Minutes 87-07-29
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MINUTES OF THE ADJOu~NED
REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
July 29. 1987
Mayor Kanel called the adjourned regular meeting of the Cypress City Council
to order at 7:05 p.m. on Wednesday. July 29. 1987. in the Cypress City Council
Chambers, 5275 Orange Avenue. Cypress. California.
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. DeCarlo. Eynon, Hurst. Leonard
and Lowenberg.
SECOND READING OF 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. Councilmembers Davis and Mullen
expressed their support of the ordinance as it was passed on the first reading
and all members have read the materials given them the last meeting.
Mr. Jerry Austin. 4312 Pearl Court, Cypress. expressed disappointment because
the Council does not seem to have any interest in strengthening the No Smoking
Ordinance and felt the proposed ordinance was not severe enough.
After further discussion. it was moved by Councilman Mullen and seconded by
Councilman Coronado to adopt the No Smoking Ordinance by title only. title as
follcws. amending Chapter 17 of the Code of the City of Cypress regulating
smoking in public areas.
ORDINANCE NO. 777
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: 5 COUNCILMEMBERS: Arnold. Coronado, Davis. Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In response to questions by Mayor Kanel on the mode of implementation, the
Assistant City Manager will arrange to have a meeting with the Chamber of
Commerce to determine "reasonable effort" by employers and send out notices to
employers. The Mayor suggested that an article on the No Smoking Ordinance be
inserted in the upcoming Cypress Newsletter.
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 87-32, THREE STORY OFFICE
BUILDING, NORTHEAST CORNER OF BUSINESS CENTER DRIVE AND COMMERCE STREET.
Mr. Essex stated that this is a design review appeal and staff wished to
assure the Council that there is concern about the status of the structures
being built in the business park and the City will continue to require high
quality. high standard structures and. in this instance, staff does not feel
this structure meets those standards. The Planning Director addressed some of
the material in the brochure just distributed by developer. Cabot, Cabot &
Forbes, and she then summarized staff report dated July 21. 1987 which
described a request to construct a three story office building at the
northeast corner of Business Center Drive and Commerce Street in the PC-l
Planned Community Business Park Zone. The proposed project consists of a
three story office building containing approximately 86,144 square feet of
gross floor area. Access points are proposed off of Global Drive and Commerce
Drive and the applicant is required to provide a total of 345 parking spaces.
Architectural elevations indicate an L-shaped building with its entrance
facing the intersection of Holder Street and Commerce Drive. Building
materials include concrete tilt-up, white painted panels and blue reflective
glass with vertical butt joints and perimeter frames painted black and cool
gray glass proposed for the entry and recessed areas. The plans also
indicated a treatment of sandblasted concrete with an epoxy coat to be placed
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at the building entry as well as the two driveway entries. Staff recommended
that the City Council confirm staff's denial of Design Review Committee No.
87-32. or approve Design Review Committee No. 87-32 subject to the conditions
included in Exhibit "A" attached.
In response to questions from the Council. Ms. Eynon responded that some of
the issues are: 1) the Holder Street location will become a prime location
and should be utilized in the most effective manner; 2) the architectural
plans required a softening of the angles of the building because of its prime
location; and 3) height of the proposed building.
Mr. Jeff Smith. Cabot. Cabot & Forbes. 2390 E. Orangewood, Ste. 380. Anaheim.
expressed his thanks to staff. wished to address the analysis that staff had
compiled and show a slide presentation and address staff's concerns. He
stated they have asked for more specifics as to what staff and the Council
would like. but were unable to obtain direction. However. he also stated that
they have already attempted to address some of the concerns and have made some
changes and they feel the proposed building meets the design requirements for
the City. Mr. Smith noted that Cabot. Cabot and Forbes is not trying to go
around the Planning Department but they wanted to appeal to the Council so
they could show them the building. along with relaying their thoughts and
intent and try to reach a solution.
Mr. Byron Pinckert. Hill Pinckert Architects. Inc.. 16815 Von Karman Avenue.
Ste. 210, Irvine, provided Council with some history of his organization, gave
a slide presentation and narrative on the site area and the various structures
in the area and structures similar to the proposed building that his firm had
also designed.
Mr. Clyde Stoff, Vice President of the Seeley Company. 65 The City Drive.
Orange, commented that he felt Cabot Company had built a very leasable
building, they have outleased competing projects in the area both in terms of
absorption and the quality of tenants and believed the proposed structure
offered had a very attractive forward look.
In response to a question from Councilman Mullen, the Planning Director
responded that Cabot. Cabot and Forbes were given specifics on the building.
She also stated that Cabot, Cabot & Forbes approached with an acceptable
initial plan, and when they submitted final plans, they haq been revised and
depicted a less architecturally pleasing structure.
After further discussion, Mayor Kanel responded that it appeared that Cabot.
Cabot & Forbes was asking the Council to overrule the staff relative to what
they perceive as carrying out City Council's instruction and asked staff if
there wasn't an area of compromise so the parties could sit down and discuss
the differences. The City Manager replied that staff felt that there were
areas of compromise but Cabot, Cabot and Forbes wished to plead their case
before the Council.
Councilman Coronado stated that staff has received very clear and definite
instructions from the Council on what is desired in new structures and he
would not consider prolonging this session any further and suggested a meeting
with staff to settle the differences. Councilman Mullen responded that he did
not believe this meeting should have come before Council and has absolute
confidence in the Planning Director and Planning Department's recommendations.
Councilman Davis stated he will be suggesting the re-creation of a Planning
Commission and those Commissioners will have input in addition to the Planning
Department.
After further discussion and in response to a question by Councilwoman Arnold.
the Planning Director clarified that the plans presented of the developer's
proposed structure varied from the original artist's rendering. Councilwoman
Arnold suggested the parties meet and attempt to arrive at a plan that
everyone agrees upon.
Mayor Kanel stated that the concensus of the Council is to ask Cabot, Cabot &
Forbes for a revision and to bring back that revision after working with the
staff.
Mr. Smith responded that they are interested in building the structure and
will review and revise their plans and work with the staff.
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It was moved by Councilman Mullen and seconded by Councilman Coronado that
this matter be continued to August 10. 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
CONSIDERATION OF AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 87-13, RETAIL/OFFICE
BUILDING, 5735 LINCOLN AVENUE (NORTHWEST CORNER OF LINCOLN AVENUE AND LOS
ALTOS DRIVEl. The Planning Director summarized the staff report dated July
21, 1987 which represented a request by Isacc Inc. to amend the building
elevations approved as part of Design Review Committee No. 87-13 for a two-
story retail/office building, and one of the conditions for approval stated
that the second story windows could not face residentially zoned properties.
Since that time, the applicant feels that windows are needed for light and
ventilation. Staff has arrived at some measures that do resolve the potential
compatibility problems and feel that windows could be installed to provide
light and ventilation; however, in meeting with the adjacent property owner,
he was not satisfied. Staff recommended that the City Council receive and
file the Amendment to Design Review Committee No. 87-13 subject to conditions.
Mr. Thomas Bruno, representing Isacc Inc., 1665 East Fourth Street, Ste. 212,
Santa Ana, presented an artist's rendering to Council and stated he was
unaware that the condition of approval would be no rear windows at all and the
problem is the leasability of the offices without those windows. In order to
address the adjacent property owner's concern, the developer has raised the
window sill six feet above floor level.
Councilman Davis asked if the windows could be raised to six feet, six inches
and still be reasonable.
Mr. Bruno stated this elevation was satisfactory; however, he wouldn't want to
go any higher.
Mr. Leon Taylor, 5712 Danny Avenue, Cypress, the adjacent property owner,
responded that he wasn't against the rear windows, but he wanted to be sure
tenants couldn't be looking directly onto his property and agrees with the
suggestion of 6 foot, 6 inches as the window height. Mr. Taylor's other
concern was that he did not receive public notice of the parcel map filing,
which was addressed by the Planning Director.
It was moved by Councilman Mullen and seconded by Councilman Davis to receive
and file the Amendment to Design Review Committee No. 87-13 subject to
conditions, Condition #1 amended to increase the elevation of the rear windows
sills to 6 feet, 6 inches from the floor level.
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
In regard to Item #16, Consideration of Extension of the Agreement for
Emergency Medical Transportation Services, Mr. Essex stated that staff wanted
to make this matter subject to satisfactory insurance coverage and a proper
insurance certificate has not been received from Medix.
Responding to questions from the Council, Mr. Essex reported that the
contracts had expired, the Fire Department did not provide notification with
sufficient time to renew the contracts and, as a result, the City now has no
contracts with either emergency medical transportation company.
Councilman Davis suggested the matter be continued, request an evaluation from
the Fire Department and perhaps discuss with Southland their interest in in
becoming the primary transportation and then Council will be able to act on
the basis of this information.
After discussing the matter future and hearing no objection, Mayor Kanel
continued this matter to August 24, 1987.
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Councilwoman Arnold discussed the poor quality of Cable Television reception.
the lack of responsive service and poor communication from the Cable
Television company. Mayor Kanel suggested the Assistant City Manager
communicate with the cable company and inform them of the numerous complaints
received about them.
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE VEHICLE REPLACEMENT. Mayor
Kanel referred to the staff report dated Jul) 14, 1987 which described the
purchase of two unmarked police vehicles at a budgeted cost of $26,000. The
police department staff has investigated the availability of low mileage, used
automobiles and a 1986 and a 1987 Buick LeSabre have been selected from Avis
Used Car Leasing.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
approve staff's recommendation to dispense with the formal competitive bidding
and authorize the purchase of two (2) used vehicles from Avis We Try Harder.
Inc., 16401 Beach Blvd., Huntington Beach, CA 92647, in the amount of
$23.370.00
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
CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM THE CYPRESS HIGH SCHOOL
BUSINESS DEPARTMENT REQUESTING FINANCIAL ASSISTANCE TO PURCHASE A DESKTOP
PUBLISHING SYSTEM. Mayor Kanel referred a staff report dated July 22, 1987
responding to Councilwoman Arnold's request for a summary of the City's
contributions for 1986/87 and the budgeted amounts for 1987/88.
Councilman Mullen stated that some of these previous contribution requests
were presented as off-agenda items. with no chance for an objective
discussion. His second concern is that most of the items contributed to were
school items and it appeared we were shifting the burden of school business
from the school district to the City and now is the time for the Council to
make a policy statement.
Councilman Coronado suggested that the students need to create some method of
generating their own financing.
It was moved by Councilman Mullen and seconded by Councilman Coronado to deny
the request from the Cypress High School Business Department for financial
assistance to purchase a desktop publishing system.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 1 COUNCILMEMBERS: Kanel
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF REQUEST FOR A PEDESTRIAN SIGNAL AT WALKER AND
ASPEN STREETS. Mayor Kanel referred to the Public Works staff report dated
July 6, 1987 wherein the Council discussed the request for a pedestrian signal
at the intersection of Walker Street and Aspen Street, had requested
additional information from the Superintendent of Schools and staff was
requested to submit its findings on the crossing, along with past studies done
for this location. Staff recommended against a signal or crosswalk/crossing
guard installation because: 1) this location is not the recommended
"Suggested Route to School," 2) the requested crossing is in very close
proximity to the existing signal at Walker Street and Ball Road, and 3) the
false sense of security conveyed by a marked crosswalk.
Councilman Davis, who has been in contact with the concerned parents, stated
they still feel the signal is necessary but they are going to do further
research and then talk to Police Chief Lowenberg because he had a very good
reason for not installing the signal.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
accept staff's recommendation that a traffic signal or crosswalk/crossing
guard not be installed at this time in the vicinity of Walker and Aspen
Streets.
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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
CONTINUATION OF CONSIDERATION OF MANAGEMENT SALARIES. Mayor Kanel referred to
the staff report dated July 22. 1987 describing the communication from Gail
Kerry suggesting the development of Management salary ranges and comments on l'!!''ii'""",,
the recently conducted salary survey. The City Council has requested the
personnel consultant recommend salary ranges for all Management positions and
once this report is received, the Council will have an opportunity to address
the issues raised by Ms. Kerry.
Councilman Davis stated he has talked to Gail Kerry and she expressed to him
that she feels she has presented her case.
The Assistant to the City Manager reported that the consultant is currently
looking at a salary structure for the mid-management group and the City
planned to schedule him to participate in a workshop on the entire salary
structure sometime during the first part of September.
It was moved by Councilman Coronado and seconded by Councilman Mullen and.
hearing no objection, Mayor Kanel received and filed this matter.
CONTINUATION OF CONSIDERATION OF PUBLIC WORKS CONTRACT CHANGE ORDER
ADMINISTRATION POLICY. Mr. Essex suggested continuing this matter to the
second meeting in August in order to clarify some items that were requested by
Council.
It was moved by Councilman Mullen and seconded by Councilman Davis and hearing
no objection Mayor Kanel continued this item to August 24, 1987.
CONTINUATION OF CONSIDERATION OF DISCUSSION ON WRITTEN BID PROCEDURES. It was
moved by Councilman Davis and seconded by Councilman Coronado and hearing no
objection. Mayor Kanel continued this item to September 14, 1987.
CONTINUATION OF CONSIDERATION OF NEWSLETTER ARTICLES. It was the concensus of
the Council that this matter be received and filed, implementing the
suggestions received from the Councilmembers.
CONTINUATION OF CONSIDERATION OF EXPIRATION OF TERMS OF RECREATION & COMMUNITY
SERVICES COMMISSIONERS. Mayor Kanel referred to a staff report on the renewal
of the terms of Messrs. Castro and Stange as Recreation & Community Services
Commissioners. Councilman Davis indicated he had reviewed the absence records
of all of the Recreation & Community Services Commissioners and he voiced his
concern over the number of Commissioners that were missing meetings and
suggested that the Council start thinking about a revision to the attendance
requirements.
It was moved by Councilman Davis and seconded by Councilman Mullen to
reappoint Commissioners Castro and Stange to the Recreation & Community
Services Commission.
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 THE CABLE TELEVISION ADVISORY COMMITTEE'S REPORT ON GRANT
GUIDELINES. Mayor Kanel referred to the Staff report dated July 20, 1987.
which provides the details for the City Council approved grant program concept
recommended by the Cable Television Advisory Committee at its February 9, 1987
meeting. At that meeting the Council approved the concept and requested that
the Committee develop specific guidelines for the grants and they have
prepared a report detailing recommendations for establishing guidelines for
administering the grant program.
After discussion, Councilman Davis suggested this matter be continued and
invite Dr. Martin to be present at the next Council meeting.
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It was moved by Councilman Davis and seconded by Councilwoman Arnold and.
hearing no objections. Mayor Kanel continued this matter to the August 10.
1987 meeting.
CONSIDERATION OF A CABLE TELEVISION (CATV) COMMISSION. Mayor Kanel called
upon Councilman Davis to provide background information on the need for a
Cable Television Commission and Councilman Davis stated that during a joint
meeting with the Committee, they asked that Council create a new Commission so
it can administer the grants program and monitor the programming efforts of
public access channel users and have agreed to create a five member Commission
with three ex officio members, the staff. Copley/Coloney and the educational
community.
After further discussion. it was moved by Councilman Davis and seconded by
Councilwoman Arnold directing staff to prepare an Ordinance on this matter for
the next meeting.
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis. Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
Councilman Coronado stated that he is not convinced that this would be a true
Commission and we do have problems with the Cable system. those problems are
not being attended to in an expeditious manner and many people are
dissatisfied and he finds no purpose in a Commission.
CONSIDERATION OF A COMMUNICATION REGARDING ANIMAL CONTROL REGULATIONS. Mayor
Kanel referred to staff report dated July 22, 1987 describing a communication
from a group called Concerned Citizens for Dog Law Revision from Huntington
Beach, which requests the City Council to encourage several revisions in the
animal control regulations, which are adopted by the County Board of
Supervisors.
It was moved by Councilman Mullen and seconded by Councilman Davis and hearing
no objections, Mayor Kanel received and filed the communication.
CONSIDERATION OF PURCHASE OF PORTABLE RADIOS - POLICE DEPARTMENT. Mayor Kanel
referred to staff report dated July 14, 1987 wherein the capital outlay budget
for fiscal year 1987/1988 provides for the purchase of portable radios for the
police department. The Cypress Police Department obtained and field tested
portable radios manufactured by Kenwood and General Electric which were found
to be of good quality and priced considerably less than the Motorola product.
The Motorola unit is priced at approximately $2,500 , the General Electric at
approximately $1,000 and the Kenwood at approximately $700.00.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
accept staff's recommendation for the purchase of four Kenwood portable
radios, with accessories, from Comsound, 2015 West Pacific Avenue, West
Covina, CA 91790, in the amount of $3,177.42.
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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21492 -
21675. It was moved by Councilman Mullen and seconded by Councilman Davis to
approve the commercial warrant list for warrants no. 21492 - 21675 in the
amount of $480,065.64. The motion uanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNC I,LMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Kanel recessed the meeting at 9:35 p.m. in order for the
Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 9:38 p.m. with all Councilmembers present as before.
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EXECUTIVE SESSION. At 9:40 p.m,. Mayor Kanel adjourned the meeting to
Executive Session to discuss potential litigation matters. The meeting
reconvened at 11:01 a.m.
ADJOURNMENT. Mayor Kanel adjourned the meeting at 11:02 p.m.
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