Minutes 87-01-26
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
January 26, 1987
The regular meeting of the Cypress City Council was callec to order at 6:48 p.m. on ]Vonday,
January 26, 1987, in the Cypress City Council Chamber, 5275 Orange Avenue, Cypress,
California, by Mayor John Kanel.
PRESENT: Councilmembers Arnold, Coronado, l\'hlllen &- Kanel
ABSENT: Councilman Davis
RErESS: \'ayor Kanel recessed the meeting at 6:48 p.rT'. until the Cultural Arts
Commissioners were present for the joint meeting' \':ith the Council. The meeting was called
back to order at 6:50 p.m. witD Councilman Davis absent.
.J0IN1' l'iEF.TING "'lITH THE CULTun AI. ARTS COMMISSION: CulturAl Arts Commissioners
Hornby, Hannah, Haojinian anc Edwards were present. Chairperson Hornby reported that the
Cultural Arts Commission is planning a week long community-wide celebration of the arts on
April 3 - 10, and the purpose of the program, entitled "Cypress Celebrates tre Arts", is to
focus the comrT'lmitv's awareness on the arts and call attention to the talented citizens of the
City. She reported that the Commission intends to sponsor the program annually, and they
are requesting that the City Council proclaim the week of April 3-10, 1987, as "Cultural Arts
Week". Chairperson Hornby reported that the celebration will end on April 10 with an awards
ceremony; the Juried Art Exhibit awards will be presented as well as the Outstanding
Contribution to the Arts Award which is meant to recognize an individual who has mac.e an
outstanding contribution and has promoted the arts in Cypress. Chairperson Hornby
suggestec1 that the names of this year's winner, and future winners, coulc1 be placed on a
plaque at tne Civic Center. She indicated that the COIT'mission hopes to have en independent
three-person jury of Com missioners from surrounding cit ies to select the winner.
The Recreation Director indicated that there are sufficient funds budgeted for this
program. Mayor Kanel suggested that the City Council and Cultural Arts Commission could
co-host a breakfast or lunch to kick-off the program. The Council suggested that the
Commissioners meet with staff anc1 submit a progress report to the Council. The Council
also suggested that the Commission prepare an article publicizing the celebration for the
March City newsletter.
Chairperson Hornby inquired about the vacancy on the Commission. The IVayor informed her
that the Council will sche<1ule interviews of Commission applicants for February 21. Tt'1e
Council requested that staff prepare a news article advertising for applicants to the Cultural
Arts Commission. Chairperson Hornby reported that a Commission representative has been
attending meetings on the Orange County Centennial celebration which begins in 1988 and
continues for one year, and the Orange County Centennial Commission is asking each city to
participate with some type of cultural event or activity related to the Centennial. l\1ayor
Kanel sugl','ested that staff be a(lvised if funds need to be budgeted for this prografT1.
Commissioner Hadjinian reported that the ComfT1ission would like to donate a subscription to
an arts magazine to the Cypress Ubrary. The Commissioners felt the donation would make
people aware of the Commission. The !'/ayor requested that staff investigate the magazine
donation. Mayor Kanel suggested ti'at the Commission investigate cultural arts programs
provided by other cities, and consider sponsoring a music program under the cirection of
Commissioner Nelson. Councilman Coronado suggested that the Commission invite the El
Toro Marine Corps Band to perform in Cypress.
RECESS: Mayor Kanel recessed the meeting at 7:23 p.m. The meeting was callec back to
order at 7:30 p.m. ~'ith Councilman Davis absent.
Also present were City Manager/City Clerk Darrell Essex, City Attorney 1\1ark Huebsch, and
staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
PLEDGE 0F ALLEGIANCE: Councilman Mullen led the pledge of allegiance.
PRESENTATION OF RESOLUTION OF COMMENDATION TO EAGLE SCOUT PETER H.
PANG: Mayor Kanel announced that the Resolution was presented to Eagle Scout Peter Pang
on a previous date.
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City Council Minutes January 26, 1987
ORAL COMMUNICATIONS: 1I,1ayor Kanel asked if anyone wished to speak in regard to any
matter not on the agenda. He indicated that the Council would consider establishing policy
guidelines relative to Oral Communications at the next Council meeting, and for tonight's
meeting the Council would limit the discussion of each Oral Corrmunication speaker to five
minutes which may be extenc1ed by the Council. Mayor J{anel stated that Councilman Davis
is on a business trip and the folJowing items will be continued to the February 9 meeting so
that they may be considered by the entire Council:
Item #24 - Continuation of Consideration of CATV Ac1visory Committee Report on
rablecasting City Council l\f eetings;
Item #25 - Continuation of Consideration of CATV Advisory rom mittee's Proposal to
Fund Public Access Programs;
Item #35 - Consideration of Construction of the Super Street Flyover at Valley View
and Katella.
J\I!ayor Kanel asked if any Councilmembers ,"ished to have items placed on the next meeting
agenda.
Councilman Coronado complimented the Cultural Arts Commission and Recreation and Park
Director for organizing the splendid Miss City of C'ypress and 1\7iss Teen Pageants last week.
Mayor Kanel reported that Cypress resident .Terry V'ilcox, who is the Puhlic Peletions
Director for the Los Alarritos Pace Track and former Puhlic Relations Director for the
Rams, will be honored on February 16 at the Orange County Sports Hall of Fame Banquet.
He requested that staff prepare a resolution of commenc1ation for the February 9 meeting
commendinr: Mr. Wilcox's sports and civic contributions.
Councilman Coronado reported that he was contacted by the Church group leasing the N'orris
School property about the possibility of the C'ity helping them locate an alternate site if they
are forced to vacate the lVorris property. lV'r. Essex reported that tne School District has not
made a decision ahout the property yet, and staff has heen assisting the Church !!roup to finel
available property.
l'h. Mike Gritchen, 11619 JVIalden, Cypress, stated he would like to update the Council on the
cable TV service. He stated the cable company is under contract to provide a certain level
of service, and he diel not believe they are meeting their contract. Mr. Gritchen reported
that, except for a short period of time immediately following a service call, his TV picture
has been deteriorating to the original poor quality. Mr. Gritchen reported that he vms
informed by the Service Manager that the cable company is receiving bad pictures from the
sender, the City forced the company into a location which is in a high microwave path, and
the company's equipment is working at maximum capability and cannot improve. !\"r.
Gritchen expressed objections that the cable company has insufficient personnel to make
daily equipment checks for sound and picture quality, there is no technician on duty curing
prime viewing hours, ane the company has no intention of adding personnel. J\^r. Gritchen
recommended that the City send out a questionnaire to residents to evaluate the level of
service. Pe reported that there are other converters on the market which offer more
features and may solve some of the problems. !\1r. Gritchen presented a tape recording
demonstrating the noise which is made when he chang-es c,",annels.
Councilman Mullen recommended that staff meet with j\.1r. Gritchen and that they contact
Copley Colony regardinf." the problell's and possible solutions. J\~ayor Kanel requested that
Mr. Gritchen's comments be transmitted to Mr. Clifford of Coplev Colony.
Mr. Gritchen stated that he v<!ould like to pHrticipate, as a consumer, in the meetings
between staff and the cable company.
PVBLIC FEARING TIE: AMEND1\o1mJT TO CONDITI0NAL USE PERMIT #85-15,
MANUFACTURING OF FROZEN DESSERTS AND DAITIY PP.ODUCTS, 6297 BALL ROAD:
Mayor Kanel opened the public hearing. The Planning Director sumll'arizen a report dated
January 19 describing the appJication to manufacture frozen desserts as an accessory use to
an existing drive-thru dairy located at 6297 Ball Road. Mrs. Eynon reported tnat no
communications regarding the application were received and staff recommended approval
subject to 17 conditions. She reported tnat the proposed liouid nitrogen storage tank would
be located 120 feet from the nearest residential unit.
l\'ir. Jean-Pierre Klifa, President of Sensational Foods, Inc., the applicant, reported that this
is a processing operation and sales will be wholesale. He reported that this site was chosen
because they must comply with Dairy Board requirements, they did not wish to build 8 new
factory, and they were unable to locate a small sized building in a light industrial zone. Mr.
Rlifa stated he is familiar with the use of liquid nitrogen which is a common freezing process
in the fopd Jndustr:y, he !1nderstands t.he con~erps apout its proximity to residents, there have
?een no ~ncIdents mvolvmg an explOSIon of lIqUId mtrogen, and he feels it is an inert Bnd
InoffenSIve gas.
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City Council Minutes January 26, 1987
The l\.jayor asked if anyone wished to speak in support or in opposition to the application.
There were no speakers. The Mayor asked if the applicant wisheel to make further comments.
Mr. Klifa report eel that they are changing the layout of the buileling's interior, they
constructed a concrete wall around the perimeter of the property, and they cleared a\"lay old
machinery and debris. Councilman Mullen asked if there were alternatives if the Council
denied the request for the liquid nitrogen tank. 11,''11'. Klifa stated they coulc llse a mechanical
blast freezing system. o/ilW"~
Mayor Kanel stated that he had reservations about the large liquid nitrogen tank because of
its proximity to the school and the possibility of a disaster. Councilwoman Arnold asked
about the noise level of the operation and possible odors. She asked if staff was satisfied
with the plans to upgrade the property and whether the applicant would utilize the same
amount of space as the previous occupant. JVlr. Klifa stated that their machines are quieter
t}1an those previously used on the property, and they wilJ manufacture sorbet, which is a
wate!"' based fruit dessert which creates little odor. He indicated that their manufacturing
operation will he smaller than the previous one. The Planning Director in(licated that the
property improvements, including the slurry seal, restriping and new block wall, are recent
and the City is fortunate to get the improvements consi(lering the age of the building and
fact that modifications to a use are not often requested. Councilwoman Arnold reported that
there is a lot of rust visible from the parking lot and asked if it would he removed. Mrs.
Eynon stated that it will be checked by the BuilCling and Fire T'epartments. Mr. Klifa
reported that an ice huilc1er had to be flushed anCl they cleaned the rust off of it today.
Councilman Coronado asked if the applicant could limit manufacturing to ~lfonClay through
Friday. I\"r. Klifa stated that they intend to manufacture four days a week, and thE'
limitation would be acceptahle.
Councilman Mullen indicated that he did not support placement of the liquid nitrogen tank
adjacent to the residential zone because of the danger of toxic r,asses or possibilit~.7 of an
explosion, and Mayor Kanel stated he was concerned about its proximity to t}1e school.
The City Attorney recommended that Condition #10 he amended by replacing the words ~~
"liquid nitrogen" with "any cooling medium", and adding the following language to the end of
Condition 110: "and shall comply with an requirements of the Orange County Fire Prevention
Bureau" .
Councilman Mullen recommended that original Condition #9 he replaced with a new condition
requirinr. that any cooling system must be approved hy the C'ity Council. The City Attorney
suggested that Condition #9 state: "The City Council shall approve as to safety any cooling
system prior to installation." Mayor Kanel recommended that the language requiring that the
applicant "shall comply with all requirements of the Orange County Fire Prevention Bureau"
be added to Condition #9, rather than Condition #J O.
Mayor Kanel advised the applicant that the Council was eliminating the liquid nitrogen
storage tank.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close the
puhlic hearing and adopt the Resolution by title only, title as follows, approving the
amendment to C.U.P. #85-15 subject to the conditions recommended by stAff and the
amendments to Conditions #9, 10 and 17 recommended hy the Council:
RESOLUTION NO. 3184
A RESOLUTION OF THE CITY COUNCIL OF TJlE CITY OF CYPPESS
APPROVING AN AMENDlV'ENT TO CONDITIONAL USE PERMIT NO. 85-
15 - '^,'ITF CONDITIONS.
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The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Coronado, Mullen & Kanel
NOES: o COUNCILMEIVBERS: None
ABSENT: 1 COUNCIL MEMBERS: Davis
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-~8, WHOLESALE FLORIST
ESTABLISHMENT, 10532 WALKER STREET, SUITE E: I\"ayor Kane] opened the hearing and
the Planning Director presented a report dated January 19 describing the application to allow
a wholesale florist establishment in the Roll Center at the southeast corner of Walker Street
and Cerritos Avenue. Staff recommended approval of the permit subject to seven conditions.
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City Council Minutes January 26, 1987
Mr. William Lee, 10532 Walker, Suite E, Cypress, the applicant, was present.
The l\"ayor 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 hy Councilwoman Arnold to close the
hearing and adopt the Pesolution by title only, title as follows, approving C.lT.P. #86-38
subject to the 7 conditions:
RESOLUTION NO. 3185
A RESOLUTION OF THE CITY COUNCIL OF THE rITY nF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86-38 - WITH
CONDITIONS.
The motion unanimously carried by the rollowing roll call vote:
A YES: 4 COUNCILME\VTBERS: Arnold, Coronado, Mullen & Kanel
'tiOES: o COUNCILMEJVlBEPS: None
ABSENT: 1 COlJNCILMF.MBERS: Davis
PUBLIC HEARING RE: GENERAL PLAN AIV'ENDMENT #86-3 AND ZONE CHA'N'GE #86-3 -
6242 LINCOLN AVENUE: Mayor Kanel opened the public hearing. The Planning Director
summarized a report dated January 20 indicating that the application is a request to change
the General Plan Land Use Element designation for property located at 6242 Lincoln Avenue
from Commercial Heavy to Higl1 Density Resiclential; to change the zone from Commercial
Heavy to RI\~-20 Resie'iential Multi-Family; and to remove the subject property from the LC
Lincoln Avenue Combining Zone. The report indicated that staff is reluctant to recommend
the rezoning of any com mercial property due to the greater potential for increased tax
revenues resulting from commercial land uses, an~ that there are no residentially zoned
properties in Cypress fronting on Lincoln Avenue. Staff recommended that the Council
either deny the application, or approve the application and direct staff to reexamine issues
concerning development along- Lincoln Avenue.
Mr. Magdy Hanna, 4000 1\"acArthur Boulevard, Newport Beach, representing the Newport
Pacific Group, stated the property is a problem lot, 173 feet wide by 670 feet deep; the front
200 feet is zoned Commercial Heavy and the remainder is zonec residential. Pe reported
tl1at their architect designed a development plan for commercial in front and residential in
the rear but the plan was not feasible bec8use 40-50 feet of frontage would be required for
access to the rear residential, leaving only 123 feet of commercial frontage. Mr. Hanna
reported that they contacted prospective restaurants and none were interestecl in the
property because a greater property width is required. Mr. Hanna indicated that commercial
stores would not be feasible on 123 feet of frontage. Mr. Hanna reported that the property
has been on the market for one year and there l1ave been no purchasers because it cannot be
used. J-le statec they have designed a nice apartment project for 58 families which will
support the commercial uses on Lincoln Avenue. Mr. Hanna asked if the Council had
suggestions on how to develop the property. Councilman Mullen asked if the applicant
considerecl acquiring the property to the west to permit a large scale development with
commercial frontage. ~/Ir. Hanna reported that they were unable to acquire parcels to the
west which contain older residences.
Mayor Kanel asked about the intent of staff's proposed study. 'rhe PlAnning Director stated
that if the Council wishes to consider mixing resiclential and commercial uses, staff would
like to study the overall impact and net just a specific situation. Councilman Coronado
stated that he did not support starting l1igh density residential development on Lincoln and
that the City has great hopes for future commercial development on Lincoln. He indicated
that he would like staff to proceed with their study of Lincoln A venue properties.
Ms. Loretta Baldwin, representing Elite Real Estate, J 208 S. Brookhurst, Anaheim, reported
that the property owners are elderly and ill ane'i they are counting on income from their
property. She stated that there is no potential for commercial use because of the access
requirement and the property is too small for any large development. l\~s. Baldwin stated the
demand is for apartments. Sne stated she would support staff's study.
The J\lTayor asked if anyone wished to speak in opposition. No one wished to speak.
Mr. Hanna stated that the property will never be developed for commercial use unless several
properties are combined. He asked when staff's study would be completed. Mrs. Eynon
indicated that this would depend on what issues and properties are to be studied. lV'r. Essex
suggested that the study could include the potential for a redevelopment project area for the
Lincoln properties. Mr. J-lanna indicated that he would support the study but asked ,<,hat the
timeframe would be.
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City Council Minutes ~Tanuary 26, 1987
Following discussion concerning the length of the study, it was moved by Councilman Mullen
and seconded by Councilman Coronado to continue the public hearing to the May 26 meeting
and direct staff to uncertake a study of the advantages and disac'!vantages of establishing a
redevelopment project area for the Commercial Heavy zoned portions of Lincoln Avenue
including the problems of deep and narrow lots. The motion unanimously carried by the
following roll call vote:
A YES: 4 CCUNCILl'v~EMBERS: Arnold, Coronado, !V'ullen & Kanel
NOES: o COUNC'ILlVlEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Davis
RECESS: 1\~ayor Kanel called a recess at ~:08 p.m. The Council reconvened at 9:17 p.m.
with Councilman Devis absent.
CONSIDERATION 0F STATUS OF THE LOS ALAlV!ITOS GOI,F COURSE: Mr. Essex
presented a report cated January 21 and indicated that I-lollywood Park has six employees
who are maintaining the appearance of the golf course an{l Hollywood Park is also providing a
24-hour security service to periodically patrol the property which includes personnel sleeping
in the house and country club. Chief Lo~'enberR' reported that the Police Department has
been in contact with the person in charge of the golf course security. He reported that there
are a minimum of two people coverinp: the country club, parking and barn areas seven days a
week, and during racing there is more security personnel.
l'tr. Jack Swank, 9849 Via Sonoma, Cypress, stated that there is no one patrolling the golf
course anel he has not seen anyone after !l:OO p.m. at the clubhouse. He stated his concern is
that Hollywood Park woul{l destroy the p:olf course.
Mayor Kanel requested that the Police Department continue <.>hecking the property.
Councilman Coronado stated that he would like to discuss other aspects relating to the
property in Executive Session.
Hearing no objections, the Mayor received and filed this item.
CONSIDERATION OF AWARD OF CONTRACT FOP. PPOFESSlf'NAL SEPVICES FOR THE f!i""'.~~
TEXACO TANK FAR!\T SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT (EIP):
Mr. Essex indicated that the evaluation of the planning firms was a Team effort and all four
firms interviewed were outstanding. The Planning Director present eel a report dated January
16 outlining the firms which were interviewed and the basis for staff's recommendation on
the award of contract. Staff indicated that the cost of preparing the specific plan and EIR,
which will be paid by the developer, is about $97,000.
l\'1rs. Mary IV1azzeo, 5300 Orange Avenue, Cypress, representinrr Ecos l\i'anagement, reported
that their firm \Vas last to make its presentation and she expressed concern that the City
Manager was not present for their entire presentation. She asked that this issue be addresseel
before the Council makes a final decision. She asked how the recommendation on a
consultant was made.
Mr. Essex indicate{l that he met the principals of the firm but he was unable to hear the
entire presentation because the interviews ran behind schedule and he had to attend a
meeting of the Orange County Cit~7 !\~anagersl Association. lle stated that he di{l not
participate in the rating process, but the six Team members heard all the presentations and
were capable of making a recommendation.
The Planning Director reported that the Administrative Coordinating Team reached a
consensus at the end of the interviews on selection of the planning firm. She stated that the
Team did not rank the firms.
~rs. Mazzeo stated that it would be helpful if the firms were ranked and to know why their *'"<I!f!'
firm was not selected.
Ms. Barbara Eljenholm, Director of Environmental Services for RBF (Robert Rein, William
Frost & Associates), reported that her firm prepared the EIR for a 44-acre site in Inglewood
which contained 24 oil tanks and wells and which was developed for multiple-family
residential use. She reported that their sub-consultant, Hydrotech, will test the ground water
table and take core samples at the Texaco Tank Farm. She reported that REF did a prior
feasibility study for the Lusk Company who was interested in purchasing the property.
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City Council Minutes January 26, 1987
It was moved by Councilman l\Iullen and seconded by Councilman Coronado to award a
contract to RBF for the Texaco Tank Farm Specific Plan and Environmental Impact Peport,
and authorize the lV'ayor and City Clerk to execute a formal agreement on hehalf of the City
with RBF. The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBEPS: Arnold, Coronado, l\,'ullen &. Kanel
NOES: o COUNCILJ\.mMBERS: None
ARSFNT: 1 COUNCJL~i'El\ITBERS: Davis
Councilman Coronado reportec that his company conducts a bidders conference after fl.n
award of contract to inform unsuccessful bicders v:hy they It'ere not awarded the contract,
anc he suggested that staff consiner following this example. MAyor Kanel stateel for the
recorcJ that he had never heard of an~7 of the four firms interviewed.
CONSIDEPATION OF PEPAIP~ TO MYRA AVENUE STan]\!' flr.AIN - PUl\:iP ~1'ATI()l'! #:1:
The Public ,^:orks Director presented a report rlaten .'!'amlllry 19 elescrihing repairs ,A'hich are
needed to the flood control pump.
It was moveci by Councilman 1\nullen and seconded hy Councilman ('oronFlco to: (1) ellocate
$8,500.00 from the unappropriated reserves of the General Fund to Account #4161-11-218.08
and (2) dispense with formal bidding' procedures anci authori7.e Pump Station #1 repairs "'~7
Vaughan's Industrial Repair Company, 16224 Garfield Avenue, Paramount, California, in an
amount not to exceed $7,950 plus tax. The motion unanimously carried by the following roll
call vote:
A YES: 4 (,OUNCILMEMBER~: Arnolc, Coronaelo, "~ullen &. Kanel
N 0 E~: o COPl'TCU1VIE1VBEP'$: None
ABSENT: 1 raUNCILMEMBERS: Davis
CONSIDEP.A TION OF A WAR D OF CONTR A C"Y' FOP PENT AI, OF P ASSE~(nm VEPICLES
A~ RE~UmED BY THE CYPRFSS POLICE DFPA'R1'l\ifEflTT: The Finance nirector presentee
a report dated January 1 ~ recommendinrr renewAl of the contract with Nissan of Cypress for
the rental of two passenger vehicles v!hich are used for undercoverlsurveiJJance operations.
It was moved by CounC'ilmar. Mu]}en ann seconded hy CouncilwofTlan Arnold to authorize
renewal of the contract with Nissa" of Cypress, 5800 Lincoln Avenue, C'ypress, C'alifornia,
for tre rental of two (2) passenger vehicles at $300.00 per month, per vehicle, for use by the
Cypress Police Department, including the stanr.flrd holel harmless statement for the period
Fehruary 1, ]987 throuP.'h .JBnW'lry 31,1988. The motion unanimously cflrried hy tne followinfY,
roll call vote:
A YES: 4 rOUNCIU,1EMRF.R~: Arnol~, Coronado, ~'lullen & Kanel
NOES: o COUNCILMEl\mERS: None
ABSENT: 1 rOUNCII,]VTEMBFPS: Davis
CONSIDERATION OF A WAR D OF COr-T1'B ACT FOR POLICE VEHICLE RFPLACEl\my.,TT:
The Finance Director presented a report dated January 21 Vt'hich indiC'Hted that the current
capital outlay budget provides for the replacement of three unmarked Police vehicles, and
two have alreacy been replaced. Staff recommended the purchase of a 1986 Buick Ia Sabre
from Avis Used Car Leasing, dba ~~)e Tr~1 I1arder, Inc.
It was moven by Councilman lV:ullen and seconded by Councilwoman Arnolci that the Council
determine that it is in the best interest of the City to dispense witn formal competitive
hidding pursuant to City Coele Section 21 A-Sf And 8uthorize the purchase of one used vehicle
as identified in the report from We Try Harder, Inc., 16401 Beach Boulevard, Huntington
Beach, California, in the amount of $12,957.00. The motion unanimously carried by the
following roll call vote:
A YES: 4 COUNCILMEIVIBERS: Arnolr., Coronado, Mullen & Kanel
NOES: o COUNCIL1VTEMBEPS: None
ABSENT: 1 COUNCILMEMBEPS: ~avis
CONSENT rALENDA P: 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 agen~a.
Councilman Coronac'!o requested a clarification of Item #15 concerning the bond for public
improvements. Staff reported tl1at the City Code contains standard language reqUiring that
the bond amount must he within 50% to 100% of the total improvements. Councilman
Coronado requested a correction to the minutes of January 12 to indicate that he was
requesteci by the Mayor not to hring up tpe matter regarding Acquisition of the Los Alamitos
Golf Course.
~
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City Council Minutes January 26, 1987
It was moved by Councilman Mullen and seconded by Councilman Coronado to approve
Consent Calendar Items #8 - #23, with the correction to the January 12 minutes. The motion
unanimously carried by the following roll call vote:
A YES: 4 COlJt'TCIIJ\~EMBEllS: Arnold, Coronado; Mullen & I{anel
N0ES: o COUNCILMEMBERS: None
A RSENT: 1 rOUNrILMF.IVTBEP-S: Davis
Item #8: Motion to Approve City C'ounciJ ~Hnutes of the Regular Meeting of .Tanunry 12,
1987. !"",'m~
Recommendation: 'T'hat the City Council approve the Minutes of .Tanuary 12, 1987, as
corrected.
Item #9: Motion to Introduce and/or Adopt AU Ordinances Presented for Consideration by
Title Only fmd to Waive Further Reading.
Item #10: Consideration of a Pesolution Adopting fl Fee ~cnedule for Certain Animal Shelter
and .Animal Control Services.
RecofT'mendation: 'T'''at the C'ity COl!ncil adopt the 'PesoJution b~7 title only, title as follows,
adopting a fee scher-ule for certain Animal Snelter ancl Animal Control Services, effective
.January 1, 1987:
RESOLUTION N0. 318f;
A PES0LUTlnN OF TJ-rE CITY COU't'!CIL OF THE CITY OF CYPPESS
A f)('IPTINO A FEE SCPFDULF F0-q rFP'T' AI'f\~ A NIl'v'!A T, SPFLTEP. A l\T~
ANP'AL C0W'!'B0r. ~EFVICES, EFFECTIVF. ,TANUARY 1, 1987.
Item #11: Consideration of Communication from the Orange County 'T'reumA Society,
'Requesting the Adoption of a Resolution Orf','ing the California Legislature to Enact A Law
Pequiring All Cnlifornia '''otorcyclists to Wear Approved ~Afety Pelrrets.
Recommenclntion: That the City Council aropt the Resolution by title only, title as fol]m"s, """i"J'."t'1
urging the California Legislature to enact legislation that requires California motorcyclists
to wear approved safety he~mets:
RESOLUTIO't-T NO.3' 87
A 'RESOLUTION OF THE CITY COUl'TCIL OF THE CITY OF CYPRESS
URGING TPE CALIFOR~;IA LEGISLATURf. Tn EI\Ar:T LEGISLA'rION
THAT WOULD HE0UIHE CALIFORNIA MnTOPCYCLIS'T'S T0 V'E.AP
APPRnVED SAFETY fTELrmTS.
Item #12: Consideration of Resolution Supporting the rreation of an Oceanic Park/National
Preserve Along the Orange COlmty Coastline.
Recommendation: That the City Council adopt the Resolution hy title only, title as follov's,
supportinr, the creation of a national oceanic park along the Orange County coastline:
RESOLUTION NO. 3188
A RESOLUTION OF THE CITY COUNCIL OF TPE CITY 0F CYPRE~S
. SlTPPOR'T'ING THE CP.EATION ()F AN OCEANIC PARK/NATTONAL
PRESERVE (TPE A REA PERPENDlCULA -q 'rO TPE NOR'J'HP.P.N~.'10ST
, AND SOUTPERNM0ST POINTS OF SAN'T'A C'ATALINA ISLAND TO THE
COAST OF ORANGE COUN'T'Y).
Item #13: Consideration of Claim Filed hy Charles A. Pernice, Attorney, On Behalf of Greg -
Overholt.
Recommendation: That the City Council officially reject the subject claim and refer it to
the City's Claims Administrator, Carl Warren & Compa.ny, for appropriate disposition.
Item #] 4: Consideration of Renewal of !Vi aiT'tenance Contract for the Cleaning of Cypress
Village Patio Homes' Public Parking Areas (Tract 8126).
Recommendation: That the City Council renew the maintenance contract with Larry
Sweeden Landscape Service, 1557 E. Puente, Covina, California, for weekly cleaning of the
public parking areas in Tract 8J 26 for a period of twelve (l2) months at a monthly fee of
$220.00.
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Item #15: Consideration of Acceptance of Final Parcel Map #86-323 (Southwest Corner of
Cerritos and Valley View).
Recommendation: That the City Council approve Final Parcel Map #86-323 and accept the
bond for public improvements in the amount of $1,265,000.00, which is not less than 50% nor
more than 100% of the total improvements, and authorize the City Clerk to sign the record
map.
Item #16: Consi~eration of Acceptance of Professional Inspection ~ervices for the lVedian
Landscaping- of Katel1a Avenue, Valley View Street, and Lincoln Avenue - City of Cypress
Project #8639-90.
Recommendation: That the City Council: (1) authorize an appropriation from the fund
balance of the Gas Tax (2106) Fund and appropriate $4,230 to Account #4018-22-4flO.27; (2)
approve the inspection services change to Taylor :\lfoore, from $7,500 to $11,730; and (:n
accept the retention of professional inspection services of Taylor l\~oore as complete.
Item #17: f"onsideration of Resolution Commendinp: Eagle Scout Edwarcl H. Thompson.
Recommendation: That the City ('ouncil adopt the 'Resolution by title only, title as follows,
commending Eagle Scout Edward H. Thompson:
'RESOLUTION NO. 3189
A RESOLUTION OF THE CITY COUNrIL OF TIrE CITY OF CYPHESS
COM~"ENDING BOY S('()U'!" EDWARD H.'T'P()~!fPSON ON ACPJEVING
THE RANK OF EAGLE SCOUT.
Item #18: Consirleration of Preliminary F'eport for the Cypress Lighting District No.2 -
] 987.
Recommendation: That the City Council adopt the 'Resolutions '"'y title only, titles AS
fo]Jows: (1) Approving the City Engineer's Preliminary Report for Cypress Lighting Distriet
No.2; (2) Intention to Install Improvements and Maintain Cypress LiR"hting District No.2 for
Calendar Year 1987; and (3) Appointing a Time and Place for ttle Public Tlearing on Cypress
Lighting District No.2:
RESOLUTION ~TO. 3190
A RESOLUTION OF THE CITY CnUNCIL OF THF ('frY OF CYPRE~S,
COUNrry OF ORANGE, STATE OF rALIFORNIA, APPP0VING THE
PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURRUANT TO
THE REQUIREMF.NTS OF RESOLUTION NO. 3182 OF SAIn COUNCIL.
'RESOLP'T'ION NO. 3191
A RESOLUTION OF THE CITY COUNCIL OF TPETITY OF CYPRES~,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DFCI,ARING ITS
INTENTION TO ORDER A STREET LIGHTING SY~TE1\tT ON CEPTAIN
STnEETS IN THE CITY OF CYPRE~S, TO BE INSTAI,LED ANn
\1AINTAINED AND ELECTRIC CURRFNT TO BE FURNISHED FOP
LIGHTING SAID SYSTEM FOR A PERIOD OF ONE (l) YEAR FEGINNINn
JANUARY 1, 1987 AND ENDING JANUARY 1, l!'lgB.
f!,
RESOLUTION NO. 3192
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A RESOLUTION OF THE CITY COUNCIL OF TPE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIII/E
AND PLACE Fon HEAPING PROTESTS IN RELATION TO THE
PROPOSED Il\I!PROVEMP.NT REFERRED TO I~T RE~OLUTION OF
INTENTION NO. 3191 AND DIRECTING THE CI""Y CLERK OF SAID CITY
OF CYPRESS, f;ALJFORNIA, TO GIVE NOTICE OF SAID HEAPING.
Item #19: Consideration of Payment of Annual Dues to the Southern California Water
Committee, Inc.
Recommendation: That the City Council llutl10rize payment of the annual (1ues to the
Southern California JVater Committee, Inc., in the amount of $750.00.
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City ggn~] IVrjnutes .January 26, 1987
Item #20: Consideration of City C'ounciJ's Participation in the Cypress Col1eg-e Americana
Awards Banquet.
Pecommendation: That the City Council authorize purchase of one (J) ticket for tl1e 1\.Tavor
and each member of the City Council who is able to attend the C'ypress College Americana
A wards Panquet on February 21, J 987, at the Disneylanc Botel.
Item #?J: Consideration of Proclaiming Fepruary 17, 1987, as "Minority Business
Opportunity Day". ~
Recom mencation: That the r,;Tayor anc (;ity Council officially proclaim February 17, 1987, as
"N'inority Business Opportunity Day" in the City of C"ypress.
"R ecreation & Park District 1\;1 stters:
Item #22: Consideration of Authorization for the Assistant to the Director of Recreation &
Park anel Recreation & Community Services C'om missioners C"astro and Hanak to Attend tl1e
1987 California and Pacific Southwest Recreation and Park C'onference.
Recommendation: That tile City rOllncil, acting' as the ex officio governing Board of
Directors of the rypress Recreation & Park District, authorize the attendance of Henry
Castro and George Hanak, Recreation & Community Services Commissioners, and Ronald
Thomas, Assistant to the Director of Pecreation ~; Park, to the 1987 CEllifornia pnd Pacific
Southwest Recreation and Park Conff'rence to be held on fTarch 12-15, Jf'87, in San
Francisco, and that they be reimbursec for all Actual and necessary expenses inC'urred.
Jtem #23: Consideration of Claim Filed by Harriet C'. Petrie.
R.ecom mendation: 1;:l;at the City Council, acting as the ex officio governinl',' Board of
Directors of the Cyp'ress 'Recreation & Park District, receive and file this clai",.
It was moved by Councilman 1\1ullen, seconded by Councilman Coronado and unanimously
carried to continue the following items to the February!) meeting:
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Item #24 - C"ontinustion of Consideration of rA'rV Advisory Committee P.eport on
Cahlecasting City Council :'~ eetinvs.
Item #25 - Continuation of ronsic1eration of CATV Advisory ('om mittee's Proposal to
Fund Public Access Programs.
CONTINUATION OF CONSIDEP.A'T'ION OF SCHEf'ULING A N n\;'rEPVIE~': SESSION FOR
'T'RAFFIC COMl\USSION AND REC'RF.A'rION &- (,()~~J\nrNITY SFPVIC~S COMMISSION
APPLICANTS: )\r.r. Essex presented a report dated January 20.
The Council decidec1 to schedule the interviews for Saturday, February 2J, ber:rinning at 10:30
a.m.
CONTINUATION OF CONSIDERATION OF THE 'T'AXABLE INVFSTMENT REVENUE
BONDS: 1\1r. F.ssex presented a rE'port eaten January 21.
~,1ayor Kanel stated that he ancl Councilman Davis will present a report to the Council ancl,
hearing no objections, he continued this item to the February 9 meeting.
C0NTINUATI0N OF CO!\SIDEBATION OF ~OIL REClJAl\~A1'ION AT TPE CI'T'Y YAPf)
FUEL DISPENSING FACILITY, C'I1'Y OF CYPPFRS PRO.JEC'T' #8426-90: The Puhlic Works
Director presented a report daten January 19 indicating that costs to date on the project are
$143,459.36, which inclucles the $17,200 payment approvec'! by the Council at the January 12
meeting. Mr. Beardsley reportE'd that he received reports fro", the City's consultant on five
case study sites where soil reclamation had positive results, and the consultant feels that the -
soil conditions at the Cypress facility are ioeal for this operation. IV!r. Benrcsley stated that
the alternative of hauling away the dirt would be more costly. He inc1icated that the soil
reclamation should show evic1ence of improvement within the first 30 days. He recommended
that the City proceed with the soil reclamation project. ~~r. Beardsley indicated that if the
soil reclamation is unsuccessful, the soil will have to he excavated.
Councilman Coronado expressed concern that the soil reclamation cannot guarantee positive
results and he askeel if a sample test could he made to determine if it will correct the
problem before the City expenels the entire project cost. Mr. Beardsley indicated that he
would have to investigate whether a small scale operation is possible.
It was moved by Councilman 1\1ullen and seconded by Councilwoman Arnold to approve the
recommendations in the staff report.
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City Council r.1inutes January 26, 1987
Councilman Coronado stated that he would abstain from voting since he questioned whether
the soil reclamation will work.
Following further discussion, Councilmembers Mullen and Arnold withdre~.' the motion ann
second. Councilwoman Arnold suggested that the consultant make a report to the Council on
this matter.
It was moved by Councilman ]\lll11en and seconded by Councilman f'oronaco to continue the
item to the February 9 meeting and request tl1at the Citv's consultant be present at the
meeting. 'l'he motion unanimously carried by the following roll call vote:
A YES: 4 f'OUNCTL!'"EMBE'P~: Arnold, C;oronado, Mullen & l{anel
NOES: o COUNCTVV1EMBERS: None
ABSENT: 1 COUNCILME~mE'PS: Davis
CONTINUATION OF CONSIDERATI0N OF TPE PROCF~S FOR (,()NFOR1V~ING 'T'O THE
NEW PROVISIONS OF THE BROWN AC''l': 1\,"r. Essex presented a report dated .Januarv 21 and
tra.nsmitted a draft Resolution regarding tl1e Brown Act.
HeariJ1g no objections, the Mayor continued this item to tl1e Fehruary 9 meeting.
C'ONSIDERATIOt-T OF APPLICATION rOR ADJTTST~!TENT #87-1, PECRFASE PEAP
BUILDING SETBACK FOR ~O()lV' ADDI1'TON, 9211 JULIE BF'T'P: The Planning Director
presented a report dated ,January 20 indicating that the application is for a 209(, adjustment
to the rear yard building setback for a room addition flt 9211 .Julie Beth. Staff indicated that
the room addition was constructed before 1973 without a builning permit, and the property
owner is trying to acquire a bujJr'!ing perm it in order to sell the )1ouse. The Planning Pirector
reporter'! that there is a residential 9c1dition to tile soutl1 of tris property which encroaches
five feet into t~e rear yard sethack, and she recommended Approval of tl1e subject
application. She indicated that staff wanted to anvise tl1e C'ouncil that the surject property
is adjacent to an industrial zone (Hyatt Die rast).
It was moved hy Councilman Mullen and seconded by C'ouncilman Coronado to support the
request for an adjustment. Tre motion unanimously carried by the foJ1owing roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Coronaco, Mullen & Kanel
NOES: o COUN(,ILME1','~BFl?S: None
ABSENT: 1 rOUNCTL\~Fv.nERS: Davis
CONSIDE'PATION OF COMJV'UNTCATTON IN REFEnENCE TO TPE KEEPING OF CHICKENS
AT 9442 ALDEPBURY, CYPRF.f'~: ~I!r. Fssex presented a report dated <January 21 incicating
that the Planning Department sent a letter to the property owner on December 7, 1986,
requesting that the chickens be removed from the property within 10 days, end a follow-up
letter was scheduled to be sent out the week of January 19. The Planning- Director reported
that the one remaining chicken wil1 he removed hy January 30.
The Council received and filed the report.
CONSIDEP.ATION OF ACCEPTANCE OF 'fJTE MFDIA1\; LANDSCAPING OF KATELT.A
AVENUE FROM V ALLEY VIEW S'I'PEE'T' TO FOLDER STRFET, LINrOLN AVENUE FRO!',~
DENNI S'fP.EET TO V ALLEY VIF~"T S'l'PEET, AND V ALLEY VIEW STREET FPOM LINCOLN
A VENUE SOUTH 1'0 CYPRESS CITY LIMIT - rITY OF CYPPf.SS PROJErT #8639-90: The
Public Works Director presented a report dated .January 19 which indicated that the project
has been completed in accordance with the plans and specifications and outlined additional
construction costs.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to: (]) authorize
an appropriation from the fund balance of the Gas Tax (2106) Fund and appropriate $4,198.00
to Account #4186-22-459.27; (2) authorize an appropriation from the fund balance of the Gas
Tax (2106) Fund anc appropriate $86,55 J .00 to Account #418fi-22-460.27; (3) approve a
contract change to Hacienda Landscape, Inc., from $405,219.50 to $496,985.10; (4) accept the
landscaping project, Cit~' of Cypress Project #8639-90, as being satisfactorily completed in
accordance with the plans and specifications: and (5) authorize the City Clerk to release the
Labor and Materials Bond upon expiration o(the reQuired lien period, providin~ no liens have
been filed, and to release the Faithful Performance Bond upon expiration of one year's
guarantee, providing no defects in material or workmanship become evident. The motion
unanimously carried by the following roll cell vote:
A YES: 4 COPNCTL1V'EMBERS: Arnold, Coronaro, ~ul1en & Kanel
NOES: o COUNCILMEI\/fBE'PS: r-Tone
AB~EN1': 1 C;OUNCIJ,lVrEl\"BERS: Davis
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C'ity Council Minutes January 26, 1987
CONSIDERATION OF APPROVAL OF C()~IfMERCIAL WAPRANT U::;T POP WAPRANTS
#18/114-18807: It was moved by Councilman Mullen and seconded by Mayor Kanel to approve
the Warrant List for \,.7arrants #18614 through #1880'1 in the amount of $364,995.15. The
motion unartttTI~usly <!arried by the following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Coronado, Mullen & Kanel
NOES: 0 COUNCU.J\I!'E~mERS: None
ABRENT: 1 COUNCILMEMBERS: Davis .."
EXECtTTIVE SER::;ION: 1VJayor Kanel called an Executive Session at 1.0:39 p.m. to discuss the
fOllowing personnel and litigation matters:
Item #30 - Continuation of Consideration of Employer/Employee Negotiations;
Item #31 - Continuation of Consideration of Acquisition of Property at 5406 Wicker
Drive;
Item #32 - Continuation of Consideration of Po1ieJ\tial'Litigation Concernin~
Employment.
The l\l!ayor called the meeting back to orcer at 12:16 a.m. with Councilman Davis absent.
1V:ayor KAnel stated that the Council had not taken action on agenda Items #30, 31, and 32,
anc he continued the items to the February 9 meeting.
ADJOUFNl\mNT: The Mayor ad,iourned the meeting at 12:18 a.m. to lVTonday, February 2, at
5:45 p.m. in the Administrative Conference Room of the Cypress f'ity Hall.
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