Minutes 86-11-24
,"- 249
:. I'
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 24, 1986
The regular meeting of the Cypress City Council was called to order at 6:33 p.m. on Monday,
November 24, 1986, in the Cypress City Council Chamber, 5275 Orange Avenue, Cypress,
California, by Mayor Otto Lacayo.
PRESENT: Councilmembers Coronado, Kanel, Mullen, Partin & Lacayo
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Mark J-luebsch, and
staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilman Partin led the pledge to the flag.
Councilman Partin addressed the recent election and referendum petition and indicated he
was hopeful the new Council would take action to defeat the plan for the Race Track
property in accordance with the wishes of the voters. He stated he felt the Council did the
right thing in approving the zone change even though it was an unpopular action and he hoped
the citizens would not hold his vote against him. Councilman Partin stated he enjoyed his
time serving on the City Council.
Mayor Lacayo stated that for the past 16 years he has worked for the people and voted his
conscience and he felt the business park designation for the Race Track parcel was correct;
however, since the petition qualified for the referendum, he was in favor of repeating the
ordinance rather than holding a special election which would be costly and would further split
the City.
CONSIDERATION OF RESOLUTION DECLARING THE RESULTS OF THE GENER AI...
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1986: Mr. Essex presented a report dated
November 19 transmitting the Resolution which recites the election results.
It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the
Resolution by title only, title as follows:
RESOLUTION NO. 3164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 4,
1986, DECLARING THE RESULT THEREOF AND SUCH OTHER
MATTERS AS ARE PROVIDED BY LAW.
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
In accordance with Section 6 of the above Resolution #3164, the following is a statement of
the results of said election:
1. The whole number of votes cast in the City was 12,657.
2. The names of the persons voted for at said election for member of the City Council of
said City are as roJ)ows:
John Kanel
William "Bill" Davis
Alice J. Talbott
Richard Partin
Margaret M. Arnold
3. The number of votes given at each precinct and the number of votes given in the City
to each of such persons above named for the office of member of the Citv Council
were as listed below in Exhibit A: ~
250
City Council Minutes
November 24, 1986
EXHIBIT A
GEN~QAl fl~CTION. NOVE~3ER ~. 198b
28
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1ll 31 7-CYP <~ S S 580 256 ~~.~ 'I" H5 1b8 11b ~b
lu,I'1-':YP~~5S b211 3H 53. b H'l 2el 218 135 Hl
lu3!l-r,yP""S~ ;ilid ~61 b7.0 2H 3F 25b 150 200
(1)~1l-CYP,;:5 H2 223 ~5.2 '13 1 b HI 89 96
10~12-CYP'~tSS 477 232 ~8.b 10'1 134 H6 73 104
10 3 ~~-t:YP ~E SS fl'l9 ~H 59.2 It>O 231 lH 151 171
10 P5-(Y;>,[ 5$ ~h2 2~7 51.7 109 174 Hi> 105 '10
103Z'>-CYP ".E>S 5e9 295 50.0 12'J 172 1'1~ 110 125
lu3L1-CYP":css "Co 209 51.4 107 12'1 llb 6b '13
lu.>Lc-C Yi' 1<" ') 5 ~ 12 2~Q 5'\.8 91 132 139 '16 69
lu~j'J-(YP ,!OSS ~19 1 ., 3~.b 56 75 83 b3 ~7
If,331-(YPiI"SS ~07 2~9 t:l.1 132 IH 1~8 65 118
1()33l-(YP~i:SS 583 3~0 ~ d. 3 152 202 216 105 151
lu3H-CYP~E55 ~~1 Hb b~.6 IH 228 197 '15 I'll
lC33b-CYi' ;lESS 462 281 62.5 139 171 183 61 132
10~37-(Yi'Q;:5S ~'1~ 305 61.1 IH Z3~ 156 73 136
lC33!'-CVP ,~SS ~48 313 69.8 127 1<)1 1'15 l~a 113
1.J3B-(Yi' ,,;;SS 536 3~1 64. ~ 167 212 21'\ IH 1'\2
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IIJ3b6-r.YP d 5 S b97 359 ~ 1. 5 Ih1 231 2H 13~ 151
IJ36'-CYP';~SS 533 3H 7,). ~ 1~3 213 211 126 182
1:J367-CY?y.!':SS 44.. 2B 5l.6 116 139 151 5~ 12~
IJ3o~-CYP ~"5S 50~ 313 67.1 1"3 20'> 112 91 150
10369-(VP ~~~S 3n 25,:) 65.9 116 143 1'1'1 93 '16
1031lJ-(YPi'fSS 471 271 57.5 153 119 171 H 122
lu171-~YP "~S') 463 253 5'0.6 113 161 leI 107 <l5
10HZ-CYP .~~SS 6,.0 281 ~!'.e 13~ 151 IP., 107 111
IJ374-(VP .::'55 226 Ii'\ 31.1 3~ 30 '\3 23 2'1
1031t-CYP~~55 512 2<;6 51.8 131 1 "5 l'l~ 72 IbO
1~.117-CY" "55 lG 1 15 d 52.4 t J l'Jl 'l4 59 62
lL'37:,-':YI' ,<'.i5 ~03 2]5 (, oj. 2 Q7 1.,.. 172 121 102
l037f)-I~y~.....r: s) 13 3 431 5;;.7 225 25'> 2t:8 1'\6 175
103cO-CYPi'Eo5S 556 3hJ 6'\.7 1 h 1 213 231 162 13'>
11,3.J1-CYP.:f3S 572 377 65.'l 1"7 22'\ 231 131 128
1\:~3<-CYP,~SS ~52 2/;'l 5'1." 1')6 1'12 Ih2 106 11'1
If:3H-CYP <0 ~S 576 352 6J.8 154 216 213 12'0 179
lu3,.;-(YP ,,",5 b'll 383 5..,. '\ 16J 2H 2"" 156 153
1l.32<l-CYi' ._,,55 5H Z~9 5.. 1 129 H5 l')j 89 138
10~..I-CYi'.i-SS 524 315 60.1 115 16i:> 198 1~2 13"
}03C,2-CypPEo55 773 413 53.~ 167 243 271 1'16 154
103.i)-Crt ...FSS 471 277 5d.6 le3 113 199 100 12~
AaS~"Tf" TnTAl5 219,,6 el'1 J.7 4n1 '\7'3 ~'1~ 336 HI,
GRA"L T,Jl.!.LS 2l'J"h 13476 61.3 6021 ~27Z 9330 ~837 57AJ
"0- . 100' .. 70'
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251
City Council Minutes
N~vember 24, 1986
Elected as a member of the City Council for the full term of four years were:
Margaret 1\1. Arnold
William "Bill" Davis
John Kanel
6,021 votes
8,272 votes
8,330 votes
Councilman Partin stated he has enjoyed the past five years on the Council, he appreciated
everything done for him, and it was a pleasure working for Cypress which is one of the finest
cities in the County. Councilman Partin thanked his supporters and especially his wife Dani,
son Dick, and daughter Dobie, who supported him throughout four elections. He thanked the
City Manager and City staff for their goorl working relationship and support.
Mayor Lacayo stated Cypress has one of the finest staffs in the rounty, he was impressed
with their professional approach to government, and he thanked them for what he learned as
a Councilmemher. He thanked his campaign workers on every election and thanked his wife,
Lynda, for being his best supporter ano campaign companion. Mayor Lacayo said he was
proud that the citizens of Cypress had confidence in him and elected him to office four times
and he thanked them.
Councilmembers Partin and Lacayo resigned their seats on the Council.
The City Clerk administered the Oath of Office to newly elected Councilmembers Margaret
Arnold, William Davis and John Kanel, and the new Councilmembers took their seats at the
podium.
Mr. Essex thanked Councilmembers Partin and Lacayo for their work and support of staff and
their commitment to the community in serving on the Council.
CONSIDERATION OF CITY COUNCIL REORGANIZATION: The City Clerk called for
nominations for the office of Mayor.
Councilman Kanel nominated Councilman Coronado as Mayor.
Councilman Coronado stated he appreciated the nomination hut because of the demands of
his job which is a full-time commitment he could not devote full time and energy to the tasks
of Mayor. Councilman Coronado declined the nomination.
Councilman Coronado nominated Councilman Kanel as Mayor. There being no further
nominations, the motion to nominate Councilman Kanel as Mayor carried by the following
roll call vote:
A YES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Arnold, Coronado, Davis &- Kanel
1 COUNCILMEMBERS: Mullen
o COUNCILMEMBERS: None
Councilman Kanel assumed his seat as Mayor and asked for nominations for the office of
Mayor Pro Tern.
Councilman Coronado nominated Councilman Davis as Mayor Pro 'rem.
It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously
carried to close nominations for Mavor Pro Tem and elect Councilman Davis as Mavor Pro
Tern by acclamation.' .
At this time, Mayor Kanel presented former Councilmembers Partin and Lacayo with a
community service plaque in recognition of their service on the Council. Each of the
Councilmembers made personal statements to outgoing Councilmembers Partin and Lacayo.
RECESS: Mayor Kanel called a recess at 7:14 p.m. The Council reconvened at 7:20 p.m.
with all members present.
Councilwoman Arnold stated she was honored and thrilled to be able to serve the people of
Cypress and thanked them for their votes and for the opportunity to serve them.
Councilwoman Arnold introduced her two daughters, Dawn and Joy, and thanked them for
their hard work on her campaign.
Councilman Davis stated he appreciated the efforts of those who helped him win the
campaign and the opportunity to serve on the Council. He introduced his wife Kathy, son
Mike, daughters Vicky, Michelle and Leslie, and brother Lester. Councilman Davis stated he
will work hard for the City of Cypress.
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City Council Minutes
November 24, 1986
The remaining Councilmembers expressed congratulations and welcomed new
Council members Arnold and Davis.
ORAL COMMUNICATIONS: Mayor Kanelasked if anyone wished to speak in regard to any
matter not on the agenda.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed concern over the recreational
vehicle parking ban on streets and requested that the Council remove Item # 14 from the
Consent Calendar for separate discussion.
-
Mr. Milt Yates, 5832 Newman, Cypress, cong-ratulated the new appointees to the Council.
Mr. Yates described a problem he is encountering with the building addition of a neighbor and
advised the Council that he will appear in Superior Court on Wednesday to seek a restraining
order. Mr. Yates stated the City has been named as a defendant in the matter.
The City Attorney advised that since this matter relates to a claim and pending litigation it
should not be discussed in a public meeting.
Mrs. Katie Roethel, 5163 Melbourne, Cypress, asked if any action had been taken to stop the
noxious fumes at the Tank Farm and what the status was of the emergency plan that was to
be developed by the Fire Department. She reported that fumes are coming from the Tank
Farm beginning at 3:00 or 4:00 in the afternoon. Mrs. Roethel stated the Edison tanks are
being cleaned and they are creating the air pollution.
Councilman Coronado recommended that staff visit the Tank Farm and that Texaco be asked
to stop dismantling the tanks. He asked that the EPA and OSHA be notified of the problem.
Mayor Kane] requested that staff immediately investigate the problem and that the Council
committee studying the Tank Farm be reactivated. He asked that Councilmembers Arnold
and Coronado serve on the committee and report back to the Council.
Mrs. Roethel asked that AQMD inspectors be contacted and that she be notified of the
Council committee's findings.
-
RECESS: Mayor Kanel called a recess at 7:44 p.m. The Council reconvened at 7:46 p.m.
with all Members present.
STAFF REPORTS & DISCUSSION: Mr. Essex advised that the workshop on the
Katella/Valley View fly-over will be rescheduled. He requested an Executive Session for
litigation matters.
Hearing no objections, Mayor Kane] added Item #29 to the agenda regarding the problem of
vibrations at Hyatt Die Cast.
Mayor Kanel took Item #22 out of order.
CONSIDERATION OF CERTIFICATION OF SIGNATURES ON THE REFERENDUM
PETITION: Mr. Essex presented a report dated November 20 and certified that the
referendum petition submitted by the Concerned Citizens of Cypress contained the required
signatures of 10% of registered voters as last certified by the Registrar of Voters. He stated
the Council is now required to either repeal the Ordinance or call for an election. Mr. Essex
reported that, according to the Registrar of Voters, the cost of a special election would be
$1.25 per registered voter or a total of $27,000.
The City Attorney indicated that the Council has the options of calling for the election or
repealing the Ordinance either by adopting a Resolution or an Ordinance.
It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt the "',,-
Resolution by title only, title as follows:
RESOLUTION NO. 3165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING ORDINANCE NO. 765 (ZONE CHANGE NO. 86-1) A
ZONING ORDINANCE OF THE CITY OF CYPRESS, AND CONFIRMING
THE ZONING CLASSIFICATION OF CERTAIN PROPERTY AS PS
(PUBLIC AND SEMI-PUBLIC).
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City Council Minutes
November 24, 1986
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT #81-30, NORTH
ORANGE COUNTY REGIONAL OCCUPATIONAL PROGFAM (NOCROP), 5172 ORANGE
AVENUE: Mayor Kanel opened the public hearing. The Planning Director presented a report
dated November 17 which indicated that the proposed amendment is to allow educational
facilities in all of the existing buildings on the former Oxford Jr. High School site which will
allow the applicant to occupy the north half of Building E for classroom facilities. Mrs.
Eynon recommended that the following language be added to Condition #1: "(e) One two-
sided sign one foot high in the same width as the existing sign may be attached to the
Cultural Arts ~enter entrance sign on Orange Avenue at the northwest end of the property".
Councilman Coronado requested a modification to this condition to state that the sign shall
not detract from Cultural Arts Center activities.
Mayor Kanel asked if anyone wished to speak in support of the application.
Mr. Bob Bess, 9682 Salisbury, Cypress, asked what type of class activites were proposed and
if any would have a disruptive effect on the community. Mr. Essex reported that NOCROP
would occupy half of an existing building and offer plumbing and air-conditioning classes.
There were no speakers in opposition.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close the
public hearing and adopt the Resolution by title only, title as follows, approving the
Amendment to C.U.P. #81-30 suhject to the condition as recommended by staff:
RESOLUTION NO. 3166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 8]-30 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCIL MEMBERS: None
o ('OUNCILMEMBERS: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-30, DELICATESSEN AND
CONVENIENCE MAR KET WITH ONSITE AND OFFSITE ~ALE OF BEER & WINE, 596]
CER RITOS AVENUE: Mayor Kanel opened the hearing and the Planning Director presented a
report dated November 14 describing the application to operate Papa Joe's Delicatessen and
Convenience Market with the onsite and offsite sale of beer and wine at 5961 Cerritos
Avenue.
In response to Councilman Coronado, Chief Lowenberg stated the Police Department had no
objections to the application.
Mayor Kanel asked if anyone wished to speak in support or in opposition to the application.
There were no speakers.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close the
hearing and adopt the Resolution by title only, title as follows, approving C.U.P. #86-30
subject to the 12 conditions recommended by staff:
RESOLUTION NO. 3167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86-30 - WITH
CONDITIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMBERS: None
o COUNCIL MEMBERS: None
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254
City Council Minutes
November 24, 1986
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-3], AUTOMOTIVE SERVICES AND
REP AIR/RETAIL CENTER, 6612 eRR RITOS AVENUE: The Mayor opened the public hearing
and the Planning Director summarized a report dated November 14 describing the application
to construct an automotive services and repair/retail center at 6612 Cerritos Avenue. Mrs.
Eynon submitted a report to the Council with additional Conditions #42 - 44. She reported
that one letter was received protesting the project.
Mr. John Miller, representing the applicant Milco Development, Inc., 3838 Cerritos Avenue,
Los Alamitos, stated he has worked with staff for one year on this problem site to try to
create a workable plan and they came up with the automotive retail use. He stated they
tried to mitigate potential problems for surrounding properties and they feel it is a good
plan. Mr. Miller reported on potential sales tax revenue the project may generate, described
the architectural treatment of the buildings and typical occupants, and he presented slides of
a similar automotive center in Fountain Valley which was used as a model. Mr. Miller
indicated that the property owner has future plans to develop a dinner or fast-food restaurant
or a commercial building at the corner of Cerritos and Valley View.
.......
There were no other speakers in support or in opposition.
In discussing the hours of operation with the applicant, Councilman Mullen recommended that
Condition #30 specify hours of 7:30 a.m. to 7:00 p.m.
The Planning Director recommended an additional Condition #45: "Should substantiated
complaints be received regarding noise from the subject property, the City Council may at
its discretion call a public hearing to review the conditional use permit and add additional
conditions or rescind the conditional use permit".
It was moved by Councilman lVIullen and seconded by Councilman Coronado to close the
public hearing and adopt the Resolution by title only, title as follows, approving C.P.P. #86-
31 subject to the 45 conditions recommended by staff:
RESOLUTION NO. 3168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMI'" NO. 86-31 - WITH
CONDITIONS.
~
The motion unanimously carried by the rollowing roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMRERS: None
o COUNCILMEMBERS: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-32, OUTDOOR AVIARY
CONTAINING UP TO 30 BIRDS, 595] LEMON AVENUE: MRyor Kanel opened the public
hearing. The Planning Director summarized a report dated November 14 describing the
application to permit an outdoor aviary containing up to 30 birds at 5951 Lemon Avenue in
the RS-6,000 Residential Single-Family Zone. Mrs. Eynon reported that the proposed aviary
is for hobby use, and staff recom mended a condition requiring review of the conditional use
permit after one year.
Councilman Coronado expressed concern over the health aspects relating to the birds and
recommended that Condition #6 be modified to require that the City receive the periodic
reports issued by the Orange County Health Department Animal Control Division and the
California Food and Agriculture and Fish and Game Departments.
The City Attorney recommended that the last sentence of Condition #8 be modified to read
as follows: "As a result of this review, the Planning Director may recommend to the City
Council that another public hearing be heM regarding continuation, modification, or
termination of this permit".
-
Councilwoman Arnold asked if staff had measured the amount of noise which might be heard
by neighbors.
Associate Planner Chuck ThistJethwaite reported that he visited the site and there were
about 30 birds outdoors but the species and number of birds did not appear to create a noise
problem. He stated the birds were audible on adjacent property but not disturbing, and staff
is recommending that blinds be kept on the cages which will keep the birds quiet.
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City Council Minutes
November 24, 1986
Mr. Hobart Frye, the applicant, stated he keeps the parakeets as a hobby and they do not
make noise at night. He stated the blinds on the cage protect the birds from heat.
There were no other speakers in support. Mayor Kanel asked if anyone wished to speak in
opposition to the application.
Mr. Syl Williams, 5821 Roxbury Court, Cypress, stated he opposes the use. He stated
parakeets are noisy bircls and they will be disruptive in the afternoons. Mr. Williams stated
he was concerned about setting a precedent and that a residential area was an improper place
for an aviary. Mr. Williams reported that a friend had to move out of his house because of a
noisy aviary which was located off of Cerritos Avenue in Los Alamitos. Fe stated he did not
want to deprive the applicant of his hobby but he felt the rights of neighbors should be
considere{i. He felt the use would be difficult to control, and he suggested that the Council
investigate whether an aviary is appropriate for a residential area.
Councilman Mullen noted that Mr. Williams does not live near the applicant and does not
have a personal noise problem and indicated that a precedent is not involved with a
conditional use permit since each application is judged on its own merits. He stated the
conditions provide the City with the ability to revoke the permit if there are complaints.
Mr. Kevin Connolly, 5942 Karen, Cypress, stated he was concerned about diseases the birds
may have, it would be difficult to control the use, and he felt the use should be eliminated.
Mr. Sam Villavicencio, 5932 Karen, Cypress, asked which agencies would issue reports on the
birds, how often reports would be made, and whether the City would be ctmrged for the
inspections. He felt the use may be difficult to control and he expressed concern that the
use could set a precedent in the neighborhood. He stated his main concerns were the health
issues, potential noise, and how reports are made by the controlling agencies.
Councilman Coronado stated he felt the City may receive complaints about the use and that
he did not want the City involved in policing the use. He stated he would support the keeping
of 10 birds as allowed by the Zoning Ordinance.
It was moved by Councilman Mullen and seconded by Councilman Coronado to continue the
public hearing regarding C.U.P. #86-32 to the December 8 meeting and request that staff
investigate the concerns regarding health issues, noise, and inspections. The motion
unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCIL MEMBERS: None
o COUNCIL MEMBERS: None
CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR ASPHALTIC
CONCRETE: Mr. Essex presented a report from the Finance Director dated November 18
which compared costs for the concrete and indicated that, based on staff's survey and the
location of the pick-up plant, staff recommended renewal of the eon tract with All American
Asphalt. Councilman Mullen indicated that he was satisfied with the recom mendation.
It was moved by Councilman Mullen and seconded by Councilman Coronado to approve the
renewal of the contract for asphaltic concrete with All American Asphalt, P.O. Box 2229,
Corona, California, for the period December 9, 1986 through December 8, 1987, at the rate
noted in the report. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen ~ Kanel
o COUNCIL MEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) EXHAUST ANALYZER,
REQUEST FOR QUOTATION #8687-13: The Finance Director presented a report dated
November 19 indicating that bids were requestecl from 11 firms and two bids were received.
It was moved by Councilman Mullen and seconded by Councilman Davis to accept the bid
from Sun Electric Corporation, 418 Goetz Avenue, Santa Ana, California, as the lowest
responsible bidder and award them the contract for one (1) exhaust analyzer in the amount of
$6,525.89. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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25G
City Council Minutes
November 24, 1986
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.
Mayor Kanel removed Item #14 from the Consent Calendar, and made a correction to Item
#9. Councilman Coronado requested the removal of Items #16 and #17.
It was moved by Councilman Coronado and seconded by Councilman Mullen to approve
Consent Calendar Items #9 through #20, with the exception of Items #14, #16 and #17. The
motion unanimously carried by the following roll call vote:
~
A YES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMBERS: None
o COUNCIL MEMBERS: None
Item #9: Motion to Approve City Council Minutes of the Regular Meeting of November 10,
1986.
Recommendation: That the City Council appprove the Minutes of November 10, 1986, as
submitted, with Councilmembers Arnold and Davis abstaining.
Item #10: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only, and to Waive Further Reading.
Item #11: Consideration of an Application for Alcoholic Beverage License Transfer Filed by
Edward Albert Snow, President of Supreme Euphoria, Inc., DRA Eddie's Liquor Store, 5591
RaIl Road, Cypress.
Recommendation: Receive and file.
Item #12: Consideration of Monthly Investment Report ror the Month of September 1986.
Recommendation: Receive and file.
Item #13: Consideration of Claim Filed by Sandra Gibson.
f'!'I}~
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 #15: Consideration of Request for Partial Reimbursement of Weed Abatement
Assessment on A.P. #134-431-10 - Leo Baroldi, 6612 Cerritos Avenue, Cypress.
Recommendation: That the City Council authorize the Finance Director to reimburse
$321.98 to Mr. Leo Baroldi, 6612 Cerritos Avenue, Cypress, which is half the cost of his 1986
Weed Abatement Assessment.
Item #18: Consideration of Proclaiming December 1986, as "Lung Awareness Month".
Recommendation: That the Mayor and City Council officially proclaim the month of
December 1986, as "I,ung Awareness Month" in the City of Cypress.
Item #19: Consideration of Proclaiming the Week of December 7-14, 1986, as "Drunk and
Drugged Driver Awareness Week".
Recommendation: That the City Council officially proclaim December 7-14, 1986, as "Drunk
and Drugged Driver Awareness Week" in the City of Cypress as requested.
Item #20: Consideration of Application for Park Bond Grant Funding Under the Community
Parklands Act of 1986.
~
Recom mendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation & Park District, adopt the Resolution by title only, title
as follows:
RESOLUTION NO. 155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF
THE CITY OF CYPRESS, APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986
FOR THE CYPRESS MULTIPURPOSE SENIOR CENTER RENOVATION
AND EXPANSION.
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257
City Council Minutes
November 24, 1986
In regard to Item #14, Consideration of Recommendations of Traffic Commission Meeting of
October 21, 1986, Councilman Coronado stated he has received many complaints and the
issue of RV parking requires lenghthy discussion by the Council. Mayor Kanel noted that
there are many people concerned about the issue and he recommended that it be well
publicized so that persons are aware the Council has it under consideration.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the Council should not discriminate
against RVs and all vehicle parking should he prohibited if it creates a traffic hazard. He
reported that there have been numerous accidents at the Denni/Blanca corner and it is a
dangerous location due in part to a visibility problem and the high speed of traffic on Denni.
He stated some device is needed at the corner to slow down traffic such as a traffic signal or
stop sign.
It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously
carried to refer the item to the Traffic Commission and request that they investigate the
accident history and identify traffic problems at the Denni/Blanca intersection, and report
back to the Council; and continue the Resolution establishing "No Parking Vehicles Over 6
Feet High" at various locations to the December 8 meeting and request that staff publicize
the Council's consideration of this item.
It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt the
Resolution by title only, title as follows, establishing a "No Parking" zone on the north side of
Marilyn Street, 25 feet east of Valley View Street:
RESOLUTION NO. 3169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A "NO PARKING" AREA ON THE NORTH SIDE OF
MARILYN STREET, 25 FEET EAST OF VAl,LEY VIEW STREET.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
In regard to Item # 17 , Consideration of Contract Between the City of Cypress and William
Hamilton and Associates, the City Manager explained that this was the firm designated to
negotiate with the Police Association.
It was moved by Councilman Coronado, seconded hy Councilman Mullen and unanimously
carried to authorize staff to enter into an agreement with William Hamilton and Associates
to provide employer-employee relations services.
In regard to Item #16, Consideration of Employee Assistance Program Contract Renewal,
Councilman Coronado asked for an explanation of the program. Mr. Essex reported that the
City approved an agreement with employees in ] 984 to provide the program which offers
assistance with any type of problem that may affect work. The contract is renewed on a
year-to-year basis and this is the first increase since 1985. Mr. Barrett indicated that while
the employees' health insurance does provide psychiatric care, this program provides initial
counseling and referral services. He stated this program helps reduce the costs of the health
insurance program.
It was moved by Councilman Coronado and seconded by Councilman Mullen that the City
Council, and acting as t'le 1': . fficio Board of nirectors of the Cypress Recreation and Park
District, authorize staff to renew the contract with O.C.E.A.N. to continue to provide City
and District employees with an Employee Assistance Program. The motion unanimously
carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMBERS: None
o COUNCIL MEMBERS: None
C()~:rTnnTATION OF CONSIDERATION OF TAXABLE INVESTMENT REVENUE BOND~: 'VIr.
Essex presented a report dated Novemher 19 transmitting a revised Resolution which would
authorize the City to issue the taxable investment revenue bonds.
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City Council Minutes
November 24, 1986
Councilman Mullen stated he would abstain from the discussion on this item at the
recommendation of the City Attorney because of his employment with Sears and fact that
Dean, Witter, Reynolds would be the bond underwriter. He left his seat at the podium.
Mr. John Murphy, of the law firm of Stradling, Yocca, Carlson & Rauth, described the bond
financing program and indicated that the City could sell the bonds, the repayment of which
would he secured by a guaranteed investment contract written by a triple-A rated life
insurance company. The difference in rates between bonds backed by the guaranteed
investment contract and the rate at which a life insurance company would write the contract
would provide the City with a profit which could be used to finance public improvements.
Mr. Murphy stated the bonds are revenue obligations and the City would have no liability for
their repayment.
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Councilman Coronado stated he was concerned about a $300 million bond issue because
Cypress is a small city. He reported that he visited with City officials from the Cities or San
Diego and Chula Vista who provided him with information on their bond programs.
Councilman Coronado stated he did not feel the amount of money the City would gain is
worth the risk, he did not want the City speculating with its funds, and he did not support the
City venturing into the program. Mayor Kanel requested that the information from Ran
Diego and Chula Vista be provided to the rest of the Council.
Mr. Steve Melikian, Vice President of Dean, Witter, Reynolds, responded to questions from
the Council. Councilman Davis asked if the City would have any control over who issues the
guaranteed investment contract. Mr. Melikian stated they are talking only with triple-A
insurance companies and they would provide whatever information the Council requires
before finalizing the transaction. Councilman Davis asked if the City could obtain an
insurance policy against exposure. Mr. Melikian stated they coul~ investigate such a policy
but the question is whether the premium would be cost effective.
Councilwoman Arnold asked how an individual purchaser and the City's bond rating in the
future might be affected if something went wrong with the bond program. She reported that
she discussed the bond program with experts in public finance from Security Pacific Bank
who felt that the opportunities of the program will he available a month or a year from
now. She recommended that the Council learn more about the program and not make a Quick -
decision.
Mr. Melikian stated this kind of investment is generally not the kinci an indiviciual retail buyer
would purchase unless they were very wealthy. He stated they would recommend a net worth
test where the purchaser would have to have $5 million net worth to buy the bonds. Mr.
Melikian stated that if the insurance company were to default, there would not be an effect
on the City's rating because for each bond issue Standard & Poors looks at the particular
revenue source that is pledged in rating the bond issue. He stated the effect that might
occur is that if the public perceived that the bond issue were in default because of something
the City did that was wrong, then perhaps the City would have fewer buyers. He stated that
unless the City did something that would affect the payment of the bonds later on, the fact
that the insurance company went under would not cause any problems for future deht issues.
In regard to availability of this bond financing, Mr. Melikian stated the timeframe for this
type of financing is indefinite. He estimated there will be activity early in 1987 that may
continue for a month or two but he did not know how long it would last. Mr. Murphy
indicated that there are fewer triple-A rated insurance companies who are writing G.I.C.s
than there are municipalities interested in them and the prohlem is finding a company willing
to pay a rate that will produce the profit for the City. He indicated that Cypress would be
competing with other California entities and those elsewhere.
Mayor Kanel suggested continuing this item until January and having the r,ity engage an
independent financial advisor to make recommendations on the bond program. He asked how
much staff time and research had gone into the program thus far.
It was the consensus of the Council to request the City Manager to present a report for the
December 8 meeting concerning the hiring of a financial advisor and to continue this item to
the January 12 meeting for a decision on the bond program.
Councilman Davis asked that Mr. Murphy and Mr. Melikian respond to whether Dean Witter
could locate potential bond holders to accumulate the $300 mil1ion in bond sales. Dean
Witter would then be ready to proceed if the City Council approves the investment
program. Councilman Davis also asked that they explore the possibility of the City buying an
insurance policy for legal defense protection.
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Councilman Mullen resumed his seat at the podium.
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259
City Council Minutes
November 24, 1986
CONSIDERATION OF DESIGN REVIEW COMMITTEE #86-35, KNOTT AVENUE, SOUTH OF
ROSS CENTER, NORTH OF THE STANTON STORM CHANNEL (OFFICE/INDUSTRIAL
PARK _ WARLAND INVESTMENTS): The Planning Director summarized a report dated
November 10 describing the application to construct an office/industrial park which is
designated as a part of the Warland/Cypress Business Center located in the PC-4 Zone. Mrs.
Eynon reported that the applicant will be required to have a traffic study performed and
must comply with any mitigation measures required by it.
Mr. Howard Thompson, architect, reported that the applicant hired a traffic consultant who
has begun work on the project and the only item which may pose difficulties is the traffic
signal.
Mr. Carl Robertson, representing the Warland Company, reported that the property was
analyzed for potential retail development but the applicant found that type development was
not feasible because the market was not available and potential users were not interested in
the site because of its setback from the corner, the existing retail use in the area, and the
possibility of being located at the rear of the parcel. He stated their marketing studies
showed there was an immediate market for a distribution and light manufacturing type
tenant. Mr. Rohertson felt that as the Cypress Business Park matures, there will be a need in
5 or 10 years for small and medium service companies to service the larger users and that is
why the applicant upscaled this project with excess parking, landscapin~ and architectural
design. Mr. Robertson stated their traffic study will focus on the need for a traffic signal
but he felt a signal would not be warranted until the project matures with full office use.
It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously
carried to receive and file Design Review Committee #86-35.
RECESS: Mayor Kanel called a recess at 10:45 p.m. The Council reconvened at 10:50 p.m.
with all Members present.
CC;~-~~T"""ATION OF REQUEST TO ALLOW RESIDENTIAL DEVELOPMENT ON ALL
PROPERTIES WITHIN THE LC LINCOLN AVENUE COMBINING ZONE: The Planning
Director presented a report dated November 13 which trnnsmittec a letter requesting that
the Lincoln Avenue Combining Zone be amended to permit residential development on the
full portion of the property and eliminate the requirement of commercial development on the
front 200 feet.
It was moved by Councilman Mullen, seconded by Councilman Davis and unanimously carried
to receive and file the report.
CONSIDERATION OF CITY COUNCIL APPOINTMENTS: The City Manager presented a
report dated November 19 summarizing the current City Council appointments to various
organizations.
Mayor Kanel indicated that he would confer with each of the Councilmembers and he
requested that the item be continued to the December meeting.
There being no objections, Mayor Kanel continued this item to the December B meeting.
CONSIDERATION OF OCCRMA RISK SHARING POOL N'EMBERSHIP FOR GENERAL
LIABILITY: The Assistant City Manager presented a report dated October 30 recommending
that the City participate in the Orange County Cities Risk Management Authority Liability
Risk Sharing Pool for general and automobile liability. Mr. Barrett explained the program
and answered questions from the Council. J-le indicated that if the number of cities
approving the concept is insufficient to implement the program, staff would like the option
to accept a claims made policy as offered by the City's current insurance company. He
stated he anticipates all current OCCR1'."A members to join except for one small city.
It was moved by Councilman Coronado and seconded by Councilman Mullen to adopt the
Resolution by title only, title as follows, authorizin~ the City to participate in the Orange
County Cities Risk Management Authority Liability Risk Sharing Pool for general and
automobile liability subject to confirmation of the deposit premium and final pool
membership:
RESOLUTION NO. 3170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY CITIES
RISK MANAGEMENT AUTHORITY LIABILITY RISK SHARING POOL.
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260
City Council Minutes
N ovem ber 24, 1986
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kane]
o COUNCIL MEMBERS: None
o COUNCIL MEMBERS: None
CONSIDERATION OF AMENDMENT TO THE f:YPRESS MUNIf:IPAL CODE UPDATING THE
CITY'S SUBDIVISION CODE: The Planning Director presented a report dated November 17
recommending that the Council amend various portions of the Subdivision Ordinance (Chapter -
25 of the City Code) to make it conform with the General Plan. The proposed amendments
pertain to increasinff the amount of land to be dedicated as public parkland and school
cooperative use agreements, or the payment of fees, for future residential subdivisions.
It was moved by Councilman Mullen and seconded by Councilman Coronado to approve the
first reading of the Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
MAKING A\1ENDMENTS AND ADDITIONS TO THE CYPRESS CITY
CODE CONCERNING SUBDIVISIONS.
The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
#17736 - 17941: It was moved by Councilman Coronado and seconded by Councilman Vullen
to approve the Warrant List for Warrants #17736 through #17941 in the amount of
$467,267.36. The motion unanimously carried by the following roll call vote:
A YES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
o COUNCILME1\IIBERS: None
o COUNCIL MEMBERS: None
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In regard to Item #29 added to the agenda, Mayor Kanel requested that staff investigate the
complaint from Mrs. Eyre regarding nighttime vibrations at Hyatt Die Cast.
ORAL COMMUNICATIONS: Mr. Mike Osborne, 9532 Sonwell Place, Cypress, Chairman of
the Miss City of Cypress Pageant Committee, reported that there are 20 applicants for the
Miss City of Cypress Pageant and 15 for the Miss Teen Pageant.
EXECUTIVE SESSION: The Mayor called an Executive Session at 11:20 p.m. for litigation
matters. The meeting was called back to order at 11:29 p.m. with all Councilmembers
present.
Mr. Essex advised the Council that a work session with the City's traffic consultant is
scheduled for December 8 at 6:30 p.m. and he recommended that the meeting be adjourned to
that time.
ADJOURNMENT: Mayor Kanel adjourned the meeting at 11 :29 p.m. to Monday, December 8,
at 6:30 p.m. in the Administrative Conference Room.
RESS
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ATTEST:
Y OF CYPRESS
CIT
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