Minutes 87-05-26
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
May 26, 1987
The regular meeting of the Cypress City Council was called to order at 5:31
p.m. on Tuesday, May 26, 1987, in the Cypress City Council Chamber, 5275
Orange Avenue, Cypress, California, Mayor John Kanel presiding.
PRESENT: Councilmembers Arnold, Coronado, Davis, Mullen & Kanel
ABSENT: None
Also present was the Assistant City Manager, David Barrett. The City
Attorney, Jerry Patterson, was absent.
RECESS: The Mayor Kanel called a recess at 5:33 p.m.. The meeting was called
back to order at 6:00 p.m. with all Councilmembers present.
CONSIDERATION OF AWARD OF CONTRACT TO PROVIDE FOR A CITY FACILITIES TELEPHONE
SYSTEM: Mayor Kanel opened the discussion and there a question about the
charts in the report and the Council continued further discussion until staff
and the Pacific Bell representatives were present for further explanation at
7:30 p.m.
CONSIDERATION OF AWARD OF CONTRACT FOR 5K/10K RUN T-SHIFTS. REQUEST FOR
QUOTATION NO. 8687-44.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
accept the low bidder to provide T-shirts for 5K/10K run.
Councilman Davis stated that the reimbursement of these funds was not addresed
in the presentation and requested the record note that this is an advance and
that upon the sale of the T-shirts, the money expended will be returned to the
District. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSENT CALENDAR: All items listed on the agenda under "Consent Calendar" are
to be considered by the Council as routine and enacted by one motion approving
the recommendations on the agenda.
It was moved by Councilman Coronado and seconded by Councilman Mullen to
approve Consent Calendar Items #7 through #19. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #7: Motion to Approve the City Council Minutes of the Adjourned Regular
Meeting of May 7, 1987 and the Regular Meeting of May 11, 1987.
Recommendation: That the City Council approve the Minutes of May 7, 1987 and
May 11, 1987, as submitted.
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 an Application for Alcoholic Beverage License
Transfer Filed by Hoang Anh T. & Hung The Luong, D.B.A. The Omega Liquor, 4346
Lincoln Avenue, Cypress.
Recommendation: Receive and File.
Item #10: Consideration of an Application for an Original Alcoholic Beverage
License Application Filed by Quan & Trang V. Do and Ha D. Vu, D.B.A. Chinese
Garden, 11515-11517 Knott Avenue, Cypress.
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City Council Minutes May 26, 1987
Recommendation: Receive and File.
Item 1#11: Consideration of Adoption of Resolution Commending Eagle Scout
Darrell Riddell.
Recommendation: That the City Council adopt the Resolution by title only.
title as follows. commending Boy Scout Darrell Riddell on attaining the Rank
of Eagle Scout.
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RESOLUTION NO. 3242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT DARRELL RIDDELL ON ACHIEVING THE RANK OF EAGLE SCOUT.
Item 1#12: Consideration of Adoption of Resolution Commending Eagle Scout
Robert Niels Hansen.
Recommendation: That the City Council adopt the Resolution by title only.
title as follows. commending Boy Scout Robert Niels Hansen on achieving the
rank of Eagle Scout.
RESOLUTION NO.3243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT ROBERT NIELS HANSEN ON ACHIEVING THE RANK OF EAGLE SCOUT.
Item 1#13: Consideration of Proclaiming June 8 - 14. 1987. as "Scleroderma
Awareness Week".
Recommendation: That the Mayor and City Council officially proclaim June 8 -
14. 1987. as "Scleroderma Awareness Week" in the City of Cypress as requested.
Item 1# 14: Consideration of Claim Filed by Robin Paparazzo.
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Recommendation: That the City Council direct the City's Claims Administrator.
Carl Warren & Co.. to settle the claim in the amount of $174.90.
Item 1#15: Consideration of Proclaiming June 14. 1987. as "Flag Day" and to
"Pause for the Pledge" at 4 p.m. POT.
Recommendation: That the Mayor and City Council officially proclaim June 14.
1987. as "Flag Day" and to "Pause for the Pledge" at 4 p.m. POT.
Item 1#16: Consideration of Adoption of Resolution Commending Or. Jack Scott
for his services as President of Cypress College and to the Community.
Recommendation: That the City Council adopt the Resolution by title only.
title as follows, commending Dr. Jack Scott for his services as President of
Cypress College and to the Community.
RESOLUTION NO.3244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING DR.
JACK SCOTT FOR HIS OUTSTANDING SERVICE AS PRESIDENT OF CYPRESS COLLEGE
AND TO THE COMMUNITY.
Item H17: Consideration of Promotional Employment List--Pub1ic Works
Maintenance Supervisor.
Recommendation: That the City Council certify the Promotional Employment List
for the position of Public Works Maintenance Supervisor as submitted.
Item 1# 18: 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.
Recommendation: That the City Council continue this item to the City Council
meeting of June 8, 1987 for a staff report.
Recreation and Park Matters:
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City Council Minutes May 26, 1987
Item 1#19: Consideration of Attendance of the Director of Recreation and Park
District to the 1987 National Recreation and Park Association Congress.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, authorize the
attendance of Marvin DeCarlo, Director of Recreation and Park District, to the
1987 National Recreation and Park Association Congress to be held in New
Orleans, Louisiana, on September 17 - 21, 1987 and be reimbursed for all
actual and necessary expenses incurred.
CITY ATTORNEY, JERRY PATTERSON, ARRIVED AT 6:06 p.m.
CONSIDERATION OF AMENDING THE RESOLUTION ESTABLISHING THE ORDER OF BUSINESS OF
THE CITY COUNCIL MEETINGS. Mayor Kanel opened the discussion. It was moved
by Councilman Mullen and seconded by Councilman Davis to adopt the resolution,
by title only, title as follows:
RESOLUTION NO. 3245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING
RESOLUTION NO. 2607 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY
COUNCIL MEETINGS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF TIME EXTENSION OF CONDITIONAL USE PERMIT NO. 86-14. TWO
ADDITIONAL APARTMENTS AT 9372 VALLEY VIEW STREET. Mayor Kanel opened the
discussion and Councilwoman Arnold and Councilman Davis expressed concern that
they were not on the Council at the time the original C.U.P. was approved and
requested the matter be delayed until they received additional information
sufficient to make a decision on the matter. The City Attorney recommended
the Council approve a two week extension to their next regular meeting at
which time the additional information would be available for the entire
Council to consider the one year extension request.
It was moved by Councilman Coronado and seconded by Councilman Mullen to
extend Conditional Use Permit No. 86-14 to June 8. Councilman Davis and
Councilwoman Arnold noted they were abstaining as they were not familiar with
the issue. The motion carried by the following roll call vote.
AYES: 3 COUNCILMEMBERS: Coronado, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSTAINING: 2 COUNCILMEMBERS: Arnold and Davis
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 20522 -
20761 - $623,041.02. It was moved by Councilman Mullen and seconded by
Councilman Coronado to appprove the commercial warrant list. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
SECOND READING OF AN ORDINANCE OF THE CITY OF CYPRESS REGARDING PERFORMANCE
STANDARDS: It was moved by Councilman Coronado and seconded by Councilman
Mullen to adopt the Ordinance by title only, title as follows:
ORDINANCE NO. 775
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGARDING
PERFORMANCE STANDARDS WITHIN ALL COMMERCIAL ZONES AND OTHER MATTERS
RELATING THERETO.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes May 26, 1987
EXECUTIVE. SESSION: Mayor Kanel called an Executive Session at 6:20 p.m. to
discuss the following personnel and litigation matters:
Item 1#22: Continuation of Consideration of Hollywood Park Realty
Company's Property Development.
Item 1#23: Continuation of Consideration of Employer/Employee
Negotiations
Item 1#26: Reconsideration of the Proposed Modifications to the City
of Cypress' General Plan, Requiring the Vote of the People
to Change Property Zoned PS.
Item 1#30: Consideration of Possible Settlement of Worker's
Compensation Claim.
THE MEETING WAS CALLED BACK TO ORDER AT 7:30 P.M. WITH ALL COUNCIL MEMBERS
PRESENT AND WITH THE FOLLOWING STAFF MEMBERS: Beardsley, DeCarlo, Eynon,
Hurst, Leonard and Lowenberg.
The Mayor announced that the Council now meets at 5:30 p.m. under the new
Ordinance change and asked the Assistant City Manager to recap those items
that were resolved during the earlier part of the Council meeting.
PLEDGE OF ALLEGIANCE: Councilman Coronado led the pledge to the flag.
PRESENTATION: Mayor Kanel presented Lynda Lacayo, the newly appointed
Cultural Arts Commissioner, with a Certificate of Appointment. Ms. Lacayo
thanked the Commission for her appointment.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to
any matter that was not on the agenda. No one from the audience addressed the
Counc i 1 .
Councilman Mullen mentioned in response to the Holder Street bus traffic
complaints, the Orange County Transit District staff will be recommending to
the Transit District Board that the buses be rerouted down Knott Avenue. The
public hearing will be at 9:00 a.m., June 15, in the Transit District Board
Room in Garden Grove.
Mayor Kanel addressed the items that were discussed in Executive Session.
CONTINUATION OF CONSIDERATION OF HOLLYWOOD PARK REALTY COMPANY'S PROPERTY
DEVELOPMENT.
The Mayor stated that this item was placed on the agenda as ~ollywood Park
Realty had made a proposal to the City Council and Mr. Essex office. The
Council has been advised as it does involve land purchase. The City Attorney
stated that since there is no action, he would recommend a motion to receive
and file.
It was moved by Councilman Mullen and seconded by Councilman Davis that no
action was being taken on the Hollywood Park Realty proposal and it was
received and filed. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF EMPLOYER/EMPLOYEE NEGOTIATIONS:
a. A Resolution fo the City Council of the City of Cypress Amending
Resolutions No. 2884 and 2914, Establishing Salaries for City Employees
Designated as Management Personnel.
b. A Resolution 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, Amending Resolution No. 144
Establishing Salaries for District Employees Designated as Management
Personnel.
Mayor Kanel opened the issue up to discussion from the Council.
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Councilman Davis stated that there have been a number of workshops on salary
negotiations for the management team in the City and made the following
statement concerning this item:
Bringing Management salary levels into line with the median range being
applied throughout Orange County, the Council has been asked to consider
larger adjustments than what would normally be considered acceptable and
this compels me to detail some of the factors which are influencing my
decision. In workshops, there were a broad range of views and opinions
expressed on this subject but there was a common thread of support and
recognition for the professionalism, experience and quality of effort
displayed by the management personnel. Where opinions differ has been
with the salary issue before the Council.
During the past three years, Cypress operating fund revenues have
increased by 34S. During that same period of time, our concerns relating
to traffic impacts, density impacts and increasing school enrollments at a
time when the school district is striving toward reducing classroom sizes,
they have also increased. On the drawing board are additional changes to
the city which will affect all of us. Proper development is
quintessential to the future strength of Cypress. A major part of that
strength is the maintenance of the Cypress lifestyle we have all come to
expect. Cypress has continued to maintain a balanced budget for a number
of years. This is a remarkable achievement when we observe the quality
and depth of our commercial developments, the quality and recognition of
our Police Department and when we observe and experience our fine streets
and parks. All of this has been achieved through the efforts of a solid,
experienced management team.
I also acknowledge there is room for improvement and we are beginning to
take the necessary steps toward these improvements. As the decision-
making board for the citizens of Cypress, we must weigh the future fiscal
direction of Cypress as best we can. A vital point in achieving this is
the controlling of expenses and, specifically, salaries. Quantum jumps on
an annual basis are not only impossible, they are unrealistic. At the
present time, we have contracted with an independent firm to develop a
salary range plan which will compensate personnel on the basis of their
respective efforts and successes; however, these recommendations cannot be
implemented until 1988.
For the period at hand, I will support a modified salary plan, which will
grant 90S of the proposed increases and the remaining 10S placed in a pool
controlled by the City Manager. The City Manager will evaluate on a
subjective basis, the performance level of each member of the Management
group to determine what portion of their respective lOS, if any, they will
receive. I think we are demonstrating our support for this Management
team and we will continue to expect the same efforts in return.
Councilwoman Arnold stated she has great concern about this issue and made the
following statement:
I agree with the concensus of the Council that the City of Cypress has an
exceptionally qualified staff and one that we can be proud of representing
the city to the constituents as well as neighboring cities. We owe, in
large part, the credit for having such a staff to the astuteness of our
City Manager Darrell Essex. His leadership ability in selecting, training
and inspiring his staff has benefited the city greatly. I agree entirely
with the concept that quality staff is maintained by rewarding them with
appropriate compensation; however, I cannot support the proposal presented
here this evening.
In my opinion, the rationale for the tremendous salary increase in most of
our management positions is neither reasonable nor prudent. The entire
argument for this quantum increase has been based on a salary survey of 19
local cities; 13 in Orange County and 6 in Los Angeles County. The result
of this study would increase the top six management staff salaries, not
including the City Manager, by an average of 23S totalling $76,884 and
representing an annual average increase of $12,814. The argument for this
proposal is that this increase would bring our staff up to the median of
the labor market surveyed. This is not based on merit, longevity of
employment, or budget available. It does not take into account that
Cypress ranks 19th in 20 cities considered in size of operating budget.
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The average budget is $23.006.000 and in Cypress. the budget is
$11.384.016. less than one-half of the average operating budget. The
average spent per capita is $570.66 and in Cypress it is $216.17.
Of the six positions being considered. three are projected to receive
raises in excess of $15.000. with less than four years longevity on the
job. I find this impossible to support at this time. I feel that one of
the greatest arguments against why we should rai~e these salaries has
been that we oppose the median salary of all of Orange County. or the ,~-';".
cities that we studied. as being really not the measuring stick that we
should be using. There should be other measuring sticks considered and I
feel that if we were to support this action tonight that that would mean
that we support the concept that the measuring stick for the salaries of
our top management should be strictly based on the median salaries of
other cities and I cannot support that.
Councilman Coronado stated that he was very much in accordance with
Councilwoman Arnold"s comments stating:
Without question. we have a fine staff. probably the finest in the County
of Orange. We have a situation here where we are being asked to increase
salaries $16.500 for one position. $16.338 for another position and
$15.340. $12.516. $8,148. respectively. for three other positions.
We talk about fiscal responsibility, balancing budgets. but we can hardly
reconcile these quantum leaps in salaries in a one year period with that
kind of political philosophy. We can"t talk out of one side of our mouth
and be doing something out of the other side. This is not fiscal
responsibility. I am not chastising anyone but these numbers are
exhorbitant to a fault and they shouldn"t be. We are being driven by an
artificial basis of reference that has been established by cities outside
of our control and in a sense we are being blackmailed into doing these
things simply because we want to keep our personnel in a position
financially to keep their heads up with pride and not to be talked down to
by anyone who is earning more money in similar positions, but they
shouldn"t be this way and I have been asking the Mayor for some time for
an audience with the League of Cities to present my concerns regarding
this very thing in hopes other cities have similar concerns and if they
would then join with us with some kind of a task force, study committee,
to bring these salaries down to a reasonable scale. Industry does not pay
this.
In fact, no profit-making company could ever afford to pay salaries such
as this. There is no way in my experience that anyone has gotten $16,000
in one year. It is unheard of and here I am being asked to take part in
this. I cannot support this. I am voicing my displeasure. Hopefully.
down the road something can be done about this.
Councilman Mullen indi~ated he wished to hold his comments until after the
motion.
Mayor Kanel stated he was generally in favor of the salary increases and made
the following comments:
This staff has fallen behind by a good deal of money. The staff has done
a good job. In the last number of years, they have been without in
comparison to their peers. We are not talking about jumping salaries of
the entire workforce of the Police Department or for Public Works. We are
talking about a small group of people who are the key people that are in
charge of major departments of this community and have numerous employees
under them and great responsibility. That is why I favor this getting to
this median and getting it over with and from that point on. we look at
how we will adjust from there on and obviously we are looking at going
back to ranges for the future.
Councilman Davis moved approval of the salary resolutions adjusted to the
level of 90S of the salary increases recommended. with the exception that the
City Manager's salary be excluded and continued until he returns and with the
intent that the remaining 10S be held in a subjective pool to be distributed
by the City Manager based on merit and none of those 10S subjective increments
to exceed a total of 100S of the recommended salary on the original
resolution.
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Councilman Mullen stated he understood the intent of the motion to be that the
City Manager has discretion to allow nothing or up to the full 101 on each
respective individual salary.
Councilman Davis stated that this is to bring it somewhat into line with the
salary range point we are looking at for 1988-89 so we don't have this type of
problem in the future.
Councilman Mullen seconded the motion and made the following statement:
The Council has been considering salary levels for the last several
months. Several groups of people have been considered. In every
instance, the offer was based on the median salary levels of the surveyed
cities or cities that in our judgment had enough things in common to form
a reasonable basis for a fair comparison. It just happens to be
coincidence that in the management force at this particular time, we have
a number of younger people either promoted to or brought into the city as
a first time exposure to the particular job they are working and they were
brought in on something of a probationary period at a markedly lower than
market salary. Those people now have been performing in their jobs for
three or more years. You can only underpay professional people for so
long and justify it. If we are desirous of keeping good people in the
job, then we have to pay market rates. We must be competitive and I am
supportive of the motion.
Having been moved and seconded, the Resolutions were adopted by title only,
title as follows, with the following amendments (1) exclude the City Manager's
salary from the resolution and (2) approve the resolution salaries at 90% of
the increase for Assistant City Manager, Public Works Director, Planning
Director, Finance Director, Assistant to the City Manager for Employee
Relations and the Director of Recreation and Parks with the remaining 10%
held in a subjective pool to be distributed by the City Manager based on
me r it . None of those 10% increases to exceed a total of 100% of the
recommended salary on the original resolution.
RESOLUTION NO. 3246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
RESOLUTIONS NO. 2884 AND 2914, ESTABLISHING SALARIES FOR CITY EMPLOYEES
DESIGNATED AS MANAGEMENT PERSONNEL.
RESOLUTION NO. 157
A RESOLUTION 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, AMENDING RESOLUTION NO. 144
ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES DESIGNATED AS MANAGEMENT
PERSONNEL.
The motion carried with the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Mullen, Kanel
NOES: 2 COUNCILHEHBERS: Arnold and Coronado
ABSENT: 0 COUNCILMEMBERS: None
RECONSIDERATION OF THE PROPOSED MODIFICATIONS TO THE CITY OF CYPRESS' GENERAL
PLAN. REQUIRING THE VOTE OF THE PEOPLE TO CHANGE PROPERTY ZONED PS. Mayor
Kanel opened the discussion stating that the Council had taken this item under
advisement in Executive Session and, after further discussion with our City
Attorney relative to any problems, or potential litigation, the advise from
the City Attorney basically was that there may be and probably are some
potential litigation problems that could face the City if the Council put it
on the ballot as compared to minimal exposure to litigation if it was done as
an initiative measure by the public.
The City Attorney stated that he has advised the Council that it should remain
neutral as discussed at the last Council meeting. However, as individual
citizens he noted they could pursue the issue through the initiative process
without the same legal problems and it would certainly be appropriate for the
City Council to authorize the City Attorney to work with the people preparing
such a petition to insure they get something valid and it is filed in a timely
fashion.
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Councilman Mullen indicated he was supportive of the City Attorney working
with people drafting the initiative.
Mayor Kanel stated that one of his concerns is that he would not want to see
all that work and effort put into gathering thousands of signatures and then
find out the wording was not correct on the petition and somebody did not
check all the codes and then have it attacked in court and thrown out.
Mayor Kanel asked if anyone wished to speak.
Roger Geyer, 4433 Via Majorca stated that the Council is asking them to do a
lot of work and they are willing to do it even though they believe it is
unnecessary. He added that no one has explained the potential litigation
situation to his satisfaction and indicated they have hired a lawyer and will
have him work with Mr. Patterson.
Mayor Kanel questioned whether there was time to put the issue on the November
ballot.
Mr. Geyer stated that although it was their intent to be on the November
ballot he was not going to pay extra to get it done and if it is not possible
then they will have to do it on another ballot or a special election.
It was moved by Councilman Mullen and seconded by Councilman Davis to
authorize the City Attorney to meet with the members of the concerned citizens
group and review and advise with respect to the proposed initiative. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney stated he would meet with the group tomorrow afternoon.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE NO. 86-5. REGULATION OF RETIREMENT HOTELS. Mayor Kanel opened the
hearing. Mr. Barrett called on the Planning Director for a summarization of
this item. The Planning Director recommended a task force be formed to study
Lincoln Avenue, and that an Amendment to the Zoning Ordinance for Retirement
Hotels should be withdrawn until a more comprehensive study is completed by
the proposed task force.
Mayor Kanel asked if anyone wished to speak in support or in opposition. No
one wished to speak.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close
the public hearing and approve the Staff recommendation. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONINUATION OF CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO.
86-3 AND ZONE CHANGE NO. 86-3. 6242 LINCOLN AVENUE:
a. A Resolution of the City Council of the City of Cypress
Approving/Denying General Plan Amendment No. 86-3.
b. An Ordinance of the City Council of the City of Cypress amending
Ordinance No. 640, the Zoning Ordinance of the City of Cypress, By
Placing Certain Parcels of Land in the RM-20A Zone, Known as Zone Change
No. 86-3.
Mayor Kanel opened the discussion. Mr. Barrett called on the Planning
Director to summarize the staff report. The Planning Director reported that
this item had been continued from the January 26, 1987 meeting while staff
commenced its study of Lincoln Avenue. The applicant has requested the
subject property be rezoned from CH Commercial Heavy to RM-20 Residential
Multi-Family due to the lot size and shape being unsuitable for commercial
development. The Planning Director further stated that with the task force
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City Council Minutes May 26, 1987
now forming. there was concern that if a Zoning Ordinance Amendment and Plan
Amendment were approved that it (1) would set a precedent and (2) preempt an
alternative for Lincoln Avenue since the task force has not had an opportunity
to meet and review alternatives for Lincoln Avenue. Staff is recommending a
denial without prejudice of General Plan Amendment No. 86-3 and Zone Change
No. 86-3.
Mayor Kanel asked it anyone wished to speak in support or in opposition.
George Wilford. 408 S. Beach. Anaheim. representing the Fairchilds who are the
sellers of the parcel. stated that the Fairchilds started this rezoning issue
in September 1986 and as long-time residents of Cypress who have reached
retirement deserve a favorable response. He also stated that the two problems
that face Cypress are the number of small strip centers on Lincoln. and
surrounding areas that have vacancies. Mr. Wilford indicated that what they
are asking is that the Council review this 48 condominium project and not
delay it for a task force.
Riz Kalla. 4000 MacArthur Boulevard. No. 680. Newport Beach. read excerpts
from the staff report and then volunteered to provide a consultant to assist
the City in the study. Mr. Kalla wanted to know the reason for the
recommended denial.
Mayor Kanel stated that if Mr. Kalla wanted to withdraw the application
temporarily he could do so without prejudice but that he felt there were too
many requests to start building apartments on Lincoln.
Mr. Kalla stated that another task force would be acceptable. However, he
wanted a specific date that task force report would be completed.
Councilman Davis suggested giving a reasonable estimated date, but not a
specific date noting that the proposed General Plan Amendment and Zone Change
is a big departure from the Master Plan and he has a lot of major concerns
with such a change.
The Planning Director recommended at least six months for a new project date,
indicating staff wants to make sure that whatever the resolution is to be,
that it will be accepted by the majority of property owners on Lincoln Avenue.
Mr. Kalla stated he would go along with denial without prejudice but prefers
to continue the item rather than a withdrawal.
Mr. Magdy Hanna. 4000 MacArthur Boulevard, Newport Beach, stated his company
usually builds 45 units to the acre. In this case. they are proposing a much
lower density than they usually do. He is willing to continue the matter for
a period of six months, but he feels they need a definitive date.
Ms. Loretta Bowen. Broker, for the buyers, asked if the City has received any
negative comments about building the apartments. The Planning Director stated
she didn't recall any comments.
Ms. Bowen stated there has been a demand from people coming into Orange County
that need places to rent and they would appreciate the Council"s considera-
tion.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
accept staff"s recommendation of denial without prejudice and a waiver of
fees. adopting the resolution by title only, title as follows:
RESOLUTION NO. 3247
A RESOLUTION QF. THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING GENERAL
PLAN AMENDMENT NO. 86-3.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilman Coronado stated that on the portion of Lincoln Avenue that
traverses the City of Cypress, there are developments that have taken place on
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an individual one-by-one basis, which have accelerated the problems on Lincoln
Avenue and the City must develop a new Master Plan on Lincoln Avenue that we
can all be proud of.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT NO. 87-2. CONSTRUCTION OF SWIMMING POOL AT A MOTEL. 5311 LINCOLN
AVENUE.. Mayor Kanel opened the hearing on this item. Councilman Mullen
moved and Councilwoman Arnold seconded the motion to continue. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONTINUATION OF AN URGENCY ORDINANCE
ENACTING A ZONING MORATORIUM ON HOTELS/MOTELS IN THE CH-IO,OOO COMMERCIAL
HEAVY ZONE BY EXTENDING THE TERM FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS.
a. An Ordinance of the City Council of the City of Cypress
Amending Ordinance No. 773 Enacting a Zoning Moratorium
on Hotels/Motels in tthe CH-I0,000 Commercial Heavy Zone
By Extending the Term for a Period of Ten Months and
Fifteen Days.
The Mayor opened the hearing and asked the staff for the report on this item.
The Planning Director stated this item has been reviewed in two previous
reports on the hotel/motel zoning moratorium and staff recommends a 10 month
15 day extension as discussed at the last meeting, although this does not mean
it will be necessary to maintain the moratorium for the full 10 months.
Mayor Kanel asked if anyone wished to speak in support or in opposition. No
one wished to speak.
The City Attorney stated he would like to have the Council incorporate by
reference the Ordinance previously adopted, which makes a finding in Section 3
that there is a current and immediate threat to the public health, safety or
welfare and that approval of additional subdivision zoning, land use permits,
variances, building permits or any other applicable entitlement for use, which
is required in the CH-I0,000 zone in the City would result in a threat to
public health, safety or welfare and a reasonable time is needed for the City
to study appropriate zoning classifications and regulations for hotel/motel
uses. This would be accomplished by adding a Section 2 incorporating, by
reference, Sections 1, 2 and 3 of Ordinance No. 773.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing and approve the Ordinance under consideration having to do
with the moratorium and including Section 2, which incorporates by reference
Sections 1, 2 and 3 of Ordinance No. 773 as recommended by the City Attorney.
ORDINANCE NO. 776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 773 ENACTING A ZONING MORATORIUM ON HOTELS/MOTELS IN THE
CH-I0,OOO COMMERCIAL HEAVY ZONE BY EXTENDING THE TERM FOR A PERIOD OF
TEN MONTHS AND FIFTEEN DAYS.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF FINANCING PUBLIC IMPROVEMENTS WITHIN THE
CYPRESS BUSINESS PARK. Mayor Kanel opened the discussion. The Public Works
Director to summarized the staff report indicating that the numerous meetings
between the City and property owners, developers and tenants had resolved many
of the concerns expressed regarding the public improvements, the assumptions
used for equitable application of the fees and the actual fee level necessary.
Mayor Kanel questioned if the race track property were included in the fee
structure and the Public Works Director indicated that their recommendation is
to assume that the area would be contributing as a business park-type use;
however, this would not predispose it to being that.
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Noting recent actions that were taken at the study session on April 6, the
staff presented the final costs in Exhibit A, totaling $5,129,000 in public
improvements that would be funded by the 44~ per square foot fee structure.
After further discussion, &taff reported it had re-evaluated what the actual
build out of the business park is expected to be at the ultimate market
conditions resulting in 11,678,553 total square feet. This methodology
includes putting back in retail, commercial and hotel uses.
Staff also reported that it had just come to their attention that there are
some minor concerns that Mr. Chrystie, from Overton, Moore & Associates, would
like to discuss further with the staff and it was felt those could be better
worked out at staff level rather than at the Council meeting.
Staff's recommendation was to continue this item to June 22 in order to work
out those details,
Councilman Coronado asked how does the 44~ per square foot fee compare with
other land development benefit areas elsewhere in the Orange/L.A. County area.
The Public Works Director stated that there are some benefit areas established
in L.A. County that are $2.00/square foot.
Councilman Davis asked if the $2.00/square foot was in some type of
redevelopment area and was advised that it was a specific plan. He also asked
if this 44~ figure would have been more if we had been doing this on Lincoln
Avenue, for example, because we have existing concrete and infrastructure.
The Public Works Director stated that this improvement program goes beyond
what would normally be required of development for normal infrastructure
although the fee might be more equitable if you could start on bare ground.
Councilwoman Arnold asked if it was possible to send the report out earlier
since it has such an impact on so many people.
Mr. Barrett stated that it hasn't been the past practice to send out separate
Council meeting reports prior to delivery of the Agenda, noting that if a
report is significant enough to require considerable study, at the first
meeting the Council receives the report and initial public input and then
generally continues the item for further review and analysis.
Mr. Barrett suggested that the staff could come back to Council at a future
meeting with a report on how the short review time concerns could be
addressed.
Mayor Kanel requested that Mr. Barrett discuss this with Mr. Essex and attempt
to come up with something that will improve the timeliness of distribution of
the significant reports with a staff report addressing these needs to be on
the next Agenda. Councilman Mullen stated he would prefer to continue the
item until the following meeting if more time is needed. Councilman Coronado
stated he did not mind the business people most affected by these reports
receiving them prior to the City Council so they may digest them properly.
Mayor Kanel called on Mr. Chrystie to come forward.
Mr. Steve Chrystie, 244 Loring Avenue, Los Angeles 90024, indicated he
received the report toward the end of last week. He stated that while he
would have like to have the papers earlier, he understood the delays. Mr.
Chrystie also stated that there are certain things that are of concern but in
fairness they should sit down with City Staff to work these things out.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
continue this item to June 22. The motion carried unanimously by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT TO PROVIDE FOR A CITY FACILITIES TELEPHONE
SYSTEM. Mayor Kanel opened the discussion and Councilman Coronado asked for
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City Council Minutes May 26, 1987
guidance on the telephone matrix chart. After clarification by staff and the
Pacific B,ell Representative. it was moved by Counci lman Coronado and seconded
by Councilman Mullen that: (1) Pacific Bell provide for a city facilities
telephone system in the amount of $2.777.51 per month; and. (2) Nationwide
Business Telephones provide the city facilities telephone system instruments
at a cost of $44.242.00. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Arnold. Coronado. Davis. Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF COMMUNICATION FROM THE CYPRESS HIGH SCHOOL BUSINESS
DEPARTMENT REQUESTING FINANCIAL ASSISTANCE TO PURCHASE A DESKTOP PUBLISHING
SYSTEM. Mayor Kanel opened the discussion and asked if anyone wished to speak
on this item.
Ms. Linda Simpson. 875 Quivera. Laguna Beach. stated that by donating this
money directly to the Business Department they can get matching funds of
$2.000 from the Vocational Education Administration for a desktop publishing
system. which allows you to make a published book. It would be used for
teaching students. and used by the PTA. academic booster. English Department.
and Math Department.
Councilman Davis stated he did not see any effort put forth by students to
generate capital to purchase this system and asked if anyone pursued obtaining
any private funds.
Mayor Kanel stated that perhaps this request is something we could look at in
the budget session on June 1. All Councilmembers agreed to continue this item
to the budget workshop on June 1.
CONTINUATION OF CONSIDERATION OF DISCUSSION ON WRITTEN BID PROCEDURES. Mayor
Kanel opened the discussion.
Councilman Davis stated the issue he had raised was on sole bids and he would
like to see, within the confines of legality. a method created in which it is
possible to identify if a sole bid has been received and then not open it and
either offer to return it or incorporate that particular bid with any bids
that come in after a rebidding. Councilman Davis requested staff to consider
marking the bid envelopes with a "no bid" or a "bid" check-off box in order to
know whether to open the bids.
The Finance Director stated that the interest card idea outlined in the report
was to be used when the bid is received by the vendors in hopes they would
respond back to the City prior to the bid closure date indicating whether they
were interested in it, may bid or no interest.
Councilman Davis asked if it was possible for us to have a section of the bid
envelope that states "Bid Enclosed" or "No Bid" and spaces for check marks.
City Attorney stated that unless you open the one bid you never know. even if
it is a sole bid. whether it is a reasonably priced bid. Once you open the
bid, it would be public. He recommended that bids be opened and if it's a
good sole bid. with staff recommendation. the Council should consider
accepting it and if it's not a good bid. just rebid. The City Attorney also
noted that if the City kept the bid unopened. it would never know if the
rebidding of sole bids was producing better/lower bids unless the sole bidder
let his original bid ride.
Mayor Kanel stated that the current system works and its understandable.
noting that perhaps a few modifications are needed, but that it doesn't need a
lot of changes.
Councilwoman Arnold stated that she was uncomfortable approving a large bid
from a sole bidder and asked if one bid could be held and the amount not
announced and then resubmitted in a second request for bid.
The City Attorney stated it could be done but once it is no longer a sealed
bid, there is no way to know if the bid information somehow got out.
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Councilman Davis asked if we determine there is only one bid before envelopes
are opened, can that bid be returned and inform the bidder they were the only
bidder and the City is going to rebid.
Mayor Kanel also asked if such a policy could be adopted without creating a
liability.
The City Attorney stated it could be done; however, it would require a
revision to the Ordinance changing Council policy and noted it may be an
unwarranted delay or increase the cost of the bid item if it happened to be a
good bid.
Staff reported that in 1985-86, there were only four single bids and that this
year, there were also four out of approximately fifty advertised bids.
Councilman Davis stated he wanted to discuss this portion of the issue further
with staff and requested the sole bid issue be continued and be brought back
at a future meeting.
The certified mail issue was discussed and Councilman Arnold stated that the
idea of putting a card in the bid is excellent and recommended this
automatically be done, but it does not prove that the bid has been received.
She noted that with certified mail at least there is a receipt confirming
delivery and the expenditure of $600 per year to protect the City's integrity,
is extremely important.
The City Attorney suggested another approach could be an affidavit from the
City Clerk indicating that the following persons have been sent bids as
opposed to certified mail.
Councilman Mullen stated he agreed that $600 would be a small expense but that
he was not sure that there is a question of integrity of the City involved and
that the purpose of considering a change to the procedures should be to assure
that each of the people on the bid list actually gets the bid mail.
After further discussion, Councilwoman Arnold moved and Councilman Coronado
seconded that all future bids be sent by certified mail with the return
receipts kept in the original bid file. This motion was not voted upon.
Mayor Kanel moved a substitute to the motion, which was seconded by Councilman
Mullen to continue the issue until the City Manager returns.
After further discussion, all agreed that the interest card was a good idea
and a trial run was requested,
Councilman Davis suggested that consideration be given to a policy wherein
anything over an arbitrary dollar amount would be sent certified mail and
below that dollar amount, use the City Attorney's suggestion of a
certification by two people that bids did go out.
Staff was directed to address the points Councilman Davis raised when it
reports back to Council.
The substitute motion was carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Mullen & Kanel
NOES: 2 COUNCILMEMBERS: Arnold and Coronado
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AMENDMENT TO DESIGN REVIEW COMMITTEE NO, 85-41. RETAIN
MONUMENT SIGN FOR ANDY'S PLACE RESTAURANT. 4450 LINCOLN AVENUE: Mayor Kanel
opened the discussion. The Planning Director reported that the sign was
approved for Naugles with the understanding that if they went out of business,
they would take the sign down. Naugles did not take the sign down. Staff's
recommendation is that City Council allow the sign to remain on a temporary
basis for a maximum of six months.
It was also noted that the Naugles bond has not been released and will not be
until the sign is taken down.
It was moved by Councilman Coronado and seconded by Councilman Mullen to
accept staff's recommendation. The motion unanimously carried by the
following roll call vote:
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AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RECOMMENDATION REGARDING THE LAND USE AND DEVELOPMENT OF
PROPERTIES ALONG THE LINCOLN AVENUE CORRIDOR: Mayor Kanel opened the
discussion. Councilman Coronado suggested that this goes along with the other
action involving study on Lincoln Avenue.
It was moved by Councilman Coronado and seconded by Davis to accept staff
recommendation that the City Council direct the Administrative Coordinating
Team to return to Council with a detailed participation plan for the formation
of the proposed Lincoln Avenue task force. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES; 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
WRITTEN AND ORAL COMMUNICATIONS:
Councilman Davis stated there was unsightly signing on the corner of Ball and
Walker with banners staked out all around the perimeter~of the new Wonder
Bread store. He also noted signs were laying in the landscaped area, which
has gone to weeds.
Staff reported that it contacted the center previously on the signage problem.
Staff asked for clarification from Council whether to come back to them or
just proceed with enforcement, which includes taking court action.
Councilman Davis indicated that the staff should inform the center they will
be bringing this item back to Council next meeting and if there is no
corrective action between now and that time, he would recommend the Council
take action.
Staff requested this be scheduled for the June 22 Council meeting in order to
comply with code notification requirements.
ADJOURNMENT: Mayor Kanel adjourned the meeting at 10:25 p.m. to Monday, June
I, at 6:30 p.m. for a budget workshop in the Administrative Conference Room.
ATTEST:
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CITY CLERK OF THE C IT V'" OF CYPRESS
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