Minutes 87-04-27
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
April 27, 1987
The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday,
April 27, 1987, in the Cypress City Council Chamber, 5275 Orange Avenue, Cypress,
California, by Mayor John Kanel.
PRESENT: Councilmembers Arnold, Davis, Mullen and Kanel
ABSENT: Councilman Coronado
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson,
and staff members Barrett, Beardsley, DeCarlo, Hamlin, Hurst, Leonard and Wicker.
Mayor Kanel announced that Councilman Coronado was out of town on business and would be
absent. The Mayor introduced former Congressman Jerry Patterson who would be appointed
tonight as City Attorney.
PLEDGE OF ALLEGIANCE: Councilwoman Arnold led the pledge to the flag.
PRESENTATION OF COMMEMORATIVE OBSERVANCE FOR DAYS OF RElVEMBRANCE OF
THE VICTIMS OF Tf'E HOLOCAUST BY AL WEINBERG: Mr. AJ Weinberg led the
commemorative service to observe April 26 through May 3 as the Days of Remembrance of
the Victims of the Holocaust. He reported that the U.S. Holocaust Memorial Council was
established by Congress in 1980 as a national commitment to remember the Holocaust, and
the Council plans and sponsors annual civic observances, operates a museum in Washington,
D.C., and has undertaken many activities to increase understanding of the Holocaust.
Rabbi Irvin Brandwine gave a benediction. Community members who participated in 8 candle
lighting ceremony were: Mr. and Mrs. Bloch, Mr. and Mrs. Berlin, Mr. and Mrs. Abrahms, Mr.
and Mrs. Spatz, Mr. and Mrs. Inkman, and Mrs. Claire Weinberg. Mr. Weinberg read a report
on the atrocities of the Holocaust.
Mayor Kanel read a Proclamation of the rity Council declaring April 26 through May 3 as the
Days of Remembrance of the Victims of the Holocaust and presented it to Mr. Weinberg. Mr.
Weinberg thanked everyone for attending the observance.
Mayor Kanel took Item #37 out of order.
CONSIDERATION OF APPOINTMENT OF THE CITY ATTORNEY: Mr. Essex presented a
report dated April 21 describing the proposal for legal services submitted by Mr. Jerry M.
Patterson of the firm of Burke, Williams &. Sorensen.
It was moved by Councilman Mullen and second eo by Councilman Davis to adopt the
Resolution by title only, title as follows, appointing Mr. Jerry M. Patterson as City Attorney:
RESOLUTION NO. 3232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPOINTING MR. JERRY M. PATTERSON AS CITY ATTORNEY.
ThE" motion unanimously carried by the following roll call vote:
A YES: 4 ("OUNCrLMEMBERS: -\rnold, Davis, Mullen & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCJLMEMBERS: Coronado
Mr. Patterson stated that he was delighted to be back in Orange County full time and he was
looking forward to a long relationship with the City of Cypress.
PRESE NT ATIO NS:
Mayor Kanel stated that Alternate Senior Citizens Commissioner Bernetta Meredyk
requested that the Community Service Plaque be sent to her residence.
Mr. Essex administered the Loyalty Oath to l\1'rs. Nellie Noe, the newly appointee Alternate
Senior Citizens Commissioner.
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City Council Minutes April 27, 1987
Recreation and rommunity Services Commissioner George Hallak presented Mayor Kanel
with a citation plaque from the California Park and Recreation Society District 10 which was
awarded to the Cypress Community Festival Committee for excellence in organizing the
1986 Cypress Community Festival.
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) COpy MACHINE, REQUEST
FOR. QUOTATION #8687-40: Mr. Essex presented a report from the Finance Director dated
April 16 listing 10 bids received.
It was moved by Councilman Mullen and seconded by Councilman Davis that the City
Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and
Park District: (1) appropriate $4,540.00 from the unreserved fund balance of the Central
Services Fund to Account #4350-83-651-36, and (2) accept the bid from University Copy
Systems, 1660 Chicago Avenue, Riverside, California, as the lowest responsible bidder and
award them the contract for one (1) copier in the amount of $4,539.26. The motion
unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR VIDEO EQUIPMENT, REQUEST FOR
QUOTATION #8687-34: Mr. Es:;ex presented a report from the Finance Director dated April
21 recomending that the contract with Hoffman Video Systems for the telecomprompter be
cancelled since they are unwilling to advance the money or pay the C.O.D. fees for the
equipment, as requested by the supplier. Staff recommended award of contract to American
Video Products who will honor their previous bid without freight or C.O.D. charges.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to cancel the
contract for the Comprompter Telecomprompter ENR-PC with Hoffman Video Systems for
non-compliance and award the contract to American Video Products, 615 S. State College
Boulevard, Fullerton, California, in the amount of $7,526.00. The motion unanimously
carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEI'ftBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF RENEWAL OF CONTRACT FOR A THREE (3) YEAR PERIOD FOR
CITY /DISTRICT AUDIT SERVICES: The Finance Director presented a report dated April 20
recommending renewal of the contract with Moreland and Associates, Inc. The report
outlined the proposed fees.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold that the City
Council and acting as the ex officio governing Board of Directors of the Cypress Recreation
and Park District accept the proposal of Moreland and Associates, Inc., 610 Newport Center
Drive, Suite 500, Newport Beach, California, and renew the contract for a three (3) year
period, with a sixty (60) day written cancellation notice, for audit services as outlined in the
report. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kane]
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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 requested that Items #18 and #20 be removed from the Consent Calendar.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve Consent
Calendar Items #7 through #28 with the exception of Items #18 and #20. The motion
unanimously carried by the following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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City Council Minutes April 27, 1987
Item #7: Motion to Approve City Council Minutes of March 30, 1987, April 2, 1987, April 6,
1987, and April 13, 1987 (Adjourned and Regular Meetings).
Recommendation: That the City Council approve the Minutes of March 30, 1987, April 2,
1987, April 6, 1987, and Apri113, 1987 (Adjourned and Regular Meetings) as submitted, with
Mayor Pro Tern Davis abstaining on the April 2 Minutes and Councilman Coronado abstaining
on the April 6 Minutes due to their absences at those meetings.
Item #8: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #9: Consideration of Request from the Cypress Twirlers for Permission to Use the City
Council Chamber Plaza Area for Square Dancing on June 27, July 25, and August 22, 1987.
Recommendation: That the City Council approve the request of the Cypress Twirlers for use
of the City Council Chamber Plaza area on June 27, July 25, and August 22, 1987, between
the hours of 7:00 p.m. to 11:30 p.m., subject to the condition that the organization be
required to pay for any additional costs incurred in providing maintenance and utility
services.
Item #10: Consideration of Renewal of Towing Service Contract.
Recommendation: That the City Council approve the renewal of the contract for auto
towing service with the Cypress Auto Tow for a period of one year, ending June 30, 1988,
under the same conditions and rates in the existing contract.
Item #11: Consideration of Claim Filed by Joseph and Edna Finarty.
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 #12: Consideration of Claim Filed by Jan Vos.
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 #13: Consideration of Proclaiming May 1987 as "Older Americans Month".
Recommendation: That the Mayor and City Council officially proclaim the month of May
1987 as "Older Americans Month" in the City of Cypress.
Item #14: Consideration of Proclaiming May 1, 1987 as "Law Day, U.S.A.".
Hecommendation: That the Mayor and City Council officially proclaim May 1, 1987 as "Law
Day, U.S.A." in the City of Cypress.
Item #15: Consideration of Proclaiming May 9, 1987 as "Fire Service Recognition nay".
Recommendation: That the Mayor and City Council officially proclaim May 9, 1987 as "Fire
Service Recognition Day" in the Citj of Cypress.
Item #16: Consideration of Proclaiming May 27, 1987 as "Women Entrepreneurs: Partners
with Government and Industry Day".
Recommendation: That the Mayor and City Council officially proclaim May 27, 1987 as
"Women Entrepreneurs: Partners with Government and Industry Day" in the City of Cypress
as requested.
Item #17: Consideration of Proclaiming May 3-9, 1987 as "Hire-A-Veteran Week" in the City
of Cypress.
Hecommendation: That the Mayor and City C'ouncil officially proclaim the period of May 3 -
9, 1987 as "Hire-A-Veteran Week" in the City of Cypress.
Item #19: Consideration of Claim Filed by Forrest E. 'l'ande.
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.
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Item #21: Consideration of Service Agreement #07D557 for Testing and Inspection of
Markers and Materials on Lincoln Avenue and Valley View Street - PMS-005(242) Pavement
Marking, City of Cypress Project #8659-90.
Recommendation: That the City Council approve Service Agreement #07D557 for the
testing and inspection of pavement markers and materials on Lincoln Avenue and Valley View
Street - PMS-005(242) Pavement Markers and authorize the Mayor and City Clerk to execute
it on behalf of the City.
Item #22: Consideration of Supplemental Appropriation for Motor Grader Repair.
Recommendation: That the City Council appropriate $500.00 from the unreserved fund
balance of the Central Services Fund to Account #4161-90-623-08 and authorize $640.55
additional repairs to Motor Grader Unit No. 302 by Quinn Equipment Company, 2300 N. Rose,
Oxnard, California.
Item #23: Consideration of Reimbursement of Funds for Valley View Street Railroad
Crossing, BBN516.05, Local Agency/State Agreement #07-5330, Supplement #9, F .A. U.
Project #M-L097(2), City of Cypress Project #7853-90.
Recommendation: That the City Council: (1) authorize an appropriation from the fund
balance of the Gas Tax Fund (2106) and appropriate $14,138.00 to Account #4186-22-453-21;
and (2) authorize the Finance Director to reimburse the Department of Transportation for
ineligible expenditures in the amount of $14,137.46.
Item #24: Consideration of Communication from Mayor Jess F. Perez of the City of Orange
Requesting Support on the Litigation Involving Billboards."
Recommendation: That the City Council refer this communication to the City Attorney's
Office for review and recommendation.
Item #25: Consideration of Employment List - Recording Secretary.
Recommendation: That the City Council certify the Employment List for the position of
Recording Secretary as submitted.
Item #26: Consideration of the Boys' and Girls' Club Sub-leases with the Cypress High School
Band Boosters and Athletic Boosters.
Recommendation: That the City Council approve the revised Boys' and Girls' Club facility
sub-leases as outlined in the report and authorize the Mayor and City Clerk to execute the
sub-lease agreements.
Recreation &. Park District Matters
Item #27: Consideration of Donation of Funds from the American Legion Auxiliary, Cypress
Unit #295, District 29.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation & Park District, formally accept the donation in the
amount of $100.00 from the American Legion Auxiliary and appropriate $100.00 from the
Cypress Recreation &. Park District General Fund to Account #4104-12-307-10 for use in the
tutorial program.
Item #28: Consideration of Senior Citizens Nutrition Transportation Contract.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation &. Park District, approve the transportation contract
with the Orange County Consolidated TransportAtion Service Agency for the fiscal year
1987-88, at a cost of $3,046 payable to OCCTSA for the performance of this contract.
In regard to Item # 18, Consideration of Resolution Endorsing the Automobile Club of
Southern California's Proposal, "Freeway Development to the Year 2000", Mr. AI Witt,
District Manager for the Automobile Club of Southern California, reported that the Auto
Club is interested in making cities aware of the need for an types of transportation
improvements and is soliciting support to urge the l.egislature to begin work in this area. 1\1:1'.
Witt stated that the Auto Club feels there is a need for public transit, and it is up to the
cities and counties to make their own decisions on transportation improvement needs.
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It was moved by Councilman Mullen and seconded by Councilman Davis to adopt the
Resolution by title only, title as follows, endorsing the Automobile Club of Southern
California's proposal, "Freeway Development to the Year 2000",and authorize the Mayor to
transmit the Resolution to Governor Deukmejian and to the appropriate Senate and Assembly
legislators:
RESOLUTION NO. 3233
A RESOLUTION OF THE CITY ,COUNCIL OF THE CITY OF CYPRESS
ENDORSING THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA'S
PROPOSAL, "FREEWAY DEVELOPMENT TO THE YEAR 2000".
The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any
matter not on the agenda. No one wished to speak.
PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT #87-2,
CONSTRUCTION OF SWIMMING POOL AT MOTEL, 5311 LINCOLN AVENUE: Mayor Kanel
opened the hearing and the Senior Planner presented a report dated April 21 descrihing the
request to amend the site plan for a recently approved 45-room motel by replacing a
proposed exercise room with a 300 square foot swimming pool. The staff report indicated
that a swimming pool is necessary for the motel to receive a two-star rating by the Auto
Club of Southern California.
Councilman Mullen stated that he could not support the request without reviewing' the pool
plans.
Mr. Malchon Kao, 1912 Via Del Rey, South Pasadena, the applicant, reported that they
propose to install a standard size pool with an average depth of five feet and Ii major portion
of the pool would be located under the second floor of the building. He stated that the
ceiling height is about 9 feet and there will be no diving board. Mr. Kao stated that he would
like a two-star rating for the motel and he proposes air-conditioning and television amenities
in addition to the pool.
Mayor Kanel asked if anyone wished to speak in support or in opposition to the amendment.
No one wished to speak.
It was moved by Councilman Mullen and seconded by Councilman Davis to cOi1tinue the public
hearing regarding Amendment to Conditional Use Permit #87-2 to the May 11 meeting and
request that the applicant submit plans of the swimming pool, building overhang, and revised
landscaping. The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL.vtEMBERS: Coronado
PUBLIC HEARING RE: VARIANCE #87-3, INCREASE IN DENSITY ALLOWED AND
DECREASE IN PARKING REQUIREMENTS, 5701 VONNIE LANE: Mayor Kanel opened the
hearing and the Senior Planner summarized a report dated April 20 regarding the variance
request to permit construction of Ii duplex, in addition to the existing single-family dwelling,
on property located at 5701 Vonnie Lane in the RM-15 Residential Multiple-Family Zone.
The Zoning Ordinance would limit the lot to a total of two units instead of the proposed
three, and also included in the application is a request to decrease the number of required
parking spaces from seven to six. Staff recommended denial of the variance.
Mr. David Williams, 5701 Vonnie Lane, Cypress, the applicant, spoke in support of his
variance request and felt the project and design would upgrade the neighborhood. He stated
that the garage conversion would be demolished as part of the proposal.
The Mayor asked if anyone wished to speak in support.
Mr. John Hall, 5691 Vonnie Lane, Cypress, stated that the project is a good idea and it was
supported by all the neighbors when the applicant submitted plans in 1983.
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Mrs. Mary Hall, 5691 Vonnie Lane, Cypress, stated that she supports the project and she has
never had any problems with the applicants who have been good neighbors.
The Mayor asked if anyone wished to speak in opposition.
Mr. Frank Littlefield, 5692 St. Ann, Cypress, spoke in opposition to the project and stated
that the proposed structure is too large for the lot, there are no three-unit developments in
the area, there will be no open space for children or space in front of the building for
landscaping, and access to the proposed garage units will be difficult. Mr. Littlefield stated
that the exterior of the property has not been maintained for the past five years, and he did
not feel maintenance of the property would improve with the project.
Mrs. Sofie Carlson, 5702 St. Ann, Cypress, stated that she did not object to the property
owner improving the property but the proposed building is too large for the lot and there will
be inadequate parking space. Mrs. Carlson stated that she lives behind the subject property
and she objected to the proposed plans for a window facing her bedroom.
Mr. Williams, the applicant, stated that there is a 10 foot rear setback which meets City
requirements. He stated that the tenants of the duplex will park on Vonnie Lane, and the
property will be professionally landscaped and maintained.
It was moved by Councilwoman Arnold and seconded by Councilman Mullen to close the
hearing and adopt the Resolution by title only, title as follows, denying Variance #87-3:
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RESOLUTION NO. 3234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING VARIANCE NO. 87-3.
The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado "..-
PUBLIC HEARING RE: VARIANCE #87-4 AND DESIGN REVIEW COMMITTEE #87-14,
DENTAL OFFICE/R.ETAIL BUILDING, 9032 WALKER STREET: Mayor Kanel opened the
hearing and indicated that staff requested a continuance of the hearing to May 11.
It was moved by Councilman Mullen, seconded by Councilman Davis and unanimously carried
to continue the public hearing regarding Variance #87-4 and Design Review Committee #87-
14 to the May 11 meeting.
CONTINUATION OF CONSIDERATION OF THE SENIOR CITIZENS AFFORDABLE HOUSING
PROJECT AND THE ACQUISITION OF THE CYPRESS SCHOOL DISTRICT PROPERTY: Mr.
Essex presented a report dated April 21 and a supplemental report from the Planning
Director dated April 23 recom mending that, prior to closing escrow, the r,ouncil authorize
acceptance of two deeds that will provide title to the emergency vehicle access easement,
and the access alley serving the senior housing site parcel off of Grindlay Street.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to authorize
acceptance of the Emergency Vehicle Access Easement and the Access Alley upon close of
escrow. The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
Mr. Essex stated that, in response to the Council's concern over whether closing escrow
might jeopardize the HUn grant, Mr. Ridder-White of Shelter Ventures has submitted a letter
explaining the status of the project and he was present to discuss the status and time
schedule.
Mr. Brooks Ridder-White reported that he spoke with HUD today and they have finished
processing of the loan commitment but have not completed the paperwork. He reported that
it appears the City will have the final loan commitment for the 75 units within t:^'o weeks.
Mr. White stated that l1e did not foresee any problems either with HUD or the CIty that
would prevent the start of construction by mid-July. Mr. White reported that typically there
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City Council Minutes April 27, 1987
is a difference in the estimate of construction costs between HUD and the general
contractor, and he estimated that it would take four to six weeks for the contractor to
negotiate an agreed upon budget with HUD. Mr. White stated that the first half of July is a
reliable estimate for the loan closing, transfer of funds and start of construction.
Mr. White reported that a new draft of the disposition and development agreement will be
submitted soon for HUD's review and their comments should be received by the end of May
after which the agreement can be executed. He stated that the Agency included items for
protection in the agreement covering default in construction or during operation of the
facility, etc. which HUD typically objects to in DDAs, and the Agency would like a direct
response from HUD on these items. Mr. White stated that their attorney agrees with the
justification of the protection measures the Agency proposes in the DDA. Mr. White stated
that the closing of escrow will only facilitate the closing of the HUD grant.
Councilman Davis stated that he would rather not have committed the City to buying the
property. He expressed concern over the lack of communication and requested improved
comm unication in the future so that the Council is aware of what's happening.
RECESS: The Mayor called a recess at 8:50 p.m. The meeting was called back to order at
9:00 p.m. with Councilman Coronado absent.
CONTINUATION OF CONSIDERATION OF DISCUSSION OF VEHICULAR TRAFFIC
PROBLEMS ON HOLDER. STREET, BETWEEN ORANGE AVENUE AND BALL ROAD: Mr.
Essex presented a report dated April 21 indicating that letters were sent to all property
owners fronting on Holder Street inviting them to attend tonight's meeting.
Mayor Kanel stated that the residents reported they are still experiencing problems with the
bus traffic on Holder and the OCTD's solutions are not working. Councilman Mullen stated
that OCTD has been concerned with the problem and their actions to date include relocating
the bus stops, using a quieter bus, requiring drivers not to exceed 25 mph on Holder, and
implementing a program of spot checks to insure that drivers maintain the 25 mph speed and
accelerate more slowly from the bus stops. Councilman Mullen stated that an equally
important issue is that persons depend on the bus service to get to Cypress College. Mr.
Essex reported that, in addition to the OCTD actions, the Police Department conducted
special traffic enforcement to alleviate the speeding problem.
Mrs. Evelyne Weyhrich, 9783 Holder, Cypress, asked why a bus route was located on Holder, a
residential street. She stated that the buses are not any quieter, they do not travel 25 mph,
and residents on Holder do not use bus service. She requested written confirmation that
Holder is designated as an arterial street and asked if it could be deleted as an arterial. Mrs.
Weyhrich requested that the bus route be removed from Holder Street. She reported that
there are other traffic problems including speeding, large semi and commercial trucks using
Holder, and difficult parking in front of the homes.
Mr. Edmund Buckley, representing the Orange County Transit District, stated that their
letter explained actions which were taken after March 1986 when the problems first arose.
He reported that line #46 travels mostly on Ball Road into the City of Long Beach and it
deviates at Holder to serve the College. Mr. Buckley was asked if the route could be changed
to have the bus travel north on Valley View to serve the west side of the College or whether
Knott could be used. Mr. Buckley stated that they want to keep the route close to Ball Road,
and using Valley View would take extra time for through riders, require an alignment to
return to Ball, and inconvenience people on Holder Street. He reported that there are about
40 bus riders daily who board or get off on Ball west of Knott, and OCTD's objection to the
Knott Street alternative is the potential inconvenience to these riders.
Mr. Essex suggested a route that loops the college with buses travelling north on Valley View,
east on Lincoln, south on Holder and west on Orange back to Valley View.
Mrs. Ann Marie Derringer, 9809 Holder, asked that the bus route on Holder be eliminated.
She complained about the bus noise and stated there does not appear to be many bus riders.
Mrs. Mary Kluger, 9805 Holder, asked that the buses be removed. She stated they are large
capacity buses and there are never more than 10 people on the bus daily. She stated that the
noise impact is quite bad. Mrs. Kluger reported that there is frequent vehicle speeding
between Lincoln and Ball.
Councilman Mullen suggested that if the Council supports deletion of the bus route on Holder
they should make an official request that OCTO find another route. He indicate<'l that he
would abstain from voting because he is a member of the OCTD Board and they have a
responsibility to bus riders.
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It was moved by Councilman Davis and seconded by Councilwoman Arnold that the Council
request the Orange County Transit District to change the route on Holder Street because of
the numerous resident complaints about problems. The motion carried by the following roll
call vote:
A YES: 3 COUNCIL MEMBERS: Arnold, Davis & Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
ABST AININ G: 1 COUNCILMEMBERS: Mullen
Mayor Kanel stated that staff will investigate the commercial vehicles and speeding
problems on Holder.
Mrs. Weyhrich stated that the homes fronting on Holder Street have depreciated in value
because of the traffic. She asked if a parking lane could be provided on the street. Mr.
Essex stated that the traffic problems will be referred to the Traffic Commission.
CONSIDERATION OF REQUEST FROM THE CYPRESS HIGH SCHOOIJ ACADEMIC
BOOSTERS FOR FINANCIAL SUPPORT: Mr. Essex presented a report dated April 22 which
transmitted a copy of the request by the Academic Booster Club.
Mrs. Ellen Friedmann, Community Liaison for the Academic Booster Club, reported that the
Club expends its budget quickly because it operates on dues from the 300 member families
and is not a fund raising organization. She reported that the Club places emphasis on
academics and their main objective is giving recognition to students who raise their grade
point average from one semester to the next.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to approve a
contribution in the a.mount of $1,850 to the Academic Booster Club. The motion unanimously
carried by the following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
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CONTINUATION OF CONSIDERATION OF DESIGN REVIEW COMMITTEE #87-3, SPECIAL
COMMUNITY MEETING REGARDING THE NEIGHBORHOOD COMMERCIAL CENTER
NEAR THE NORTHEAST CORNER OF WALKER STREET AND BALL ROAD: The Senior
Planner presented a report dated April 20 describing the results of the meeting held on April
16 between the applicant, staff and homeowners. Miss Hamlin reported that subsequently
several homeowners contacted staff with concerns that elimination of the existing wall may
affect their patios, and she was confident this issue can be resolved to everyone's
satisfaction.
Mr. John Swint, 707 W. North Street, Anaheim, architect representing the applicant, asked
the Council what color they prefer for the building canopies. Mayor Kanel indicated that the
homeowners' suggestion would be followed. The Mayor inquired about braces on the existing
wall and Miss Hamlin reported that the wall constructed by the tract developer is leaning and
this problem will be investigated.
It was moved by Councilman Mullen, seconded by Councilman Davis and unanimously carried
to receive and file the report.
CONSIDERATION OF TEXACO TANK DEMOLITION PLAN - FINAL DETERMINATION ON
PROPOSED NEGATIVE DECLARATION: Mr. Essex presented a report from the Planning
Director dated April 20. Mayor Kanel asked if the Council had any questions. Councilwoman
Arnold stated that after reading the report and attending the work session she felt
comfortable that every step is being taken to make this a safe transition and she was
comfortable with the procedures. Councilman Mullen stated that he agreed and he was
impressed with 1'exaco's program for removal of the tanks. He felt that with 1'exaco's
experience and expertise in such operations and the regulatory controls this will be a safe
procedure that will minimize any danger to the community. He stated that he wanted the
tanks removed as early as possible.
Mayor Kanel asked if the letter from Texaco was the only legal document guaranteeing the
removal of the foundations, whether it was adequate, and why the underground piping was not
included in the letter. Mr. Essex responded that, at the City's request, the underground
pipes, soil and foundations are addressed in the other project which is the subject of the full
EIR. The City Attorney stated that the City's security is taken care of in the worst case
scenario by the fact that the City can bring nuisance action against the property if necessary
to remove the foundations. He suggested that the underground piping could be included in
the letter.
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City Council Minutes April 27, 1987
Mr. Lyn Liddell, Manager of Special Projects for Texaco Refining &. Marketing, Inc., stated
that the letter was meant to respond to the City's concerns regarding removal of the tank
foundations. He stated that Texaco is willing to commmit to do that work as soon as the
City grants the permits. Mr. Liddell stated that it is extremely difficult to get performance
bond coverage where the scope of work has not been defined. He stated that the scope of
work will not be known until the EIR is completed, but Texaco is willing to make the
commitment in advance to complete the work to the City's satisfaction once the City gives
approval.
Miss Mauryne Finnell, attorney for Texaco, stated that the language of their letter was
negotiated with the City Attorney and addresses removal of the floors and foundations
because Texaco was asked to guarantee that those items would be removed either by Texaco
or by the City at Texaco's expense. She stated that the pipes were not discussed because the
motivating concern was that the foundations would be an eyesore if left in place.
Mr. Liddell stated that Texaco has contractual obligations with the buyer of the property to
complete the work of removing the tank sides, tops and foundations and to completely
restore the site and they fully intend to meet those obligations. He stated that they felt
their letter fully met the City's requirements, and if the City feels other provisions are
appropriate they will work with the City.
Mayor Kanel asked if Texaco would object to some form of bond. Mr. Liddell stated that he
can respond after knowing the results of the EIR. He stated that the cost of removing the
foundations and pipes cannot be assessed well enough at this time to obtain a performance
bond. Mr. Liddell stated that he'd like to reinforce Texaco's interest and willingness to work
with the City, they do not take commitments such as the letter lightly, and the City has a
good deal of assurance from Texaco. He indicated that Texaco has an incentive to remove
the tanks and foundations and prepare the land for development before their deal with the
buyer is finalized, and Texaco expects to be dealing with the City on an amiable basis until
they complete the entire project.
Mrs. Adrea Coronado read comments from Councilman Coronado regarding this item. In
regard to Mitigation Measure #1 of the staff report, Councilman Coronado indicated that he
was in complete opposition to staff's reliance on paper controls governing asbestos
contractors, highly disturbed with the proposed occasional spot checks by SCAQMD and Cal-
Osha, and uncomfortable with the recommended two to three hours of the City consultant's
monitoring services each day. He felt the Council must insist on full-time City monitoring
during every day of the asbestos removal operation and hold the interests of public health
foremost in mind, and that the consideration of costs should be of incidental importance in
this situation.
Mr. Herman Roethel, 5163 Melbourne Drive, Cypress, stated that he supported the constant
monitoring of the asbestos removal since he did not feel Texaco would monitor it properly.
He asked if there will be any odor from the ground when the tanks are removed and whether
there has been seepage from the underground pipes. The Council advised him that Texaco
will clean the insides of the tanks before dismantling them, and preliminary tests have not
shown a seepage problem. Mr. Roethel stated that he supported Councilman Coronado's
statements.
The Senior Planner stated that staff and the City's consultant felt comfortahle with the
proposed monitoring of asbestos removal. She stated that the actual removal will be
conducted by a licensed contractor and monitored by both Texaco and City staff, and the
removal should require five to six weeks (six days a week). VIr. Essex stated that staff felt
uncomfortable with having periodic checks by AQMD and suggested the extra step of having
a City inspector out every day at a variety of times.
Miss Barbara Eljenholm, representing the City's consultant RBP, stated that if the
consultants feel there is a need to be present longer they will discuss it with staff.
Councilmembers Arnold and Mullen indicated that they supported staff's recommendation
regarding monitoring.
Mr. Liddell stated that Texaco feels the monitoring is adequate as currently provided for. He
stated that according to a permit condition Texaco and the City will share equally in the cost
of the consultant, and if the consultant feels additional monitoring is necessary Texaco will
pay their share.
Mayor Kanel asked about Texaco's willingness to consider a bond to give the City stronger
assurance. Mr. Liddell stated that Texaco will work with the City and try to provide
whatever level of assurance the City feels is necessary regarding the next phase of work.
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City Council Minutes April 27, 1987
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to: (1) certify the
Negative Declaration with Mitigation Measures for Texaco's removal of the tops and sides of
the oil storage tanks, associated structures and above-ground pipes; and (2) direct staff to
issue the demolition permit to allow Texaco to remove the tops and sides of the oil storage
tanks, associated structures and above-ground pipes. The motion unanimously carried by the
following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: (I COUNCIL MEMBERS: None -""I<l
ABSENT: 1 COUNCIL MEMBERS: Coronado
Hearing no objections, the Mayor continued the following items to the May 11 meeting:
Item #32 - Continuation of Consideration of the Cultural Arts Commission
Appointment;
Item #33 - Continuation of Consideration of Design Criteria for Small Commercial
Developments in the CG Commercial General and CN Commercial Neighborhood
Zones of the City of Cypress.
CONTINUATION OF CONSIDERATION OF CHANGE IN COUNCIL MEE'rING TIME: Mr.
Essex presented a report dated April 21 transmitting a draft Ordinance to change the Council
meeting time. Under the Ordinance, meetings would begin at 5:30 p.m., recess at 6:30 p.m.
for one hour, and resume at 7:30 p.m. and there is a provision to adjourn the meeting at 11:30
p.m. unless the time is extended by Council action.
It was moved by Councilman Mullen and seconded by Councilman Davis 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
AMENDING SECTION 2-1 OF THE CYPRESS CITY CODE RELATING TO
THE TIME OF REGULAR COUNCIL MEETINGS. ~,,.;~
The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
There being no objections, the Mayor continued the following item to the May 11 meeting:
Item #35 - Continuation of Consideration of City Council's Concerns Regarding the
Recent Brown Act Amendments.
CONSIDERATION OF A REQUEST FOR FUNDS TO ASSIST A CYPRESS HIGH SCHOOL
SPEECH STUDENT: Mr. Essex presented a report dated April 22 indicating that the Cypress
High School Speech Coach has requested financial assistance for a student who has been
selected to participate in the National Speech Tournament. Mayor Kanel reported that the
Cypress High School student will be representing Orange County in the tournament and he
recommended that the Council approve an expenditure for air fare not to exceed $350.
Il was moved by Councilman Davis and seconded by Councilwoman Arnold to approve an
expenditure up to $350 for the Cypress student to participate in the National Speech
Tournament. The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSE NT: 1 COUNCIL MEMBERS: Coronado
CONSIDERATION OF CITY SUPPORT FOR MAYOR'S BREAKFAS'f RECOGNIZING
FESTIVAL VOLUNTEERS: Mr. Essex presented a report dated April 22 indicating that the
Public Relations Sub-committee of the Festival Steering Committee has requested Ii City
contribution to help offset the cost of the breakfast which will recognize the festival
volunteers.
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391
City Council Minutes April 27, 1987
It was moved by Councilman Mullen and seconded by Councilman Davis to authorize a
maximum expenditure of $400 to be utilized for the Mayor's Breakfast 'Recognizing Festival
Volunteers as determined by staff. The motion unanimously carried by the following roll call
vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF THE CYPRESS COUNTY ISLAND ANNEXATION: Mr. Essex presented
a report dated April 22 regarding the proposed annexation and suggested that one or two
Councilmembers serve on the sub-committee to meet with Supervisor Wieder.
It was moved by Councilman Mullen and seconded by Councilman Davis to direct staff to
begin negotiations with Supervisor Wieder's office on the proposed annexation to determine
what County funding may be available for capital improvements, and request that Mayor
Kanel serve on the sub-committee. The motion lmanimously carried by the following roll call
vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, 1\1ullen &. Kanel
NOES: o COUNCILMEMBERS: None,
ABSENT: 1 COUNCILMEMBERS: Coronado
Hearing no objections, the Mayor continued the following item to the May 11 meeting:
Item #43 - Consideration of Written Bid Procedures.
CONSIDERATION OF RESOLUTIONS ESTABLISHING SALARIES FOR RECREATION
SUPERVISORS, PUBLIC WORKS MAINTENANCE SUPERVISOFS, AND OTHER MID-
MANAGEMENT EMPLOYEES: Mr. Essex presented a report dated April 20 transmitting the
proposed salary Hesolutions which are the result of a one year salary agreement with the
employees.
It was moved by Councilman Davis and seconded by Councilman Mullen that the Council, and
acting as the ex officio Board of Directors of the Cypress Recreation &. Park District, adopt
the Resolutions by title only, titles as follows, establishing salaries for Recreation
Supervisors, Public Works 'lIaintenance Supervisors and other mid-management employees:
RESOL UTION NO. 156
A RESOLU'l'ION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND
PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS,
AMENDIN'G RESOLUTION NO. 144 E~TABLISHING SALARIES FOR
DISTRICT EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL.
RESOLUTION NO. 3235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDI~G RESOLUTION NO. 2876, ESTABLISHING SALARY FOR THE
CLASSIFICATION OF PUBLIC WORKS MAINTENANCE SUPERVISOR.
RESOLUTION NO. 3236
A RESOLu'rION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING HESOLUTION NO. 2884, ESTABLISHING SALARIES FOR
CITY E!VIPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL.
The motion unanimously carried by the following roll caJl vote:
A YES: 4 COUNCJLMEI\1BERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF CLASSIFICATION AND SALARY s'rUDY FOR MIl)-MANAGEMENT
EMPLOYEES: Mr. Essex presented a report dated April 21 recommending the employment of
Mr. John Shannon to conduct a classification and salary study which was agreed upon in the
meet and confer process with Mid-Management employees.
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City Council Minutes April 27, 1987
It was moved by Councilman Mullen and seconded by Councilman Davis to authorize an
expenditure of $3,500 plus expenses, payable to John Shannon, Shannon and Associates, to
conduct a classification and salary study of Mid-Management positions as outlined in the
staff report and as presented in the proposal. The motion unanimously carried by the
following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
#20051 - 20300: It was moved by Councilman Mullen and seconded by Councilman Davis to
approve the Warrant List for Warrants #20051 through #20300 in the amount of
$1,448,295.16. The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, "is, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None .
ABSENT: 1 COUNCIL MEMBERS: Coronado
SECOND READING OF ORDINANCE RE: AMENDMENT TO THE ZONING ORDINANCE
#87-2: It was moved by Councilman Mullen and seconded by Councilman Davis to adopt the
Ordinance by title only, title as follows:
ORDINANCE NO. 772
AN ORDINANCE OF THE CITY COUNCJ1,OF THE CITY OF CYPRESS
AMENDING SECTION 9.2, PROPERTY-DJWEJ..OPMENT STANDAR.DS:
RESIDENTIAL ZONES OF ORDINAN~NO. 640, THE ZONING
ORDINANCE OF THE CITY OF CYP:RJi'A~, KNOWN AS AMENDMENT TO
tHE ZONING OR.DINANCE NO. 87-2.
The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
In regard to Item #20 removed from the Consent Calendar, Consideration of Renewal of
Service Agreement for Telephone Equipment, staff responded to questions from Mayor
Kanel. Staff reported that this is a month-to-month contract, there is a per-call charge, and
the rates will not be increased for a one year period. They indicated that a contract for new
telephone service will be awarded within the next few months and the service contract will
be needed only for the next several months.
It was moved by Councilman MuHen and seconded by Councilwoman Arnold to authorize staff
to renew a one-year contract with Standard Business Telephone Systems to maintain the
City's telephone system. The motion unanimously carried by the following roll call vote:
A YES: 4 COUNCILMEMBRRS: Arnold, Davis, Mullen &. Kanel
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
aXECUTIVE SESSION: Mayor Kanel called anE,Xecutive Session for personnel matters at
i1:40 p.m. to consider Item #36, Continuation of Consideration of Employer/Employee
Negotiations. The Council reconvened at 12:35 a.m. with Councilman Coronado absent.
ADJOURNMENT: Mayor Kanel adjourned the meeting at 12:35 a.m. to 6:30 p.m. on
Thursday, May 7, in the Administrative Conference Room of City Pall.
RESS
ATTEST: \)
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CITY c~*.r61?~;rv6~ CYPRE.~
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