Minutes 87-06-08
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
June 8, 1987
The regular meeting of the Cypress City Council was called to order at 5:34
p.m. on Monday, June 8, 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 were City Manager/City Clerk Darrell Essex. City Attorney Jerry
Patterson, and staff members Barrett, Beardsley, Eynon. Hurst, Leonard and
Lowenberg.
CONTINUATION OF CONSIDERATION OF BUDGET WORKSHOP.
Mayor Kanel asked Council if there were any additional parts of the budget
that required discussion. The City Council discussed the proposed personnel
increases and were advised by the City Manager that these positions were
reviewed with each department and were determined to be needed to maintain
current service levels. The City Manager further advised that the budget was
in balance and sufficient funds were available to provide for the increased
personnel.
The City Manager advised that both the City budget and Recreation and Park
budget will be on the Agenda of the June 22, 1987 meeting.
Mayor Kanel recognized Edward K. Southfield. a member of the Board of the
Cypress Elementary School District, who referenced an article in the Register
on the consideration of a No Smoking Ordinance. Mr. Southfield identified
himself as a smoker who does not smoke in public meetings or special functions
and he wanted to state for the record that he is in favor of the proposed no
smoking ordinance.
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF EMERGENCY VEHICLE
PRE-EMPT SYSTEM AT THE INTERSECTION OF KATELLA AVENUE AND KNOTT STREET.
CITY OF CYPRESS PROJECT NO. 8763-50. Staff recommended the bid be denied and
readvertised. The current maintenance contractor did not submit a bid and
staff indicated they would attempt to determine the reason.
CONSIDERATION OF AWARD OF CONTRACT FOR MATERIALS TESTING AND INSPECTION FOR
STREET MAINTENANCE SERVICES - SLURRY SEAL OF VARIOUS STREETS IN THE CITY OF
CYPRESS. PROJECT NO. 8759-90. In response to a question by Councilman Davis,
the staff indicated that sufficient funds are available in the budget for
completion of this project.
It was moved by Councilman Mullen and seconded by Councilman Davis to
authorize the retention of W.R.G. Co., Inc., P.O. Box 892, La Habra,
California 90621 to perform professional materials testing and control
services as outlined in this report, on a time and materials basis, not to
exceed $8,000. 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 AWARD OF CONTRACT FOR MAINTENANCE SERVICES - SLURRY SEAL OF
VARIOUS STREETS IN THE CITY OF CYPRESS, PROJECT NO. 8759-90. The Public Works
Director stated that this was the City's annual street maintenance contract
for slurry sealing. Staff recommended Council approval of the lowest bidder.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
determine the lowest responsible bidder for Project No. 8759-90 to be Pavement
Coating Company and award a contract for the slurry seal coating of various
streets listed in Exhibit "A" to Pavement Coating Company, P.O. Box 2777,
Anaheim, CA 92804, in the amount of $59,525.75. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
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NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Kanel recessed the meeting at 5:59 p.m. in order for the
Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 6:02 p.m.
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.
Councilman Davis requested that Item #26. Consideration of Amendment to the
Cypress School Lease Agreement, be removed from the Consent Calendar.
Mr. Essex stated that these remaining Cypress School classrooms were offered
to the City at no cost by the Cypress School District.
Councilman Davis stated his concerns were about the expenses. liability.
exposures, and other responsibilities that would be incurred. Councilman
Coronado was concerned about the possibility of tenants using electric heaters
and the resulting fire danger.
Bill Calton. Superintendent of the Cypress School District, stated the main
reason the School District had proposed this item was because of a request
from Tanglewood Pre-school to use these classrooms for their program. and the
School District felt it would be more convenient for the City to lease these
rooms than it would be for the District. The City Manager indicated that he
has been advised that the Tanglewood Pre-school is no longer interested in
these classrooms due to the needed improvements.
Councilman Davis suggested Item #26 be continued to the next meeting, at which
time he wanted to address the acquisition of the remaining part of Cypress
School. Hearing no objection, Mayor Kanel deferred the item to the next
meeting.
Items #17, 20. 23 and 24 were removed from the Consent Calendar.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
Consent Calendar Items #12 through 26 with the exception of Items #17. 20. 23,
24 and 26. The motion unanimously carried by the following vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #12: Motion to Approve City Council Minutes of the Regular Meeting of
May 26, 1987.
Recommendation: That the City Council approve the Minutes of May 26, 1987. as
submitted.
Item #13: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #14: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Eddie C. Munoz, Rachel O. Munoz and Richard O. Munoz, D.B.A.
Andy's Liquor, 6271 Ball Road, Cypress.
Recommendation: Receive and file.
Item #15: Consideration of Monthly Investment Report for the Month of April
1987.
Recommendation: Receive and file.
Item #16: Consideration of Proclaiming June 24 -26. 1987, as "Cypress Rotary
Club Days" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim June 24 -
26, 1987, as "Cypress Rotary Club Days" in the City of Cypress, in recognition
of the Club's 10th Anniversary.
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Item #18: Consideration of Acceptance of Abatement of Seasonal and Recurring
Weeds and Assessment for Weed and Rubbish Abatement for Phase II of the 1986-
87 Program.
Recommendation: That the City Council: 1) Approve a contract change with
Edwin Webber. Inc.. of Huntington Beach. CA. from the original award of
$6.330.00 to the final cost of $7,400.44, based on actual area abated; 2)
Accept the work of weed and rubbish abatement as being satisfactorily
completed in accordance with the specifications for the work; and 3) Adopt a
Resolution by title only, title as follows. confirming weed abatement
assessments and imposing special assessments as a lien on the parcels shown on
Exhibit "A" of said Resolution.
RESOLUTION NO. 3248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE. DIRT AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN
THE CITY OF CYPRESS.
Item #19: Consideration of Recommendations of Traffic Commission Meeting of
May 19, 1987.
Recommendation: Receive and file.
Item #21: Consideration of Annual Requalification of Participating Cities in
the County of Orange Arterial Highway Financing Program (AHFP).
Recommendation: That the City Council adopt a Resolution by title only, title
as follows, informing the AHFP Advisory Committee that the Circulation Element
of the Cypress General Plan conforms to the County Master Plan of Arterial
Highways.
RESOLUTION 3249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE
ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT
THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMS TO THE
COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS.
Item #22: Consideration of Promotional Employment List - Maintenance Worker
II.
Recommendation: That the City Council certify the Promotional Employment List
for the position of Maintenance Worker II as submitted.
Item #25: Consideration of Amendment to Agreement With the City of Garden
Grove for Nutrition Services.
Recommendation: That the City Council approve the Amendment to Agreement
dated March 28, 1977 between the City of Cypress and the City of Garden Grove
to provide nutrition services for the period of July 1, 1987 through June 30,
1988. and authorize the Mayor to sign and the City Clerk to attest the
Amendment.
Regarding the Employment List for Maintenance Worker I, the staff explained
the method used to establish the list. It was moved by Councilman Coronado
and seconded by Councilman Mullen that City Council certify the Employment
List for the position of Maintenance Worker I as submitted. The motion
unanimously carried in the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding the Renovation of the Civic Center Public Restrooms, City of Cypress
Project No. 8628-90, the staff explained that the changes from the bid price
resulted from items which were not included in the specifications. It was
moved by Councilman Davis and seconded by Councilman Mullen that the City
Council: 1) Approve a contract change to Tucker Construction Company from
$13,777.00 to $14,990.93; and 2) Accept the Civic Center Public Restroom
Renovation, Project No. 8628-90, as being satisfactorily completed in
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accordance with the Plans and Specifications. 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
Regarding the Extension of Tentative Tract Map No. 12385 and Conditional Use
Permit No. 85-7 (10-Unit Condominium Project. 5462 De Long Street),
Councilmembers Arnold and Davis wished to abstain as they were not on the
Council when the original use permit was approved. It was moved by Councilman
Mullen and seconded by Mayor Kanel that the City Council approve a one-year
extension of Tentative Tract Map No. 12385 and Conditional Use Permit No. 85-7
to expire on June 10. 1988. The motion carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: Coronado, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSTAINED: 2 COUNCILMEMBERS: Arnold and Davis
Regarding the Friends of Darrell Essex Committee's Funding Request, the City
Manager requested that this item be removed from the Agenda. It was moved by
Councilman Mullen and seconded by Mayor Kanel to honor Darrell Essex request
and remove this item from the Agenda. Hearing no objection, the Mayor removed
the item from the Agenda.
Mayor Kanel stated for the record that the authorization for the monies for a
special event such as this item and for the many years of service has his full
support.
EXECUTIVE SESSION: Mayor Kanel called an Executive Session at 6:50 p.m. to
discuss the following personnel matters:
Item #33 Continuation of Consideration of Employer/Employee
Negotiations.
THE MEETING WAS CALLED BACK TO ORDER AT 7:37 P.M. WITH ALL COUNCIL MEMBERS
PRESENT AND WITH THE FOLLOWING STAFF MEMBERS: Barrett, Beardsley, DeCarlo,
Eynon. Hurst. Leonard and Lowenberg.
Mayor Kanel asked the City Manager to recap those items that were discussed
during the earlier portion of the Council meeting.
PLEDGE OF ALLEGIANCE: Mayor Kanel led the pledge to the flag.
PRESENTATION: Mayor Kanel presented an Award of Financial Report Achievement
to Lawrence D. Hurst, Finance Director, which was awarded to him by the
Government Finance Officers Association of the United States and Canada and
thanked Mr. Hurst for all his efforts and dedication. Mr. Hurst accepted the
award on behalf of his staff and thanked the Council and GFOA.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak.
Gail Kerry. 5196 Edgemont Circle. Cypress, stated she wished to address four
concerns, which are: (1) the pay increases for top management level City
employees. (2) request for approval to hire 7.5 more employees. (3) golf
course/race track property, and (4) the sale of the Cypress Elementary School
property and the lack of a competitive bid process in selecting the developer
for the Senior Housing Project. Councilman Mullen suggested these items be
put on the agenda for next meeting and each Councilmember could respond.
Several members of the Council responded to some of the concerns. Ms. Kerry
asked for a copy of the salary survey that was conducted in conjunction with
the pay increases for top City management. Mayor Kanel noted that this survey
is a matter of public record and would be provided to her.
Roger Geyer, 4433, Via Majorca. Cypress, stated that he was opposed to single
bids as submitted on the Senior Housing Development Project and would have
liked to have seen three bids. He stated he felt the salary increases were
not out of line but questioned whether those increases were granted with a
deficit budget or whether there were sufficient funds. It was clarified for
Mr. Geyer that even with the increases, a surplus in the general fund was
anticipated.
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Mr. Essex and the Planning Director explained that HUD only approves grants on
affordable senior housing projects to certain qualified, non-profit national
development firms. It was further explained the Council and Staff looked at
all possible alternatives for developing Senior housing and it was determined
that HUD projects provide the most affordable rents. National Church
Residences, the developer in question, was successful in national competition
for this grant and the Cypress Senior Housing project has the commitment from
HUD.
Felix Lopez, 5661 Orange Avenue, Cypress, stated he had a concern about the
money that was owed to the City by one of the past members of the City Council
and wanted to know what had happened to the request for repayment. He also
had a concern about the street sweeper neglecting a portion of Orange Avenue
and made a reference to the article "The Key to a City...is its Budget" in the
recent Cypress City Newsletter.
After further discussion, Councilman Davis requested the former Councilman's
salary repayment matter be put on the next Agenda for Executive Session to
determine whether it is feasible to pursue the matter. For the record,
Councilman Coronado stated he feels Mr. Lacayo is legitimately indebted to the
City and the money should be returned to the City. The City Attorney
responded he will prepare a report on this matter and Mayor Kanel stated this
item would be on the Agenda for the next meeting.
Jerry Austin, 4312 Pearl Court, Cypress, passed out several copies of articles
from some local newspapers on Smoking/No Smoking issues.
Mayor Kanel suggested Mr. Austin hold his comments until this item comes up on
the Agenda.
Angela Puglia, 10272 Kristen Street, Cypress, stated she was invited by the
Planning Department to hear her application at this Council meeting and asked
that it be put ahead. ~.
Duke Decoda, Duke and Duchess, stated that he went to the Planning Department
with building plans and was told there is a moratorium. Mayor Kanel suggested
Mr. Decoda hold his comments until this item comes up on the Agenda.
RECESS: Mayor Kanel called a recess at 9:51 p.m. At 9:55 p.m., the meeting
reconvened.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 87-4 AND
DESIGN REVIEW COMMITTEE 87-14, DENTAL OFFICE/RETAIL BUILDING, 9032 WALKER
STREET. Mayor Kanel opened the public hearing. The Planning Director
summarized the staff reports dated April 29 and June 2, as this item was
continued to allow a review by the Traffic Commission. At this point, the
Traffic Commission has concurred with the Planning Staff's recommendation.
Staff responded to several inquiries from Council as to the various traffic
conditions that might be incurred at this location.
The Mayor asked if anyone wished to speak in support of the application.
Patrick Chu, Lee & Chu Associates. 13523 Francisquito. Baldwin Park, stated
the project was difficult due to the size of the proeprty. The applicant has
dedicated five feet along the north side of the lot to improve the alley and
has planned for the required seven parking spaces. Mr. Chu feels the proposed
office/retail building will be an improvement to that location and that they
should not be penalized for the brake shop parking problem.
The Mayor asked if anyone wished to speak in opposition of the application.
Peggy Cannata, 5331 DeLong Street. Cypress, representing her son, Barry
Cannata, 5541 Camp Street, Cypress. stated that of the seven parking spaces,
four will probably be used by the owners and employees in the building and
that leaves three parking spaces for customers. She felt that patrons will be
parking on Bishop, which is already a problem because of the lack of parking
for the brake shop.
In response to inquiries from Council, the Planning Director stated that the
number of parking spaces for this building do meet City code and presented
several slides of the existing alley and proposed building site.
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Dr. So. 9907 Walker street. Cypress, stated that the alley behind the site
belongs to the owner of the next building and is private property. Dr. So.
the applicant. agreed to continue until the design review study is completed.
After further discussion. it was moved by Councilman Coronado and seconded by
Councilwoman Arnold to continue the public hearing on Variance No. 87-04 and
Design Review Committee 87-14. Dental Office/Retail Building, 9032 Walker to
August 10. 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 PUBLIC HEARING RE: VARIANCE NO. 87-5 AND DESIGN REVIEW
COMMITTEE 87-22, RECONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT 10272 KRISTEN
STREET. Mayor Kanel opened the public hearing and the Planning Director
summarized the report dated May 29, 1987 requesting a variance to reduce the
building side yard and increase the allowable building site coverage. The
project is exempt from the requirements of the California Environmental
Qua 1 ity Act. Staff recommended approval.
Mayor Kanel asked if anyone wished to speak in support or opposition to the
application. No one wished to speak.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close
the public hearing and adopt the Resolution by title, only, title as follows.
approving Variance 87-5 and Design Review Committee 87-2, making the
appropriate findings as suggested by Staff and subject to the five attached
cond it ions.
RESOLUTION NO. 3250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
VARIANCE NO. 87-5 - WITH CONDITIONS.
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
Mr. and Mrs. Puglia, 10272 Kristen Street, Cypress, expressed their thanks to
the Council for their prompt action.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE; AMENDMENT TO CONDITIONAL
USE PERMIT NO. 87-2. CONSTRUCTION OF A SWIMMING POOL AT A MOTEL, 5311 LINCOLN
AVENUE. Mayor Kanel opened the public hearing. The Planning Director
summarized staff report dated May 29, 1987. The applicant was requested to
provide plans that illustrated the swimming pool, the building overhang, a
perspective view of the pool area and any rating information from the AAA. It
was reported that the AAA will not give a two star rating if the project does
not have a swimming pool nor will they give a rating until the facility is
completed.
Councilman Coronado asked if there was any possibility of anyone being able to
jump off any part of the building into the pool. Staff responded that the
pool is not located where someone could jump into the pool from overhead.
Malchon Kao. 1912 Via del Rey, South Pasadena, stated he has complied with the
various requests and has attempted to obtain a two star rating and provide a
higher class motel. Mr. Kao stated that the AAA has suggested that they would
probably get a two-three star rating on the motel based on design alone and he
cited the effort, cost and time put into upgrading the motel to provide the
City with a higher class facility. Mr. Kao also stated that there is a six
foot railing around the pool.
After further discussion, Councilman Mullen stated he was not in favor of the
current configuration and suggested either removing four units at the end of
the building to increase the sunny area at the pool with the proper safety
features, or removing the condition of a two star rating and revert to the no
pool, but with an exercise room. Councilman Coronado and Councilwoman Arnold
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were also not in favor of the current proposed building plans for the motel
due to the placement of the pool.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
the public hearing for one month. to July 13. to allow the applicant to submit
redesigned plans, exposing the pool to more sunlight. Mr. Kao agreed to the
continuation. 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: CONDITIONAL USE PERMIT NO. 87-10, CAR
WASH AND SERVICE STATION, 4001 BALL ROAD. Mayor Kanel opened the public
hearing. The Planning Director summarized the staff report dated June 2, 1987
noting that this is a re-application for a previously approved conditional use
permit in which three automotive service bays would be replaced by a drive-
through car wash. storage room, a combination vending machine/storage room and
an enclosed cashier area. The gasoline pump islands would remain but on a
self-service basis. Four new parking spaces, access ramp and planter
landscaping will be provided. A variance is being requested for the planter
sizes and the number of parking stalls. Staff recommended approval of
Conditional Use Permit No. 87-10 subject to the conditions attached in Exhibit
"A. II
Councilwoman Arnold asked about any possible ingress/egress problems with the
Alpha Beta traffic, as well as any foreseeable drainage problems from the
self-service car wash or any concerns from neighbors.
Staff responded that public notices have been mailed to the property owners
and no communications were received and waste water would run off into the
sewer system.
Mayor Kanel asked if anyone.wished to speak in support of the application. 'i!~
Mr. Bernie Smith. Real Estate Representative for Shell Oil Company, 511 N.
Brookhurst Street, Anaheim. stated that he was here and received approval in
October 1985 for the same proposal; however, failed to obtain funding from
Shell Oil Company at that time to build this improvement but they are here now
to do so.
Mr. Ken Van Gorden, architect representing Shell Oil Company, 2750 S. Harbor
Blvd., Santa Ana, responded to the concerns voiced regarding waste water,
stating there is a drain in the middle of the car wash that empties into the
sewer system and has nothing to do with surface drainage. He also noted there
is a swale across the entry way between Shell and Alpha Beta with a catch
basin.
Ms. Carla Guglielmino, Territory Manager for Shell Oil Company, 511 N.
Brookhurst Street, Anaheim, stated that the intention is to upgrade the
existing facility. improve the image with the addition of the car wash and
landscaping. The car wash will be in operation 24 hours, seven days a week.
Carlo, owner of the Shell facility, stated that if the proposed hours of
operation created a concern, he would be willing to consider a change of hours
of operation. Councilman Mullen noted that the Council had an on-going right
to review and change the hours of operation as part of the condition in the
C.U. P.
Mayor Kanel asked is anyone wished to speak in opposition. No one wished to
speak.
It was moved by Councilman Coronado and seconded by Councilman Mullen to close
the public hearing and approve C.U.P. 87-10 subject to the conditions
recommended by staff, adopting the Resolution by title only, title as follows:
RESOLUTION 3251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-10 - WITH CONDITIONS.
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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 PUBLIC HEARING RE: MODIFICATION OF CYPRESS CORPORATE CENTER
LANDSCAPE MAINTENANCE DISTRICT NO.1. BOUNDED ON THE NORTH BY KATELLA AVENUE.
ON THE EAST BY KNOTT STREET, ON THE SOUTH BY THE STANTON CHANNEL, AND ON THE
WEST BY VALLEY VIEW STREET. CITY OF CYPRESS PROJECT NO. 8615-90. Mayor Kanel
opened the public hearing regarding the modification of a landscape
maintenance district for the landscaping and irrigation system on the berm,
north side of Stanton Channel between Valley View and Knott Street. Mayor
Kanel asked if anyone wished to speak in support or opposition. No one wished
to speak.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing and adopt the Resolution by title only, title as follows.
ordering the modification of the Cypress Corporate Center Landscape
Maintenance District No.1.
RESOLUTION NO. 3252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ORDERING THE MODIFICATION OF THE CYPRESS CORPORATE CENTER LANDSCAPE
MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT
OF 1972 AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF.
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 A NO SMOKING ORDINANCE.
Mr. Jerry Austin, 4312 Pearl Court, Cypress, stated he works in Cypress and is
concerned about smoking in the workplace as well as at public gatherings and
in public facilities. Mr. Austin read some excerpts on smoking from various
newspapers. He urged the Council to consider including smoke-free areas such
as. conference rooms, office hallways, etc., in its ordinance.
Mayor Kanel requested the Assistant City Manager read the rough draft form of
the proposed ordinance summarized as follows:
The proposed ordinance prohibits smoking in all enclosed areas in use by the
general public in all businesses and non-profit facilities. Restaurants
setting aside 30% of their dining area as non-smoking would be exempt from the
total ban. Optional ~reas include bars, bingo facilities, race track
facilities. hotel/motel rooms. An employee may designate his own work area as
a non-smoking area and the employer must set aside at least 50% of cafeteria,
lunchroom or lounges for non-smoking. Private facilities and private
functions in enclosed rooms would be exempt.
Mayor Kanel cited the heavy predominance of smoking at the race track area
under the grandstand and at bridge and bingo gatherings and the difficulty of
bringing these facilities/groups under the ordinance.
Mr. Jack Swank, 9849 Via Sonoma. Cypress, felt that the majority of the bingo
players would not participate if they couldn't smoke; the same with poker
players.
The Assistant City Manager stated that the penalty in the draft ordinance is
currently a misdemeanor but it could be replaced with the more common
infraction with penalties in phases of $100 for the first infraction, $200 to
$500 for subsequent infractions.
Mayor Kanel stated that smoking is allowed in bars and this has been upheld in
the higher court.
Ms. Jean Meyers, 616 Birchleaf Drive, Anaheim. is one of the co-owners of the
Buena Park Bridge Club, and contemplating moving to a facility in Cypress.
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She explained that the Buena Park club is open to the public and there are two
separate rooms, one for smoking and one for non-smoking. Ms. Meyers stated
that the club does not want to sign a lease in Cypress and find that there
would be no smoking allowed at all as they feel it would greatly affect the
business.
Mr. Aaron Davidson, Stanton, a stop smoking counselor, stated he was gratified
to see the City adopt a no smoking ordinance and related various statistics
and costs and the effects of smoking on health.
Councilman Mullen suggested the restaurants should have control in determining
the percentage of smoking to non-smoking seats depending on the flow of
business.
Mr. Jerry Austin, 4312 Pearl Court. Cypress, referenced the list of cities
with no smoking ordinances and suggested Cypress take the leadership in
invoking serious. strong non-smoking laws and tougher penalties, including
separate air, if necessary.
After further discussion. a figure of 50S was suggested as the percentage to
be used in restaurants as the minimum space for non-smokers.
Mr. Roger Geyer, 4433 Via Majorca, Cypress. agreed with Councilman Mullen's
statement on allowing the restaurants some sort of flexibility in determining
the percentage of smoking to non-smoking spaces allowable.
Mr. Jack Swank, 9849 Via Sonoma. Cypress, stated some establishments have no
smoking sections and will adjust accordingly if the size of the room will
warrant it. The majority of business will attempt to please their customers
whether they be smokers or non-smokers.
Councilwoman Arnold stated that Council is within two minutes of adjournment
to be in compliance with the City code. No motion was made.
It was moved by Councilman Coronado and seconded by Councilman Mullen to ^'~
continue past 11:30 p.m. Mayor Kanel amended the motion to continue until the
agenda is completed. Councilman Mullen withdrew his second and Councilman
Coronado withdrew the motion.
It was moved by Councilman Mullen and seconded by Mayor Kanel to continue the
Council meeting to midnight. The motion was carried as follows:
AYES: 3 COUNCILMEMBERS: Davis, Mullen & Kanel
NOES: 2 COUNCILMEMBERS: Arnold, Coronado
ABSENT: 0 COUNCILMEMBERS: None
Hearing no objections, Mayor Kanel continued consideration of the No Smoking
Ordinance to the next City Council meeting, June 22 at which time the City
Council agreed to return with their individual written proposed modifications
to the draft ordinance..
CONTINUATION OF CONSIDERATION OF REQUEST FOR A TIME EXTENSION OF CONDITIONAL
USE PERMIT NO. 86-14, TWO ADDITIONAL APARTMENTS. 9372 VALLEY VIEW STREET.
This matter was continued from the May 26, 1987 meeting in order to provide
background information to the new Council members for consideration of the
extension request.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the request for a time extension of C.U.P. 86-14. two additional apartments.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF CONTRACT RENEWAL FOR WEED ABATEMENT FOR FISCAL YEAR 1987/88.
Staff reported a letter had been received from Mr. Webber, the present weed
abatement contractor. who has offered to perform weed abatement work for
Fiscal Year 1987/88 under the same specifications and for the same contract
unit prices as he has charged for the past eight (8) years as outlined in
staff report dated May 29, 1987.
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City Council Minutes June 8. 1987
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the award of contract for weed abatement for the Fiscal Year 1987/88 to Edwin
Webber, Inc., 9472 Rembrandt Drive. Huntington Beach. for the same contract
unit prices as Fiscal Year 1986/87. 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 AWARD FOR THE INSTALLATION OF TIME BASE TRAFFIC SIGNAL
COORDINATORS, CITY OF CYPRESS PROJECT NO. 8762-50. Staff reported bids for
the Installation of Time Base Coordinators, Project 8762-50, were received on
May 28. 1987. The installation and set up of these traffic signal time base
coordinators will provide a signal interconnect system on Lincoln Avenue.
It was moved by Councilman Mullen and seconded by Councilman Davis to retain
the services of Gordon F. Young and Associates, P.O. Box 1804, Corona,
California 91618-1804, for the installation of Time Base Coordinators. per
said firm's proposal in the amount of $7,000.00.
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 AWARD OF CONTRACT FOR THE INSTALLATION OF EMERGENCY VEHICLE
PRE-EMPT SYSTEM AT THE INTERSECTION OF KATELLA AVENUE AND KNOTT STREET, CITY
OF CYPRESS PROJECT NO. 8763-50. Bids for the Installation of an Emergency
Vehicle Pre-empt System at the intersection of Katella Avenue and Knott
Avenue. Project No. 8763-50, were received on May 28. 1987. The installation
of an Emergency Vehicle Pre-empt system was inadvertently omitted at this
intersection when the signal was upgraded in 1986.
It was moved by Councilman Mullen and seconded by Councilman Davis to reject
the bid and rebid Cypress Project No. 8763-50. 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 AWARD OF CONTRACT FOR COMPUTER HARDWARE AND SOFTWARE.
The staff reported that with the introduction of a fully automated office
system, it will be possible to integrate the registration system with the
office system enablin~ networking and eliminating the need for a stand alone
PC system. This system has undergone extensive improvements which have
increased the cost; however, the system will enable all recreational computers
to use the system and is a definite advantage over the two station system.
In answer to Council inquiries, staff responded that an extra work station
and software were obtained, so the contract is somewhat more this year.
Acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District, it was moved by Councilman Mullen and seconded
by Councilman Davis to:
1. Approve a transfer of $1.880.80 from account #4104-12-301.10 to Account
#45490-83-650-35 for the purchase of the hardware.
Authorize the purchase of computer hardware equipment based on the
previously let office automation system contract with Integrated Systems
Group (ISG), 920 East Broadway. Glendale. CA 91205 in the amount of
$17,880.80
2. Authorize staff to contract with Programmed For Success Inc., 20473 E.
Valley Blvd., Walnut, CA 91789 for their copyrighted registration system
and training package as outlined in the report in the amount of
$6,946.60.
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City Council Minutes June 8. 1987
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 COMMUNICATION FROM THE CYPRESS HIGH SCHOOL
BUSINESS DEPARTMENT REQUESTING FINANCIAL ASSISTANCE TO PURCHASE A DESKTOP
PUBLISHING SYSTEM. It was moved by Councilman Mullen and hearing no
objections Mayor Kanel continued this item to the next meeting, June 22.
CONTINUATION OF CONSIDERATION OF DISCUSSION ON WRITTEN BID PROCEDURES. It was
moved by Councilman Mullen and hearing no objections, Mayor Kanel continued
this item to the next meeting. June 22.
CONTINUATION OF CONSIDERATION OF OESIGN CRITERIA FOR SMALL COMMERCIAL
DEVELOPMENTS IN THE CG COMMERCIAL GENERAL AND CN COMMERCIAL NEIGHBORHOOD ZONES
OF THE CITY OF CYPRESS. Mr. Essex stated there has been one meeting with the
Council subcommittee; however. staff is attempting to resolve the problem of
applications that are in process at the present time of the moratorium. It
was also reported that it will take some time to complete the study and it
would be necessary to process applications unless there is a moratorium to
place a hold on these projects.
Councilwoman Arnold stated there are two issues involved, 1) the study that is
needed to set new design criteria, and 2) whether a moratorium or the current
delay policy is required until the study is completed..
The City Attorney recommended a moratorium due to the length of time for a
study (four to five months), and suggested this item be set for public hearing
at the next meeting and the CH zone be included in the moratorium.
After further discussion, the City Attorney stated that he would research and,
if possible, prepare a Permit Exception by Development Agreement, which means
that if there was a developer coming in with a plan in a zone where there was
a moratorium. they would have another avenue which would put them through a
stringent design review on a singular basis via development agreement.
Mr. Essex stated there is a possibility of potential commercial development in
the PC zone and other areas that are combination zones.
Councilman Mullen stated he is not supportive of a moratorium indicating that
development proposals should be approved or rejected on their merits and when
the study is over, if there are amendments to the ordinance, then the standard
can be changed, but business activity shouldn't be stopped.
Councilman Davis stated that there is a need to: 1) stop new developments in
the CG, CN and CH zones with a 45 day moratorium. 2) exclude additions to
existing buildings as there is no interest in including them in the
moratorium. and 3) incorporate duaL zoning areas into the 45 day moratorium.
The City Attorney stated that to accomplish this a public hearing on the CG,
CN and CH zones is needed at the next meeting and the purpose of the hearing
would be to ascertain whether the Council wishes, by a 4/5 vote, to adopt a
moratorium. If this is done at the next meeting he explained, it would be a
45 day moratorium initially, which could be extended.
It was moved by Councilman Davis and seconded by Councilwoman Arnold to
schedule this item for a public hearing for the June 22 meeting to decide on a
moratorium for new commercial developments in the CG, CN and CH zones. The
motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis & Kanel
NOES: 1 COUNCILMEMBERS: Mullen
ABSENT: 0 COUNCILMEMBERS: None
Steve Robbins. 6172 Rosemary Drive, Cypress asked if the Planning Department
was still precluded from approving applications for add-ons to existing
buildings in view of the previous discussions.
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City Council Minutes June 8. 1987
After discussion, it was moved by Councilman Mullen and seconded by Councilman
Davis to r:escind the 60 day applicatlon delay action that was approved at the
May 26 City Council meeting. 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
COUNCILWOMAN ARNOLD LEFT AT THE MEETING AT 12:02 A.M. AND COUNCILMAN CORONADO
LEFT THE MEETING AT 12:04 A.M.
CONTINUATION OF CONSIDERATION OF BUDGET WORKSHOP
Hearing no objection, Mayor Kanel continued this item to 5:30 p.m. June 22.
1987.
IT WAS MOVED BY COUNCILMAN DAVIS AND SECONDED BY COUNCILMAN MULLEN TO EXTEND
THE CITY COUNCIL MEETING TO 12:15 A.M. Hearing no objection. Mayor Kanel
extended the meeting to 12:15 a.m.
CONTINUATION OF CONSIDERATION OF EMPLOYER/EMPLOYEE NEGOTIATIONS. Mayor Kanel
advised this item was discussed in Executive Session; therefore. it was moved
by Councilman Mullen and seconded by Councilman Davis to adopt the resolution
by title only. title as follows, to increase the City Manager's salary by 3S.
effective December 29. 1986.
RESOLUTION NO. 3253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. AMENDING
RESOLUTION NO. 2914, ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED
AS MANAGEMENT PERSONNEL.
The motion was carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Arnold. Coronado
CONSIDERATION OF PUBLIC WORKS CONTRACT CHANGE ORDER ADMINISTRATION POLICY. It
was moved by Councilman Mullen and seconded by Councilman Davis and hearing no
objections, Mayor Kanel continued this item to the next regular meeting.
CONSIDERATION OF EXPIRATION OF TERMS OF RECREATION & COMMUNITY SERVICES
COMMISSIONERS. It was moved by Councilman Mullen and seconded by Councilman
Davis and hearing no objections, Mayor Kanel continued this item to June 22,
1987.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 20762-
20964. It was moved by Councilman Mullen and seconded by Councilman Davis to
approve the commercial warrant list for warrants no. 20762 - 20964 in the
amount of $608,313.20. The motion was carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Arnold, Coronado
ADJOURNMENT: Mayor Kanel adjourned the meeting at 12:15 a.m. to Monday, June
22, at 5:30 p.m.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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