clarification of statements in the Mayor's press release relating to
a meeting between the Council and the Los Alamitos Men's Club Board of Directors and
stated they should be straighted out before going to the papers.
Mayor Lacayo stated it has always been his intention to get a golf course for those who play
at Los Alamitos. He stated he was going to call for a special session of the Council so that
they could meet with the golf group, Hollywood Park and AFRC commanders and explain
their sincere efforts to relocate the golf course and carryon with efforts after the race
track plan is approved.
Mr. Bernard G. Wins berg, attorney for the Los Alamitos Men's Club, stated that as a result of
his comments at the previous hearing, Hollywood Park increased funding they will spend on
improvements. Mr. Winsberg stated that since identifying himself as the Club's attorney in
July he has not been contacted by the City Attorney or attorneys for Hollywood Park, and he
felt that some of the problems now facing the Council could have been avoided if there had
been a meeting between the attorneys.
Mayor Lacayo questioned why the Men's Club needed an attorney anC\.~tated the Council, and
not attorneys, are responsible for getting the golf project done. Mr. ~Winsberg responded to
comments from Councilman Partin and indicated that he is not involved in the political
campaign in Cypress. He stated some of his clients are acting as residents and voters of
Cypress and they are unhappy with the action of the Council and want the issue placed before
the voters.
It was moved by Councilinan Mullen and seconded by Councilman Partin to adopt the
Ordinance by title only, title as follows:
ORDINANCE NO. 765
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPR.ESS
AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE
CITY OF CYPRESS, 2Y CHANGING THE ZONING CLASSIFICATION
OF CERTAIN PR9PERTY FROM PS PUBLIC AND SEMI-PUBLIC TO
PC-25A (ZONE CHANGE NO. 86-1) AND ADOPTING DEVELOPMENT
STANDARDS. FOR SAID PROPERTY.
The motion carried by the following roll call vote:
~ :
A YES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Mullen, Partin &. Lacayo
2 COUNCILMEMBERS: Coronado &. Kanel
o COUNCILMEMBERS: None
Mayor Lacayo stated the issue has become very muddy and citizens do not understand what is
occurring. He stated he intends to ask the Council to hold town halrmeetings throughout the
City so that residents, including the golf petition signers, cae' find out what the Council
approved tonight.
RECESS: The Mayor called a recess at 10:30 p.m. The Council reconvened at 10:51 p.m.
with all members present.
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228
City Council Minutes
October 14, 1986
CONTINUATION OF CONSIDERATION OF A COMMUNICATION REQUESTING A BAN ON
FIREWORKS: Mr. Essex presented a report dated October 6 which transmitted a letter from
Mr. and Mrs. Thomas Wheeler who expressed concern over the growing problem of illegal
fireworks and suggested that Cypress put on a community fireworks display or explore other
ways to correct the problem.
Mayor Lacayo suggested that this item be considered by the new City Council and that they
look at the possibility of placing a fireworks measure on the ballot. ,.....
There being no objections, the Mayor continued this item until after the November 4 election
to be considered by the new Council.
CONTINUATION OF CONSIDERATION OF MOTOR HOME PARKING ON CITY STREETS:
Mr. Essex presented a report dated October 9 which transmitted a letter from Mr. John
Poultney who requested that the Council consider prohibiting large recreational vehicle
parking on City streets.
The City Council'referred this item to the Traffic Commission for study.
CONTINUATION OF CONSIDERATION OF RESOLUTION CONCERNING A DRUG ABUSE
PREVENTION PROGRAM: Mr. Essex presented a report dated October 9 which transmitted
the Resolution with revisions by the City Attorney.
Mayor Lacayo spoke in support of the Resolution and stated it addresses the problem of drug
abuse in the work place and the problem of drug pushers and calls for establishment of a
program that will help identify pushers through an informant reward fund. He stated the
intent of the drug awareness program is to rehabilitate the users and punish the pushers. He
suggested that the Resolution be shared with the school districts and Chamber of Commerce
and he felt a community effort was needed to attack the problem of pushers.
Councilman Coronado stated he brought up the matter of drug testing in order to show the
community and employees that the legislative body and administrators of the City are not
adverse to taking the test. He stated he does not oppose the Resolution but he felt it was a
watered down program which removed the Council's involvement. Councilman Coronado
stated he intended to take the drug test. Councilman Kanel indicated he did not support
mandatory testing of all City employees. Councilman Mullen expressed support for
provisions of the Resolution dealing with pre-employment testing and testing of employees
whom the City reasonably believes to be impaired on the job as a result of drug use, but he
stated he did not accept large scale drug testing for City employees.
-
o'
It was moved by Councilman Partin and seconded by Councilman Mullen to adopt the
Resolution by title only, title as fallows:
RESOL UTION NO. 3152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
EXPRESSING ITS CONCERN OF DRUG ABUSE AND INDICATING ITS
SUPPORT FOR PROGRAMS COMMITTED 'I'O DRUG ABUSE
PREVENTION.
The motion unanimously carried by the following rollcaIrvote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF A WARD OF FRANCHISE FOR THE COLLECTION OF GARBAGE,
RUBBISH AND WASTE MATERIAL IN THE CITY OF CYPRESS: Mr. Essex presented a
report dated October 9 which summarized provisions of the amended agreement with
Briggeman Disposal Company and recommended that the contract be extended for a 10 year
period.
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Councilman Coronado stated he received a complaint from a resident who put out bundles of
branches and had only half the load picked up by the disposal company. He asked how many
loads will be picked up at once.
Mr. George Briggeman Jr. stated the trucks will pick up four tied bundles which are not more
than 3 feet in length. He reported that 99% of the time the trucks will return for another
load.
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229
City Council Minutes
October 14, 1986
It was moved by Councilman Partin and seconded by Councilman Coronado to authorize the
Amendment to the Agreement for the Collection of Garbage, Rubbish, and Waste Material as
outlined in the report and authorize the Mayor to sign and the City Clerk to attest to the
revised Agreement and award the franchise to Briggeman Disposal Company, Inc., for a
period ending June 30, 1996. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
o COUNCILMEMBERS: None
o COUNCIL MEMBERS: None
CONSIDERATION OF DESIGN REVIEW COMMITTEE #86-34, LIGHT INDUSTRIAL
BUILDING ON GATEWAY DRIVE: The Planning Director presented a report dated October 8
describing a proposed 84,500 square foot light industrial building to be located within the
Warland/Cypress Business Center on the south side of Gateway Drive at the east end of the
cul-de-sac. The project was submitted as a corporate headquarters but will include a large
warehouse for product distribution, and 9 loading docks are proposed.
It was moved by Councilman Mullen, seconded by Councilman Partin and unanimously carried
to receive and file the Design Review Committee #86-34 report.
CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION FOR TRAFFIC COMMISSION
AND RECREATION & COMMUNITY SERVICES COMMISSION APPLICANTS: Mr. Essex
presented a report dated October 6 which transmitted copies of the applications received for
the two Commissions.
Hearing no objections, the Mayor continued this item until after the November election.
CONSIDERATION OF REQUEST OF ADDITIONAL PARK MAINTENANCE EQUIPMENT: Mr.
Beardsley presented a report dated October 2 which requested the purchase of various
equipment needed for maintenance services in the parks, parkways and medians.
It was moved by Councilman Mullen and seconded by Councilman Partin to appropriate
$20,660.00 from the fund balance of the General Fund to the following accounts, and
authorize the Department of Public Works to requisition the equipment as outlined in the
staff report:
Account No.
Amount
4844-90-656.35
4845-90-656.35
4846-90-656.35
4847-90-656.35
4848-90-656.35
4380-90-659.39
$1,600
900
640
520
3,000
14,000
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
o COUNCIL MEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF SETTLEMENT AGR.EEMENT BETWEEN THE CITY AND COUNTY
SANITATION DISTRICT #3 AND REHABILITATION OF SIX CYPRESS SEWER MANHOLES
WITH DISTRICT'S PROJECT ON VALLEY VIEW STREET, CITY OF CYPRESS PROJECT
#8600-90: Mr. Beardsley presented a report dated October 1 outlining terms of the
settlement agreement and indicating that the County Sanitation Districts agreed to pay 90%
of the construction cost to settle the claims and to reimburse the City for rehabilitating six
manholes at an estimated cost of $95,000. District #3 is rehabilitating some of their
manholes on Valley View and agreed to include the City's manholes in its contract which
should minimize traffic disruption.
It was moved by Councilman Mullen and seconded by Councilman Partin to: (1) approve the
settlement agreement and general release of all claims between the City and Sanitation
District #3 and to include rehabilitation of the City's sewer manholes; and (2) authorize the
Mayor to sign the settlement agreement and the City Clerk to attest to the agreement. The
motion unanimously carried by the following rolr can vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, M:ullen, Partin & Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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230
City Council Minutes
October 14, 1986
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
#17002 - 17292: It was moved by Councilman Mullen and seconded by Councilman Kanel to
approve the Warrant List for Warrants #17002 - 1t17292 in the amount of $996,267.49. The
motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, MuIren, Partin &. Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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SECOND READING OF ORDINANCE RE: ZONE CHANGE #86-2: It was moved by
Councilman Mullen and seconded by Mayor Lacayo to adopt the Ordinance by title only, title
as follows:
ORDINANCE NO. 766
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 640, BY PLACING A CERTAIN PARCEL
OF LAND IN THE CH-I0,000 ZONE, KNOWN AS ZONE CHANGE NO.
86-2.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin &. Lacayo
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
WRITTEN &. ORAL COMMUNICATIONS: Councilman Mullen requested that staff prepare a
report in response to the letter received from Mrs. Jo Ann Eyre regarding vibrations at Hyatt
Die Cast. Councilman Mullen also asked that the letter from Mr. Gary Oustad requesting
more playing fields in the City be referred to the Recreation and Community Services
Commission. The Mayor requested that staff notify Mr. Oustad that the item has been
referred to the Commission.
-
Mayor Lacayo recommended that the City Council conduct a series of townhal1' meetings
throughout the City to explain to residents what actions the Council has taken relative to the
Race Track property. Councilman Coronado stated that residents could have attended the
public hearing on the Race Track property, that he saw no need for the townhall meetings,
and that the Council would be spending funds to fight a political situation.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to direct staff to
schedule dates for the townhalI meetings, and schedule the first meeting for next week. The
motion carried by the following roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Kanel, Mullen, Partin &. Lacayo
1 COUNCILMEMBERS: Coronado
o COUNCIL MEMBERS: None
ADJOURNMENT: The Mayor adjourned the meeting at 11:36 p.m.
ATTEST:
#'".c~
CIT
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