Minutes 87-07-13
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451
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 13, 1987
The regular meeting of the Cypress City Council was called to order at 5:44
p.m. on Monday, July 13. 1987, in the Cypress City Council Chamber, 5275
Orange Avenue, Cypress, California, Mayor John Kanel presiding.
PRESENT: Councilmembers Arnold. Coronado and Kanel
ABSENT: Councilmembers Davis and Mullen
Also present were City Manager/City Clerk Darrell Essex. City Attorney Jerry
Patterson and Assistant City Manager David Barrett.
At 5:46 p.m.. Mayor Kanel adjourned the meeting to Executive Session to
discuss the possibility of potential litigation matters.
The meeting reconvened at 7:10 p.m. with all Councilmembers and staff present
as before.
CONSIDERATION OF AWARD OF CONTRACT FOR CARPETING IN THE TEEN CENTER AND
MEZZANINE-QUOTATION #8687-48 AND REQUEST FOR ADDITIONAL APPROPRIATION. A
Recreation and Parks staff report dated June 26 was presented to Council
stating seven carpet companies were contacted and bids were received from two
representatives.
It was moved by Councilmember Coronado and seconded by Councilmember Arnold
that the City Council, acting as the ex officio governing Board of Directors
of the Cypress Recreation and Park District: 1) Appropriate $2,500.00 from
the unreserved fund of the general fund to account 4187-12-566-24; and 2)
Accept the bid received from Custom Floors, Inc., 13902 Seaboard Circle.
Garden Grove, California 92643 as the lowest responsible bidder and award a
contract in the amount of $12,500.00 to this company for installation of
carpet squares at the Community Center. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Da vis and Mu 11 en
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendation listed on the agenda.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
approve the Consent Calendar. The motion was unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
Item #2: Motion to Approve City Council Minutes of the Regular Meeting of
June 22, 1987 and the Adjourned Regular Meeting of June 23, 1987.
Recommendation: That the City Council approve the Minutes of June 22, 1987
and June 23, 1987 as submitted.
Item #3: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #4: Consideration of Resolutions Commending the Cypress Eliminators,
Cypress Heartbreakers, and the Cypress Pizazz Teams of the American Youth
Soccer Organization.
Recommendation: That the City Council adopt the Resolutions by title only,
titles as follows, commending the Cypress Eliminators, Cypress Heartbreakers,
and the Cypress Pizazz AYSO Teams for winning their Regional and All Stars
Championships.
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RESOLUTION NO. 3259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
CYPRESS ELIMINATORS AS THE 1987 AYSO SECTION 11 DIVISION 4 BOYS REGIONAL
TEAM CHAMPIONS.
RESOLUTION NO. 3260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
CYPRESS HEARTBREAKERS AS THE 1987 AYSO SECTION 11 DIVISION 5 GIRLS ALL
STARS TEAM CHAMPIONS.
RESOLUTION NO. 3261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
CYPRESS PIZAZZ AS THE 1987 AYSO SECTION 11 DIVISION 5 GIRLS REGIONAL
TEAM CHAMPIONS.
Item #5: Consideration of Adoption of Resolution Amending Personnel Rules and
Regulations for Employees of the City of Cypress and the Cypress Recreation
and Park District.
Recommendation: That the City Council, and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, amending the Personnel Rules and
Regulations.
RESOLUTION NO. 3262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS
EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND
PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING
RESOLUTION NO. 1635, RULES AND REGULATIONS, CHAPTERS 4, 5, 6. 8. 9 & 12,
CONCERNING TEMPORARY ASSIGNMENT AND APPOINTMENT; HOLIDAYS; PROBATIONARY
PERIOD; VACATION PAYMENT AT TERMINATION; SICK LEAVE PAYMENT POLICY; AND
GRIEVANCE PROCEEDING FOR EMPLOYEES OF THE CITY OF CYPRESS AND THE
CYPRESS RECREATION AND PARK DISTRICT.
Item ##6: Consideration ot Recormnendations of Traffic Commission Meeting of
June 16, 1987.
Recommendation: That the City Council approve the recommendations of the
Traffic Commission as outlined in the report and adopt a Resolution by title
only, title as follows, establishing a "No Parking" zone on the south side of
Orangewood Avenue, east and west of Yap Street, and on the north side of
Lincoln Avenue, east of Watson Street.
RESOLUTION NO. 3263
A RESOLUTION OF THE UIY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A
"NO PARKING" ZONE ON THE :.QUTH SIDE OF ORANGEWOOD AVENUE, EAST AND WEST
OF YAP STREET, AND ON TilE NORTH SIDE OF LINCOLN, EAST OF WATSON STREET.
Item ##7: Consideration of Request for SB 821 Local Allocation Funds for
Bicycle and Pedestrian Facilities on Walker Street from Cerritos Avenue to
Katella Avenue - City of Cypress Project No. 8657-90.
Recommendation: That the City Council adopt a Resolution by title only, title
as follows, authorizing staff to submit a claim for its 1987-88 allocation of
local SB 821 funds in the amount of $10,409.
RESOLUTION NO. 3264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AN
APPLICATION FOR THE CITY'S 1987-88 LOCAL ALLOCATION OF SB 821 BICYCLE
AND/OR PEDESTRIAN FUNDS.
Item #8: Consideration of Resolution Commending City Manager Darrell Essex
for his 25 Years of Service with the City of Cypress.
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City Council Minutes July 13. 1987
Recommendation: That the City Council adopt the Resolution by title only,
title as follows. commending City Manager Darrell L. Essex for his 25 years of
dedicated service to the City of Cypress.
RESOLUTION NO. 3265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
DARRELL L. ESSEX FOR HIS 25 YEARS OF DEDICATED SERVICE TO THE CITY OF
CYPRESS.
Item N9: Consideration of Resolution of Intention to Amend the PERS
Miscellaneous Retirement Plan to Provide Sections 21380.87 (1959 Survivor
Benefits), Including 21382.4 (Third level of 1959 Survivor Benefit).
Recommendation: That the City Council: 1 ) Approve the Resolution of
Intention to approve the Amendment of adding the 1959 Survivor Benefit - Level
3 to the City's PERS Contract with its Miscellaneous employees (2% at 60
formula) by title only, title as follows; and 2) Authorize the Mayor, on
behalf of the City Council to enter into an Agreement with PERS, authorizing
the release of 1959 Survivor Benefit pool.
RESOLUTION NO. 3266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS
INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF CYPRESS.
Item NI0: Consideration of Communication Urging the South Coast Air Quality
Management District (SCAQMD) to Delay Consideration of Proposed Rule 223 (Air
Quality Impact Analysis) and Rule 1401 (New Source Review of Known and
Suspected Carcinogenic Air Contaminants).
Recommendation: That the City Council confirm the action of the Mayor
requesting the SCAQMD to delay consideration of proposed Rules 223 and 1401,
pending completion of necessary studies to assess its environmental. health,
economic and social effects.
Item NIl: Consideration of an Application for Alcoholic Beverage License
Filed by Denjin & Van My Lai, D.B.A. Little Peking, 6940 Katella Avenue.
Cypress.
Recommendation: Receive and file.
Item N12: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Sung Nam & Young Jae Cha, D.B.A. T.J. 's Market, 4502 W.
Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item N13: Consideration of Adopting Certain Building-Related Permit Fee
Schedules and Establishing the Date of a Public Hearing to Adopt Various
Building Codes and Certain Amendments Thereto.
Recommendation: That the City Council: 1 ) Adopt the Resolutions by title
only, titles as follows. setting forth local conditions justifying amendments
to the 1985 Editions of the Building Codes; 2) Approve the first reading of
the Ordinances by title only, titles as follows, adopting by reference the
1985 Editions of the Uniform Buildinq Code, Uniform Mechanical Code, Uniform
Housinq Code, Uniform Code for the Abatement of Danqerous Buildinqs, Uniform
Administrative Code, Uniform Fire Code, Uniform Buildinq Code Standards,
Uniform Fire Code Standards, Uniform Plumbinq Code, Uniform Swimminq Pool
Code. Uniform Solar Enerqy Code, and the Uniform Plumbinq Code Material and
Installation Standards and establish August 10, 1987, as the date for the
Public Hearing to consider adoption of the various Codes; and 3) Adopt the
Resolutions by title only, titles as follows, establishing fees for certain
building-related permits.
RESOLUTION NO. 3267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPERSEDING
RESOLUTION NO. 2903 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A
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DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO
CERTAIN OF THE FOLLOWING CODES ARE REASONABLY REQUIRED BY LOCAL
CONDITIONS WITHIN THE CITY OF CYPRESS: THE 1985 EDITION OF THE UNIFORM
BUILDING CODE, THE 1985 EDITION OF THE UNIFORM MECHANICAL CODE. THE 1985
EDITION OF THE UNIFORM HOUSING CODE, THE 1985 EDITION OF THE UNIFORM
CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, THE 1985 EDITION OF THE
UNIFORM FIRE CODE, THE 1985 EDITION OF THE BUILDING CODE STANDARDS. AND
THE 1985 EDITION OF THE UNIFORM FIRE CODE STANDARDS.
RESOLUTION NO. 3268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPERSEDING
RESOLUTION NO. 2904 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A
DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO
CERTAIN OF THE FOLLOWING CODES ARE REASONABLY REQUIRED BY LOCAL
CONDITIONS WITHIN THE CITY OF CYPRESS: THE 1985 EDITION OF THE UNIFORM
PLUMBING CODE. THE 1985 EDITION OF THE UNIFORM SWIMMING POOL CODE, THE
1985 EDITION OF THE UNIFORM SOLAR ENERGY CODE AND THE UNIFORM PLUMBING
CODE MATERIAL AND INSTALLATION STANDARDS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTIONS 5-1 AND 5-2 OF CHAPTER 5 AND REPEALING SECTIONS 5-3 AND 5-4 OF
CHAPTER 5 AND CHAPTER 14 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY
REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1985
EDITION OF THE UNIFORM BUILDING CODE, THE 1985 EDITION OF THE UNIFORM
MECHANICAL CODE, THE 1985 EDITION OF THE UNIFORM HOUSING CODE. THE 1985
EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE 1985 EDITION OF THE ADMINISTRATIVE CODE, THE 1985 EDITION OF THE
UNIFORM FIRE CODE, THE 1985 EDITION OF THE UNIFORM BUILDING CODE
STANDARDS AND THE 1985 EDITION OF THE UNIFORM FIRE CODE STANDARDS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER
19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1985 EDITION OF
THE UNIFORM PLUMBING CODE, THE 1985 EDITION OF THE UNIFORM SWIMMING POOL
CODE. THE 1985 EDITION OF THE UNIFORM SOLAR ENERGY CODE AND THE UNIFORM
PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS.
RESOLUTION NO. 3269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO THE
ESTABLISHMENT OF A FEE SCHEDULE TO BE USED WITH THE LATEST EDITION OF
THE UNIFORM BUILDING CODES.
RESOLUTION NO. 3270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO THE
ESTABLISHMENT OF A FEE SCHEDULE TO BE USED WITH THE LATEST EDITIONS OF
THE UNIFORM BUILDING CODE, NATIONAL ELECTRIC CODE, UNIFORM MECHANICAL
CODE AND UNIFORM PLUMBING CODE.
RESOLUTION NO. 3271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A
FEE SCHEDULE FOR SIGN PERMITS.
Recreation & Park District Matters:
Item #14: Consideration of Compensation Plan Amendment.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, amending Resolution No. 3218 as
outlined in the report.
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City Council Minutes
RESOLUTION NO. 3272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. AND ACTING AS
THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT. A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS.
AMENDING RESOLUTION NO. 3218, ESTABLISHING SALARIES FOR TEMPORARY AND
SEASONAL EMPLOYEES NOT PLACED UNDER THE GENERAL COMPENSATION PLAN.
Item N15: Consideration of Proposed New Classes.
RecolllTlendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, approve the
proposed new classes and fees as outlined in the report and as recommended by
the Recreation and Community Services Commission.
CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM THE CYPRESS HIGH SCHOOL
BUSINESS DEPARTMENT REQUESTING FINANCIAL ASSISTANCE TO PURCHASE A DESKTOP
PUBLISHING SYSTEM. Councilwoman Arnold stated she would like to see the prior
budget allocations before making a decision on this matter. Hearing no
objection. Mayor Kanel continued this item to the next Council meeting.
CONTINUATION OF DISCUSSION OF TRAFFIC ISSUES ON HOLDER STREET BETWEEN ORANGE
AVENUE AND BALL ROAD. Mayor Kanel continued this item to a later time in the
meeting.
The following items were continued to the next City Council meeting for full
Council consideration:
Continuation of Consideration of Request for a Pedestrian Signal at
Walker and Aspen Streets.
Continuation of Consideration of Financing Public Improvements Within
the Cypress Business Park.
Continuation of Consideration of Management Compensation.
CONTINUATION OF CONSIDERATION OF THE NO SMOKING ORDINANCE. Mr. David Barrett,
Assistant City Manager. presented a staff report dated July 7, 1987
incorporating some additional changes to the proposed No Smoking Ordinance
that had been recommended by the Chamber of Commerce. Mayor Kanel suggested
that a first reading adopting this ordinance be approved.
Councilwoman Arnold questioned Section 17-43.4. page 7, which refers to the
enforcement of the right to smoke on the job site, which may be in conflict
with other statements in the ordinance.
The City Attorney stated that the employer can: 1) decide if there is to be
no smoking in their place of business; and 2) whatever rules are set should be
applied fairly and if an employee feels aggrieved he can come before the
Council.
In response to Councilwoman Arnold's question, Mr. Essex suggested deleting
the words, "...both smoking and...." in Section 17-43.4 and, after further
discussion, it was moved by Councilman Coronado and seconded by Councilwoman
Arnold to approve the first reading of the No Smoking Ordinance by title only,
title as follows, with the deletion of the words "...both smoking and...." in
Section 17-43.4 on page 7 and the replacement of the second paragraph of that
section with the Chamber of Commerce recommendation.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS
17-42 THROUGH 17-50 TO CHAPTER 17 OF THE CODE OF THE CITY OF CYPRESS,
REGULATING SMOKING IN PUBLIC AREAS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
It was moved by Councilwoman Arnold and seconded by Councilman Coronado that
from this night forward there will be no smoking in the Council Chambers. The
motion unanimously carried by the following roll call vote:
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AYES: 3 COUNCILMEMBERS: Arnold. Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
The meeting was called back to order at 7:37 p.m. with all Councilmembers and
staff present as before and also in attendance were staff members Beardsley.
DeCarlo. Eynon. Hurst, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilwoman Arnold led the pledge to the flag.
PRESENTATION OF RESOLUTION OF COMMENDATION TO MR. RUBEN VIGIL FOR HIS HEROIC
ACTION. Mayor Kanel read and presented the resolution commending Ruben Vigil
for his heroic action in saving the Lopez family from their burning car.
PRESENTATION OF RESOLUTIONS OF COMMENDATION FOR THE CYPRESS ELIMINATORS,
CYPRESS HEARTBREAKERS, AND THE CYPRESS PIZAZZ TEAMS OF THE AMERICAN YOUTH
SOCCER ORGANIZATION. Mayor Kanel read and presented a resolution to each AYSO
team and pictures were taken with the Mayor and Councilmembers. Each team
member will be receiving an individual copy of the resolution.
Mr. Ron Whitney and Commissioner Dan Miller. AYSO. presented plaques to the
City Council and Park and Recreation District employees expressing AYSO'S
gratitude for all the help and support received from the City. Mayor Kanel
and Councilmembers Arnold and Coronado expressed their appreciation and thanks
to AYSO.
The meeting recessed at 8:00 p.m. and reconvened at 8:07 p.m. at which time
Mayor Kanel summarized the actions taken by Council during the 5:30 p.m.
portion of the City Council meeting.
ORAL COMMUNICATIONS. The Mayor asked if anyone wished to speak.
Mr. Jerry Austin, 4312 Pearl Court. Cypress, passed a copy of a No Smoking
Ordinance from Rancho Mirage to the Council for their consideration and voiced
his desire for a tough anti-smoking law with severe penalties and enforcement.
Ms. Gail Kerry, 5196 Edgemont Circle, Cypress. advised Council of her findings
on the top management salary increases, provided additional input in response
to a question raised by Councilman Mullen and urged the establishment of
reasonable salary ranges for the top management employees.
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 hearing. The Planning Director summarized the
staff report dated July 6, 1987 stating Council, at the June 8 meeting, had
requested the applicant to submit revised site plans eliminating four motel
units in order for direct light to shine onto the proposed swimming pool area.
The applicant has indicated he does not want to reduce the number of units and
would like to withdraw the Amendment to Conditional Use Permit No. 87-2.
Mayor Kanel recommended that since two Councilmembers are absent and in
fairness to all concerned, this matter be continued to the next meeting when
the full Council is present. The applicant. Malchon Kao, 1912 Via Del Rey.
South Pasadena, CA, agreed to continue this matter to the next Council
meeting. It was moved by Councilwoman Arnold and seconded by Councilman
Coronado to continue this matter to July 27, 1987. The motion unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold. Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-13, BRIDGE
LEARNING CENTER, 6101 BALL ROAD. Mayor Kanel opened the public hearing. The
Planning Director summarized staff report dated July 8, 1987 describing the
establishment of a duplicate bridge and learning center within an existing
commercial lease space at 6101 Ball Road in the CG Commercial General Zone.
Notices of the Public Hearing were published. posted and mailed to all
property owners within a 300 foot radius of the project. To date. the only
comments staff has received are those from Buena Park and one resident who is
in favor of the project. Staff has recommended that the City Council approve
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Conditional Use Permit No. 87-13 subject to the conditions in Exhibit "A"
attached.
The Mayor asked if anyone wished to speak in support of the application.
Ms. Maryann Chamberlain, 2426 South Rita Way, Santa Ana. representing the
owner and operator of the bridge club, Jean Meyer. stated she would be glad to
answer any questions Council may have on this project.
In response to a question by Councilman Coronado. Ms. Chamberlain responded
that the Club has both a smoking and a non-smoking area and the American
Contract Bridge League has also passed no smoking legislation.
The Mayor asked if anyone wished to speak in opposition to the application.
No one wished to do so.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
close the public hearing and adopt the Resolution by title only. title as
follows, approving Conditional Use Permit 87-13 subject to conditions
recommended in the staff report.
RESOLUTION NO. 3273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-13 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold. Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-14 - WITH
CONDITIONS. Mayor Kanel opened the public hearing and stated that staff and
the applicant, ARCO Petroleum Products Company. requested this matter be
continued to the City Council meeting of July 27, 1987 in order to have more
time to resolve design issues. Hearing no objections. Mayor Kanel continued
this matter to the July 27 meeting.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-15, CHURCH
AT MACKAY ELEMENTARY SCHOOL SITE, 8721 CYPRESS AVENUE. Mayor Kanel opened the
public hearing. The Planning Director and the Director of Public Works
summarized the staff report dated July 2, 1987 which described a request to
establish a church. Sunday School and related educational uses on a portion of
the Mackay Elementary School site at 8721 Cypress Avenue, in the PS Public and
semi-public zone. ABC Development Preschool is concurrently requesting
approval of Conditional Use Permit No. 87-16 to expand its current use on
another portion of the school site. As with existing and past uses. staff
recommended no on-street parking be permitted. additional parking spaces be
provided by striping the existing playground blacktop and a driveway to
connect the existing parking lot with the striped playground area be
installed. Public notices were mailed, posted and published in accordance
with State law and, to date, staff has received no comments regarding this
proposal. Staff recommended that the City Council approve Conditional Use
Permit No. 87-15 subject to conditions.
The Mayor asked if anyone wished to speak in support of the application.
Mr. Bob Gilbert, Gilbert Engineering, 4552 Lincoln Avenue, Cypress. stated he
is a member of the congregation leadership and he is taking exception to two
of the conditions: 1) the number of parking stalls required; and 2) the paved
driveway. Mr. Gilbert stated he has recounted the fixed seating in the church
and it was indicated that fewer parking spaces will be required.
In response to a question from Councilwoman Arnold, the Planning Director
responded that concerns have been addressed by residents regarding on-street
parking. which is one of the reasons it was required, and when parking is
provided for a proposed use, the code states that parking will be provided on
the site.
Mr. Gilbert reported there had been a church operating at this same location
for some time and the driveway area had not been paved. It will take several
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months to obtain school board and district approval for a plan and. because of
the one year lease. the school district has no interest in paying for a paved
driveway and the church asked that this condition be waived.
Mr. Essex suggested approval of this application for temporary use for a one
year period and at the end of the year. if necessary. adopt a more permanent
solution.
Mayor Kanel asked if anyone wished to speak in opposition to the application.
No one wished to do so.
After further discussion, it was moved by Councilman Coronado and seconded by
Councilwoman Arnold to close the public hearing on Conditional Use Permit No.
87-15 for a church and Sunday School at the Mackay Elementary School site and
adopt the Resolution by title only. title as follows. amending Condition 2 of
Exhibit "A" to state that a gravel/oil driveway be installed that meets the
approval of the City Engineer; and that this conditional use permit shall
expire and become void one year from the date of initial approval unless.
prior to that time. a public hearing is held and the period of time for this
conditional use permit is extended.
RESOLUTION NO. 3274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-15 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold. Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davi s and Mull en
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-16,
PRESCHOOL AT MACKAY ELEMENTARY SCHOOL SITE, 8721 CYPRESS AVENUE. Mayor Kane 1
declared the public hearing open. The Planning Director summarized the staff
report dated July 2. 1987 describing a request to expand an existing preschool
facility at the Mackay Elementary School site at 8721 Cypress Avenue, in the
PS Public and Semi-Public Zone. The Cypress Evangelical Free Church is
concurrently requesting approval of Conditional Use Permit No. 87-15 to locate
its church on another portion of the school site. Public notices were mailed.
posted and published to all property owners within a 300 foot radius and no
comments were received. Staff recommended that the City Council approve
Conditional Use Permit No. 87-16 subject to the conditions in Exhibit "A" with
an additional condition recommending the applicant return in one year for a
new public hearing otherwise the conditional use permit would expire.
The Mayor asked if anyone wished to speak in support of the application.
Ms. Janice LeBrun. 14310 San Cristobal Drive, La Mirada, the applicant, stated
that most of the preschool's parking is drop-off and pick-up and Headstart,
the sublessee, busses in 65% of their students. She asked that the ten
additional parking spaces requirement be waived and, if it cannot be waived.
the 275 feet of curbing which is not currently parking space be used for drop-
off and pick-Up of the children.
Councilman Coronado expressed concern that the drop-off and pick-up areas are
on a public thoroughfare and the possible liability involved should an
accident occur and Ms. LeBrun explained that the curbing was curbing border
inside the school parking lot and on school property, not on Cypress Avenue.
After further discussion. Mayor Kanel suggested eliminating the requirement
for the ten additional parking spaces and adding a condition stating that
after a period of one year, the parking situation and any substantiated
parking complaints will be reviewed.
The applicant requested deletion of Conditions 2, 4 and 12 as stated in
Exhibit "A" of the staff report.
After further discussion, the Planning Director proposed the following
language: "Within one year of the date of approval, this Conditional Use
Permit shall be reviewed by the City Council to determine whether
substantiated parking complaints have been received. The City Council may
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call a public hearing upon finding that substantiated parking complaints have
been received and this Conditional Use Permit may be modified and/or revoked."
Mayor Kanel asked if anyone wished to speak in opposition to the application.
No one wished to do so.
It was moved by Councilwoman Arnold and seconded by Councilman Coronado to
close the public hearing and adopt the Resolution by title only. title as
follows. approving C.U.P. 87-16 subject to the deletion of Conditions 2, 4 and
12 and the addition of the condition proposed by the Planning Director as
above stated.
RESOLUTION NO. 3275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-16 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 87-6 AND DESIGN REVIEW
COMMITTEE 87-25, DECREASE SETBACK ADJACENT TO RESIDENTIAL ZONE, 9081 TO 9101
WALKER STREET. Mayor Kanel opened the public hearing. The applicant has
requested that this item be continued from the July 13. 1987 City Council
meeting to the July 27, 1987 meeting, indicating he needs additional time to
revise his plans. Hearing no objections. Mayor Kanel continued this
application to July 27, 1987
CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 87-190, 5701-5735 LINCOLN
AVENUE. Mayor Kanel opened the public hearing. The Planning Director
summarized staff report dated July 7, 1987 which indicated this was a request
to consolidate three existing parcels into one 71,787 square foot parcel to
permit a new office/retail building and restaurant on property located at
5701-5735 Lincoln Avenue in the CH/LC Commercial Heavy/Lincoln Avenue
Combining Zone. Notices of the public hearing were published, posted and
mailed to all property owners within a 300 foot radius and no comments have
been received regarding the request; therefore. staff recommended approval of
Parcel Map No. 87-190 subject to the two conditions provided in the staff
report.
The Mayor asked if anyone wished to speak in support of the application.
Mr. Carl Sutter, 13325 San Antonio Dr., Norwalk, Project Engineer representing
the client, stated he accepted all the conditions as recommended by the staff.
The Mayor asked if anyone wished to speak in opposition to the application.
No one wished to do so.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
close the public hearing and adopt the Resolution by title only, title as
follows, approving Parcel Map No. 87-190 subject to conditions as stated in
staff report.
RESOLUTION NO. 3276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 87-190 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONTINUATION OF DISCUSSION OF TRAFFIC ISSUES ON HOLDER STREET BETWEEN ORANGE
AVENUE AND BALL ROAD. The Mayor summarized the desires of the Holder Street
residents, what has transpired and what staff has suggested concerning the
traffic situation on Holder Street. The residents have asked that the speed
limit be reduced to 25 miles per hour and only one southbound travel lane be
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July 13. 1987
provided on that portion of Holder Street. Staff considers the appropriate
action to be changing the striping on Holder Street to provide for a
continuous. two-way left turn lane.
Ms. Evelyne Weyhrich, 9783 Holder Street. Cypress asked where there is a
traversable island. such as proposed by staff. in a residential area. The
residents would still like to have a place to park their cars on the street
and only one lane of traffic.
Mr. Essex suggested a meeting between the staff and the concerned Holder
street residents at a convenient time and place with staff providing
explanations. displays. with the communication between both parties of
concerns and problems and then returning to Council with the findings.
Ms. Weyhrich suggested staff look at an area on McFadden and Bolsa Chica as an
example of a possible solution to controlling the traffic on Holder Street.
It was suggested by Ms. Weyhrich that the proposed meeting with staff be held
in a home of one of the residents so there will be first-hand knowledge of the
situation and the date and time will be coordinated between staff. Mr. Essex
and Ms. Weyhrich.
Ms. Rosemary Pushnik. 9763 Holder street, Cypress. stated that the amount and
the speed of the traffic is horrendous on Holder Street.
After discussion, Mayor Kanel referred this matter back to Mr. Essex and staff
to meet with the Holder Street residents and attempt to resolve the concerns.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
continue the discussion of traffic issues on Holder Street between Orange
Avenue and Ball Road. Hearing no objections, Mayor Kanel continued this
matter to the August 10. 1987 meeting.
The following matters were continued to July 27, 1987 by Mayor Kanel for
consideration by the full Council.
Continuation of Consideration of Expiration of Terms of Recreation &
Community Services Commissioners.
Continuation of Consideration of Discussion on Written Bid Procedures.
CONSIDERATION OF CONTINUED PART-TIME CONTRACT BUILDING INSPECTION SERVICES.
The Public Works Director summarized the staff report dated July 2, 1987
describing the need for the continued part-time services of the contract
building inspector, Mr. Albert DiSalvo. Due to the resignation of the City's
only building inspector, staff recommended that the services of Mr. DiSalvo be
expanded from two to three days per week during the time required to recruit
and orient a replacement.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
retain Mr. Albert DeSalvo, 1302 Monterey, Anaheim. CA 92802 to provide part-
time contract building inspection services to the City at the rate of $18.00
per hour, through June 30, 1988. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONSIDERATION OF A CHANGE IN THE ORDER OF BUSINESS AT COUNCIL MEETINGS. The
City Manager is in agreement with the City Attorney's recommendations and
suggested placing the Study Session and Executive Session immediately after
Oral Communications for Matters on the 5:30 p.m. Agenda.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
adopt the Resolution by title only, title as follows. amending the order at
the 5:30 session. placing "Study Session" and "Executive Session for Matters
of Personnel and/or Litigation" after "Oral Communications for Matters on 5:30
p.m. Agenda."
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City Council Minutes July 13. 1987 '1Gl
RESOLUTION NO. 3277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING
RESOLUTION NO. 3245 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY
COUNCIL MEETINGS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONSIDERATION OF AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
REDEVELOPMENT AGENCY AUTHORIZING THE CYPRESS REDEVELOPMENT AGENCY TO UTILIZE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR USES SPECIFIED IN CONTRACTS
C26606, C26766 AND C26904. The City Attorney summarized the staff report
dated July 2. 1987 stating the City is agreeing with the Redevelopment Agency
that the Redevelopment Agency may use the Community Development Block Grant
monies given to the City for housing purposes.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
approve the Agreement between the City of Cypress and the Cypress
Redevelopment Agency authorizing the Cypress Redevelopment Agency to Utilize
Community Development Block Grant funds for Uses specified in contracts
C26606, C26766 and C26904 and authorize the Mayor to sign on behalf of the
City Counc 11 .
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONSIDERATION OF LIABILITY INSURANCE COVERAGES FOR THE COMMUNITY FESTIVAL.
Mr. Essex summarized the staff report dated July 8, 1987 recommending that the
City purchase the special event liability insurance policies covering the
Festival activities, which are not normally covered under routine insurance
po 1 i ci es.
It was moved by Councilman Coronado and seconded by Councilwoman Arnold to
authorize the purchase of both special event liability insurance policies for
the Community Festival. for a total premium of $2970.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
CONSIDERATION OF NEWSLETTER ARTICLES. The City Manager stated that copies of
the articles for the City's newsletter for August/September will be forwarded
to Council under separate cover and Council's review and comments are
requested on the articles submitted. Hearing no objections, Mayor Kanel
continued this matter to the next meeting.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21230 -
21491. It was moved by Councilman Coronado and seconded by Councilwoman
Arnold to approve the commercial warrant list for warrants no. 21230 - 21491
in the amount of $606,164.74. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold. Coronado and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Davis and Mullen
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RECESS: Mayor Kanel recessed the meeting at 10:10 p.m. in order for the
Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 10:13 p.m. with Councilmembers Davis and Mullen
absent.
ADJOURNMENT. Mayor Kanel adjourned the meeting at 10:15 p.m. to Monday. July
27. 1987 at 5:30 p.m.
k0*~
MAYOR 0 THE CITY OF CYP ESS
ATTEST:
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