Minutes 87-08-10
MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
August 10. 1987
The regular meeting of the Cypress City Council was called to order at 5:40
p.m. on Monday. August 10. 1987. in the Cypress City Council Chamber. 5275
Orange Avenue. Cypress. California. Mayor John Kanel presiding.
PRESENT: Councilmembers Arnold. Coronado. Davis & Kanel
ABSENT: Councilman Mullen
Also present were Assistant City Manager. David Barrett. City Attorney. Jerry
Patterson and Assistant to the City Manager. Nancy Leonard.
COUNCILMAN MULLEN ARRIVED AT 5:42 P.M.
ORAL COMMUNICATIONS. Mayor Kanel asked if anyone wished to speak of matters
on the 5:30 p.m. portion of the agenda. No one wished to do so.
Mr. Larry Turner. 9283 Vista Mesa. Cypress. declared he wished to inform the
Council of the concrete corrosion that is occurring in Cypress and adjacent
cities. This item was. not on the Agenda; however. Council heard Mr. Turner
and received a copy of a geologist's report stating the soil beneath his home
was extremely corrosive and asked the Council's assistance in informing the
people of this situation.
Mayor Kanel mentioned that Senator Green's office is conducting meetings to
ascertain how wide-spread this problem is and that the City was working with
the State Legislative Representatives to obtain an emergency bill.
CONTINUATION OF CONSIDERATION OF THE CABLE TELEVISION ADVISORY COMMITTEE'S
REPORT ON GRANT GUIDELINE. The Assistant City Manager recapped the report
indicating that on February 9, the City Council had approved in concept the
Cable Television Advisory Committee's recommendation for a grant program and
had asked that specifics be developed for the program.
Dr. Howard Martin, Chairman of the Committee, gave a brief overview of the
proposed grant program, asked that the Council approve the guidelines for
initial implementation by the incoming Commission. Councilman Mullen
expressing support of the proposed grant program. stated the grant figure of
$40,000 was somewhat high and suggested $10,000 for a first year budget.
Councilman Davis suggested that the staff, working with Dr. Martin, return
with a report recommending a start-up date, specifying the amount, which would
be $10,000 and outlining the reporting process to advise the Council on the
program's progress.
The City Attorney advised Council that since this item is on the 7:30 p.m.
Agenda, an action should take place at that time.
EXECUTIVE SESSION. At 6:03 p.m., Mayor Kanel adjourned the meeting to
Executive Session to discuss matters of litigation.
The meeting reconvened at 7:10 p.m. with all Councilmembers and staff present
as before with the addition of the Public Works Director, Robert Beardsley.
CONSIDERATION OF RENEWAL OF ANNUAL AIR CONDITIONING MAINTENANCE CONTRACT. Mr.
Barrett summarized the staff report dated July 27, 1987 which included a
request for renewal from Scott Refrigeration Service, Inc., the current
heating/air conditioner service contractor. It was reported that Scott
Refrigeration has provided preventative maintenance service and remedial
maintenance service since 1983 and are requesting a total increase of $632.40
through August 1988 on the preventative maintenance contract work with the
same current hourly rates for the remedial maintenance service contract work.
It was moved by Councilman Mullen and seconded by Councilman Davis to accept
staff's recommendation; however, Councilman Davis requested continuing this
item so he can review the 1985/86 expenses for remedial maintenance services
and how Scott Refrigeration determines whether the charges are remedial or
covered under the preventative maintenance contract.
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Councilman Davis withdrew his second to the motion and Councilman Mullen
withdrew his motion.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
this matter to August 24, 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 AWARD OF CONTRACT FOR THE INSTALLATION OF EMERGENCY VEHICLE
PRE-EMPT SYSTEM AT THE INTERSECTION OF KATELlA AVENUE AND KNOTT AVENUE, CITY
OF CYPRESS PROJECT NO. 8763-50. Mayor Kanel called on the Assistant City
Manager to summarize the staff report dated August 3, 1987 which indicated
that an emergency vehicle pre-empt system installation at the intersection of
Katella and Knott Avenues was inadvertently omitted when the signal was
upgraded in 1986. It was further reported that due to insufficient response
from the first request for bid on this project. the bid was re-advertised and
three bids were received. The staff recommended that a contract in the amount
of $4900 for the emergency vehicle pre-empt system be awarded to Signal
Maintenance and that the funds be obtained from the Gas Tax Fund.
It was moved by Councilman Mullen and seconded by Councilman Davis to accept
staff's recommendation to authorize an appropriation from the fund balance of
the gas tax fund and appropriate $4900 to Account No. 4186-22-439.22; and
retain the services of Signal Maintenance. Inc.. 2720 East Regal Park Drive.
Anaheim, 92806 for the installation of an emergency vehicle pre-empt system at
the intersection of Katella Avenue and Knott Avenue. per their proposal in the
amount of $4900.
The motion unanimously carried by the following roll call vote: -
AYES: 5 COUNCILMEMBERS: Arnold. Coronado, Davis. Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None ..-
ABSENT: 0 COUNCIlMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" were considered by
the City Council to be routine and to be enacted by one motion approving the
recommendations listed on the Agenda, with the following exceptions:
The City Attorney made corrections to the Minutes of July 21. 1987 deleting
the words, "...to the next regular meeting on July 27, 1987 at 5:30 p.m."
under the heading ADJOURNMENT; the insertion of the word "Regular" to the
title of the Minutes of July 29, 1987; and deleting the words. ". ..to Monday.
August 10, 1987 at 5:30 p.m." under the heading ADJOURNMENT on page 7.
Councilman Davis asked that Items 11, 12, 13 and 19 be removed from the
Consent Calendar for further clarification.
Councilman Coronado asked that Items 4 and 14 be removed from the Consent
Calendar.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve i!';
the consent calendar Items #4 - 21 with the exception of Items #4, 11, 12. 13,
14 and 19. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado. Davis, Mullen & Kanel
NOES: 0 COUNCIlMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #5. Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and to Waive Further Reading.
Item #6. Consideration of Designation of Voting Delegate for League of
California Cities' Annual Conference.
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Recommendation: That the City Council designate Mayor Kanel as the voting
delegate and Mayor Pro Tem Davis as the alternate for the Business Session of
the League of California Cities' Annual Conference to be held in San Francisco
on October 6. 1987.
Item N7. Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Robert E. Karim and Elie H. Khoury. D.B.A. Nuno's of
Chicago, 6931 Katella Avenue, Cypress.
Recommendation: Receive and file.
Item N8. Consideration of Proclaiming August 15, 1987. as "Volunteer
Firefighter Recognition Day."
Recommendation: That the Mayor and City Council officially proclaim August
15. 1987. as "Volunteer Firefighter Recognition Day" in the City of Cypress.
Item N9. Consideration of Proclaiming September 1987, as "Cystic Fibrosis
Awareness Month."
Recommendation: That the Mayor and City Council officially proclaim September
1987. as "Cystic Fibrosis Awareness Month" in the City of Cypress as
requested.
Item NI0. Consideration of Proclaiming September 17 - 23, 1987, as
"Constitution Week" and September 17. 1987, as "United States Constitution
Day."
Recommendation: That the Mayor and City Council officially proclaim September
17 - 23, 1987. as "Constitution Week" and September 17. 1987. as "United
States Constitution Day" in the City of Cypress.
Item N15. Consideration of Claim Filed by Evelyn G. LeMasters.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item N16. Consideration of Design Review Committee No. 87-31, Single-Family
Home Remodel, 5551 Danny Avenue.
Recommendation: Receive and file.
Item N17. Consideration of Approval of 13th Year Community Development Grant
(CDBG) Contracts Between the City of Cypress and the County of Orange
Regarding Public Facilities and Improvements, Expansion of the Senior Citizens
Center, and the Rehabilitation of Private Properties.
Recommendation: That the City Council approve Contract Nos. C40292, C40293,
and C40381 as submitted and authorize the Mayor to sign the Agreements on
behalf of the City Council of the City of Cypress.
Item N18. Consideration of Offer to Purchase City-Owned Property at the
Southwest Corner of Orange Avenue and Holder Street - City of Cypress Project
No. 8703-90.
Recommendation: That the City Council reject the offer of $20,000 from Mr.
Kerry L. Henard, dated July 16, 1987, to purchase the property at the
southwest corner of Orange Avenue and Holder Street.
Item H2O. Consideration of Agreement Between Overton. Moore & Associates,
City of Cypress, and the Orange County Flood Control District, City of Cypress
Project No. 8738-90.
Recommendation: That the City Council approve the Agreement between Overton,
Moore & Associates, City of Cypress, and the Orange County Flood Control
Oistrict to construct Bolsa Chica Channel on the east side of this
development, City Project No. 8738-90. and authorize the Mayor to execute the
Agreement and the City Clerk to attest to the Agreement on behalf of the City.
Item N21. Continuation of Consideration of Discussion of Traffic Issues on
Holder Street Between Orange Avenue and Ball Road.
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Recommendation: That the City Council approve staff's proposed striping plan
and authorize staff to design and bid a sandblasting and restriping contract,
and advise the City of Buena Park of the proposed work.
In regard to Item #4. Approval of the City Council Minutes of the Special
Meeting of July 21. 1987. the Regular Meeting of July 27. 1987. and the
Adjourned Regular Meeting of July 29, 1987. Councilman Coronado referred to
the Minutes of July 27. 1987. page 10. Consent Calendar, wherein it was stated 't>,,"!Jf!.
that: "It was moved by Councilman Coronado and seconded by Councilman
Coronado...." was incorrect. The Minutes to be amended to reflect the
fOllowing: "It was moved by Councilman Coronado and seconded by Councilwoman
Arnold.... "
Regarding the matter of Item #11. Consideration of the Employment List for
Building Inspector, Councilman Davis asked about the possibility of re-
recruiting for Building Inspector as no candidate for the position received an
"excellent" rating. The Assistant to the City Manager responded that over 60
applications had been received; the top three candidates have been interviewed
by the Building Official and one candidate appears to be well suited and has a
good electrical background. The list does not obligate the Building Official
to hire this person; however, if it is determined that the person meets all
the qualifications the list will already have been approved and it was
recommended that the Council certify the Employment List for the position of
Building Inspector as .submitted.
Regarding Item #12, Consideration of Recommendations of Traffic Commission
Meeting of July 24, 1987, Councilman Davis had asked for an explanation of the
staff report dated July 29, 1987, which requested additional red curbing along
Crescent Avenue. Mr. Beardsley responded that a complaint was received from a
resident and, after staff investigation. the situation was found to be lacking
in sight clearance and determined that an additional 60 feet beyond the
existing 20 feet would allow adequate sight distance. It was recommended that
the City Council approve the recommendation of the Traffic Commission and -
adopt a Resolution by title only, title as follows, establishing an additional
60' of "No Parking" on the south side of Crescent Avenue. west of Watson
Street, west of the existing 20' of red curb, providing a total of 80' of "No
Parking."
RESOLUTION NO. 3284
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN
ADDITIONAL 60' OF "NO PARKING" ON THE SOUTH SIDE OF CRESCENT AVENUE,
WEST OF WATSON STREET, WEST OF THE EXISTING 20' OF RED CURB, PROVIDING A
TOTAL OF 80~ OF "NO PARKING."
In regard to Item #13, Consideration of Fiscal Year 1986/87 Arterial Highway
Financing Program Administration Agreement - Ball Road from Valley View Street
to Walker Street, Certification of Right-of-Way and "No Parking" Resolution,
City of Cypress Project No. 8672-10, AHFP No. 1183., Councilman Davis had
requested that the Public Works Director add a fourth recommendation which
read as follows: "Direct staff to include a request for additional County
AHFP funds at the time of the Final Project Report, to provide an equitable
cost-sharing of eligible project costs." and the Acting City Manager also
stated that, in the third recommendation, "Walker Street" be changed to "Ball
Road." It was recommended that the City Council: 1) approve the
Administrative Agreement for AHFP Project No. 1183, Ball Road, and authorize
the Mayor to sign the Agreement and the City Clerk to attest; 2) Authorize the J'>(
Mayor to sign the Right-of-Way Certification and the City Clerk to attest; and
3) Adopt the Resolution by title only, title as follows, establishing "No
Parking" areas on Walker Street with the project limits.
RESOLUTION NO. 3285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING" AREAS.
Regarding Item #14, Consideration of Adoption of Ordinance Establishing the
Cable Television Commission and a Resolution Providing for Compensation for
the Commission Members, it was recommended that the City Council approve the
first reading of the Ordinance by title only, title as follows, establishing
the Cable Television Commission and adopt the Resolution providing for the
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payment of compensation to the Commission members. Councilman Coronado
declared that he was abstaining on this matter.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS
2-20 - 2-27 INCLUSIVE TO CHAPTER 2. ARTICLE IV OF THE CODE OF THE CITY
OF CYPRESS. RELATING TO THE ESTABLISHMENT OF THE CABLE TELEVISION
COMMISSION.
RESOLUTION NO. 3286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR
THE PAYMENT OF COMPENSATION TO MEMBERS OF THE CABLE TELEVISION
COMMISSION OF THE CITY OF CYPRESS.
With regard to Item N19, Consideration of Revision to Development Condition
for DRC 86-21, Sony. Inc., City of Cypress Project No. 8713-90, Councilman
Davis asked for a response from the Public Works Director who stated that the
construction will be provided the same as required under the original
Condition 32; however, the construction will be done using the same funds but
will be administered by the City rather than the developer. It was
recommended that the City Council approve the revised Condition 32 of DRC 86-
21, as outlined in the staff report dated July 29, 1987.
Mayor Kanel suggested that Items 4. 11, 12, 13. 14 and 19 be incorporated into
one motion. It was moved Councilman Mullen and seconded by Councilman Davis
to approve Items 4, 11, 12, 13, 14 and 19 of the Consent Calendar with the
understanding that Councilman Coronado abstained on Item 14.
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES: (Second Reading)
It was moved by Councilman Mullen and seconded by Councilman Davis to adopt
the Ordinance by title only, title as follows, authorizing public improvement
programs and fees.
ORDINANCE 778
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING
PUBLIC IMPROVEMENT PROGRAMS AND PUBLIC IMPROVEMENT FEES.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The meeting was called back to order at 7:37 p.m. with all Councilmembers and
staff present as before and staff members DeCarlo, Eynon and Krauss.
PLEDGE OF ALLEGIANCE. Councilman Coronado led the pledge.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to
any matter that was on the 7:30 p.m. Agenda. No one wished to speak.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE; AMENDMENT TO CONDITIONAL
USE PERMIT NO. 87-2. CONSTRUCTION OF SWIMMING POOL AT A MOTEL, 5311 LINCOLN
AVENUE. Mayor Kanel declared the public hearing open. The Planning Director
summarized the staff reports dated May 29, July 6, 20 and 30, 1987 and stated
this matter was continued from the July 27, 1987 meeting to provide an
opportunity for Councilman Davis and a member of the planning staff to meet
with a representative of the Automobile Club of Southern California to
determine the type of conditions that the AAA would require for a two star
rating. They would not require a pool; however, the other items mentioned
would assist in obtaining a two star rating. The intent of the visit was to
alleviate some of the concerns and clarify some of the contradictions.
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After further discussion. Mayor Kanel asked if anyone wished to speak in
support of the application.
Mr. Malchon Kao. 1912 Via Del Rey. South Pasadena, representing the applicant,
stated he had talked to the Planning Department today. had been apprised of
eight additional conditions and would comply with those conditions.
The Mayor asked if anyone wished to speak in opposition to the application.
No one wished to do so.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close
the public hearing and adopt the Resolution by title only title as follows.
approving C.U.P. 87-2 subject to the original conditions plus the eight
additional conditions recommended by staff.
Councilwoman Arnold expressed her opposition to the project stating the
construction of a motel was not the best use for that parcel and the density
and traffic problems are too great for that size of an area.
RESOLUTION NO. 3287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-2 - WITH CONDITIONS.
The motion carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Mullen & Kanel
NOES 1 COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF VARIANCE NO. 87-4 AND DESIGN REVIEW COMMITTEE
NO. 87-14. DENTAL OFFICE/RETAIL BUILDING, 9032 WALKER STREET, CYPRESS. Mayor
Kanel opened the public hearing. Mr. Barrett stated that the applicants have
indicated that they wish to withdraw their application due to financing
problems; however, the staff has requested this item be continued to the
August 24 meeting in order to receive the formal written withdrawal request.
It was moved by Councilman Mullen and seconded by Councilman Coronado and
hearing no objection, Mayor Kanel continued this item to the August 24
meeting.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-14, MINI-MARKET WITH OFF-SALE BEER & WINE, GASOLINE SALES AND TUNE-UP
CENTER, 4900 BALL ROAD, CYPRESS. Mayor Kanel declared the public hearing
open. The Assistant City Manager directed Council's attention to a letter
received today from Richard Anderson of Cypress Printing urging the Council to
vote in favor of this project. Mayor Kanel then read, for the record, a
letter from Richard Anderson, owner of Cypress Printing at 5231 Lincoln,
Cypress, dated August 6, which is on file in the City Clerk's office.
The Planning Director summarized the staff reports dated July 21, which
included 21 conditions and August 4, regarding a request to permit the
construction of a mini-market with off sale beer and wine, an auto tune-up
center and two gasoline pump islands, located at 4900 Ball Road in the CN
Commercial Neighborhood Zone. The plan proposed construction of a new MP&G
Tune-up Center containing 1,320 square feet of service bay area and a 3820
square foot building containing both the MP&G office and AM/PM Mini-Market
(open 24 hours per day). Ms. Eynon suggested another condition be added
prohibiting video games, bicycle racks and public telephones to prevent
loitering.
Mayor Kanel asked if anyone wished to speak in support of the application.
Ms. Lynn Beteag, Arco Regional Office, 17315 Studebaker Road, Cerritos,
presented a rendering of the proposed building featuring a Mediterranean-style
design in an attempt to coordinate with the future Fieldstone development
project.
In response to a question from Mayor Kanel, Ms. Beteag responded that the
AM/PM mini-mart standard building size is 2,500 square feet and this proposed
building differs in that it will be 3,820 square feet and it will be in the
Mediterranean style.
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Councilwoman Arnold stated that after further investigating Arco's policy on
enforcement of no alcohol sales to minors. she would support this project and
feels Arco has done a very professional job in planning this new AM/PM Mini-
Market.
Mayor Kanel asked the Planning Director if there was a condition prohibiting
window signs advertising alcoholic beverages and he suggested making such a
requirement a separate condition.
In response to a question from Councilman Coronado, Ms. Beteag stated that the
fuel storage tanks presently in the ground were replaced approximately one
year ago and will not be moved with the remodel.
Councilman Coronado stated that he was leaning toward supporting the project
but that did not eliminate his concern about the mixing of alcohol and
gasoline.
Mayor Kanel asked if anyone wished to speak in opposition to the application.
Mr. Jack L. Haxton, Attorney, 8372 Sparrow Lane, La Palma, reported he
represented three individuals, Joe Pullens, 5451 Cynthia Circle, Cypress. John
Jonlick, 4783 Larwin, Cypress and also Mr. Chang Cho, who operates Eddie's
Market at the corner of Moody and Ball. He stated he has polled the adjacent
neighborhood and found the vast majority of neighbors opposed to the proposed
project primarily because of beer and wine sales. He also provided the
Council with a petition of 112 signatures of Cypress residents and feels there
is sufficient community opposition to the project and asked the Council to
deny the application.
Ms. Candice Montoya. 10292 Ethel, Cypress, advised that there is already a
traffic problem in that area, mini-marts are too often responsible for the
sale of alcohol and tobacco to children and felt it was time to stop alcohol
sales on every street corner.
Mr. Harry Manos, 4251 Avenida Madrid, Cypress, expressed his opposition to the
application of the Arco AM/PM mini-market and off sale beer and wine.
Mr. Bill Edwards, 5081 Myra Avenue, Cypress, stated Arco should be allowed to
construct the mini-mart and if the sale of beer and wine becomes a problem
then shut that part of the problem down.
Ms. Virginia Caldwell, 4134 Elizabeth Court, Cypress, advised the Council that
she is still opposed to the sale of beer and wine at the Arco mini-market.
There were no other speakers in support or opposition to the application.
Councilman Mullen expressed his support of the project and he believed that
the vacant lot, which is undevelopable on its own, is the overriding issue.
Mayor Kanel was also in favor of the project because of the benefit afforded
the Cypress College Foundation.
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 C.U.P. No. 87-14 subject to the 26 conditions recommended by staff,
with three additional conditions: 1) prohibit video games, public telephones
and bicycle racks; 2) no outside signs advertising alcoholic beverages and no
signage advertising beer or wine will be displayed in the windows that are
visible from the public right of way and; and 3) alcohol sales to be stopped
at 12:00 a.m.
Councilman Davis stated he was actively involved in creating legislation
opposing the sale of alcohol at gas stations and; therefore, opposes the
application.
RESOLUTION NO. 3288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-14 - WITH CONDITIONS.
The motion carried with the following roll call vote:
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AYES: 4 COUNCILMEMBERS: Arnold. Coronado, Mullen & Kanel
NOES: 1 COUNCILMEMBERS: Davis
ABSENT: 0 COUNCILMEMBERS: None
RECESS: The Mayor called a brief recess at 9:05 p.m. The Council reconvened
at 9:22 p.m. with all members present.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 87-6 AND
DESIGN REVIEW COMMITTEE NO. 87-25, DECREASE SETBACK ADJACENT TO RESIDENTIAL
ZONE FOR A COMMERCIAL BUILDING, 9081 TO 9101 WALKER STREET, CYPRESS. Mayor
Kanel declared the public hearing open. Mr. Barrett summarized the staff
report dated August 4. 1987 indicating the Council had continued this item to
the August 10 meeting in order for the Planning staff to meet with the
applicant to determine other alternatives and called on Chris Eynon to update
the staff report. The Planning Director responded that the staff contacted
Mr. Moffett, who indicated that he would be willing to compromise by providing
a three foot rear yard setback instead of zero foot. which staff indicated
didn't address the issue that was identified. A variance may be granted by
the City due to a demonstrated hardship or unusual circumstances regarding the
property and. in this case, staff was still unable to determine a hardship.
After further discussion and in response to questions from the Mayor, the
Planning Director stated she would prefer zero setback as opposed to a three
foot setback which usually turns into a trash collection area and is otherwise
difficult to maintain.
The City Attorney explained that essentially the building is too big for the
size of the lot. The only way they can construct a building that large is
request a variance and staff is in a position where they cannot recommend a
variance be granted and if Council desires to allow variances in these
instances. the ordinance needs to be changed.
The Planning Director suggested this might be an opportune time to look at how
the Council wants staff to interpret the code as the latitude needed is not
currently available the way the code is now written.
Mayor Kanel remarked that there are older areas that want to expand and if we
are going to be able to accommodate them, we are going to have to change some
codes, maybe using a conditional use permit.
Councilman Coronado stated that he was still not satisfied with the plans and
was not ready to act on this matter yet.
Councilman Mullen stated if Council would find there is sufficient reason for
a hardship on the applicant because of the unique circumstances that apply to
this property then the variance could be granted.
Councilwoman Arnold responded that she believes Council is addressing a
hardship here because each of the parcels alone could not support a business,
and without enough square footage, there is no way to make the money to pay
for the overhead and she is in favor of allowing this building to remain on
the lot line.
Councilman Davis reiterated his concern for establishing a precedent and would
defer this matter to be sure we are doing the right thing and not creating
another problem.
Mayor Kanel asked if anyone wished to speak in support of the application.
Mr. Jim Moffett, Beck Moffett & Associates, 1224 Village Way, Santa Ana.
stated that since the the purpose of the 20 foot setback was to establish
distance between the commercial and residential property that is behind it and
there is already 10 to 15 feet between the lot line and the existing
residences. his clients were willing to allow a three to five foot setback,
and landscaping to provide privacy for the adjacent residences.
In response to a question from Councilman Mullen, the City Attorney stated
that he believed the Council could find grounds for hardship based upon the
circulation being limited with a zero lot line on the one side.
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City Council Minutes August 10. 1987
After further discussion. Councilman Mullen stated, based on the City
Attorney's advise, that a hardship finding can be made due to the
configuration of the present building and if approved with a five foot setback
it would be a loss of 825 square feet of building, he would suggest that the
length of the building be reduced to increase the setback on the south side.
That would give the residents the advantage of more privacy and constitute a
reasonable compromise for all the parties. The Planning Director added that
this reduction in the square footage would take care of the three parking
spaces that the applicant otherwise needed to meet code requirements.
Councilman Mullen suggested to the applicant if there is a compromise to a
zero lot line on the west. with a 20 foot setback on the south. there will
still be an increase of square footage and the whole project will improve
aesthetically.
The applicants stated they would agree to Councilman Mullen's proposal.
The Planning Director felt that Councilman Mullen's suggestion was workable.
In response to the Planning Director's concern on how to avoid case-by-case
Council review of this type of issue, Councilman Mullen stated that the code
does need to be modified to allow more flexibility.
The Mayor asked if anyone wished to speak in opposition to the application.
No one wished to do so~
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 to
grant Variance 87-6 and Design Review Committee No. 87-25, decreasing the
setback adjacent to a residential zone for a commercial building, 9081 to 9101
Walker street, Cypress, based on the findings that there are exceptional or
extraordinary circumstances or conditions applicable to the property involved
which do not apply generally to other properties in the same zone. This
action is based upon the finding that if a building exists that was approved
by the city with a zero lot line at the northend of the proposed project, it
would be illogical to have a different setback in what would become one
single, large building and that the setback on the southend of the building
being increased from 10 feet to 20 feet with the additional 10 feet to be
landscaped will mitigate the impact of the additional zero lot line building.
RESOLUTION NO. 3289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO DECREASE THE REQUIRED 20' SETBACK TO ZERO FROM THE WEST PROPERTY
LINE - VARIANCE NO. 87-6.
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
Councilman Mullen requested staff review the present ordinance and address the
problem and return with appropriate recommendations for revision. Councilman
Davis recommended this matter be discussed in a workshop.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-17. 40-UNIT APARTMENT COMPLEX, 6402-6420 ORANGE AVENUE, CYPRESS. Mayor
Kanel opened the public hearing. The Planning Director summarized the staff
report dated August 3, 1987 which described a request to construct 40
apartment units on a 1.6 acre site located at 6402-6420 Orange Avenue in the
RM-20/CC Residential Multiple-Family/Civic Center Combining Zone, including a
seven-unit density bonus allowance. The plans indicate that the project will
have 16 one bedroom units and 24 two-bedroom units and the units will be
located at the northwest and center of the parcel. Each unit has a deck or
patio. The applicant is proposing to construct 64 covered spaces and 18
guest/open parking spaces, proposed to be located at the perimeter of the site
and meeting minimum parking and landscaping requirements. Staff is
recommending the building have red clay tile roofing, a red clay colored
coping for the roof line and red clay band between the floor which extends the
full length of the buildings; the final exterior color scheme will be
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submitted to staff prior to the issuance of a building permit. One of the
recent changes was to add a gazebo to the front of the property and Ms. Eynon
stated she didn't believe it feasible to add a play area at the front of the
apartment building. Notices of the public hearing were posted. published and
mailed to all property owners within 300 feet of the subject parcel and one
complaint was received from a resident residing on the property who is
concerned about being relocated. Staff is recommending the Council approve
the Conditional Use Permit No. 87-17 subject to the conditions in Exhibit "A".
Mayor Kanel asked if anyone wished to speak in support of the application.
Mr. Paul Riggs, Professional Planning Associates. (no address given). advised
they were the planners and architects for the applicant and have been working
with staff for some months and had some questions about some of the
conditions; namely, the cost factor of the red tile roof, which is
approximately $137,000 over and above the composition roof.
Mr. Thomas Battaglia. 18872 MacArthur. Irvine, the applicant, stated the rents
are set by what is comparable in the neighborhood and cannot be raised that
much more to compensate for the roof. He also remarked that he might prefer
another kind of tile roof and objected to not being given any parameters.
Councilman Mullen asked the Planning Director if there might be a compromise
with a cement tile roof and she responded that she would look at other types
of tile to see how they would work with the building, but staff is not
satisfied with the composition roof.
Councilman Davis asked that the owner address the parking situation and
arrange the plan so the parking was not visible from the street.
Mayor Kanel asked if anyone wished to speak in opposition of the application.
Mr. Larry Lawson, 6402 Orange Avenue, Cypress. related that Mr. Battaglia has
not been very honest with the current tenants and referred to several letters
sent to the tenants, which Mayor Kanel read into the record from FOG
Partnerships to Larry and Peggy Lawson, a copy of which is on file in the City
Clerk's office. Mr. Lawson stated he received his 30 day termination notice
Saturday after they had asked Mr. Battaglia to give them as much time as
possible. When he moved in. he paid first and last month's rent and cleaning
deposit and Mr. Battaglia is not refunding any of it.
In response to a question from Mayor Kanel, the City Attorney responded that,
on a month-to-month tenancy, 30 days is the notice that can be given; however,
if he has paid his rent for the current month then he would have 60 days.
Ms. Dorothy Broten, 6410-B Orange Avenue, Cypress, a tenant, stated she had
called Mr. Battaglia's office for the return of the rent and was told she had
to wait until they moved to see if there where any damages and then 14 days
after that the money would be returned.
Responding to questions from the Council, Mr. Battaglia agreed to refund all
unused rent monies and cleaning deposits and agreed to put that statement in
writing. The City Attorney requested Mr. Battaglia put his statement in
writing to each of the tenants.
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.
approving C.U.P. No. 87-17 subject to conditions recommended by staff and, in
addition, staff's review and recommendation on the roof. gazebo and visibility
of carports from the street.
RESOLUTION NO. 3290
A RESOLUTION OF THE CIY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 87-17 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
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CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-18, RETAIL SHOPPING CENTER, NORTHWEST CORNER OF KATELLA AVENUE AND
MERIDIAN DRIVE. Mayor Kanel referred to the staff reported dated August 4,
1987 in which the staff recommended this matter be continued to the August 24,
1987 Council meeting.
It was moved by Councilman Mullen and seconded by Councilman Coronado and
hearing no objection, Mayor Kanel continued this matter to August 24, 1987.
CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF VARIOUS BUILDING CODES AND
CERTAIN AMENDMENTS THERETO. Mayor Kanel declared the public hearing open.
The Assistant City Manager suggested that discussion on the fireworks ban be
held simultaneously with this matter since the building codes provide for the
sale of fireworks. Mr. Beardsley summarized the staff report dated August 3,
1987 which described the adoption of a number of building codes as required by
the State Health and Safety Code and the City has one year to make any
amendments. with justification, to the codes for local conditions. If no
amendment is made. the City is bound to enforce the state building codes as
adopted by the State. Section 2604(f) has been amended providing for a Type
VI concrete with a minimum 10 mil thickness moisture barrier to help preclude
the situations experienced with the concrete erosion; Section 10.308(b) adds
the condition of sprinklering all buildings exceeding 6,000 square feet and
provides for all multiple family dwellings of 3 units or more to have interior
sprinklers. The codes under consideration included the current provision
which allows fireworks in the City of Cypress.
The staff and the City Attorney suggested that Council proceed with the
Ordinance and Resolutions prepared even though there are provisions on
fireworks and if the fireworks ban is to be considered that it be set for
public hearing at a later date because it was noticed for discussion only.
Mr. Jim Stone. Fire Marshal for the Orange County Fire Department, which
provides fire protection for the City of Cypress, requested the opportunity to
discuss the fireworks issue and urged the Council adopt the 1985 edition of
the Uniform Fire Code. The section in the code on fireworks makes it unlawful
to use or sell fireworks and Mr. stone strongly recommended that this section
not be amended to allow fireworks.
After further discussion, Mr. Stone stated that the request the Orange County
Fire Department is making of the Council is consistent with the requests being
made of all their jurisdictions, including the County.
Ms. Pam Zanelli, Community Spokesperson for the California Pyrotechnics
Association. 2730 North Concord Street, Santa Ana, stated the industry
believes there is a tremendous amount of confusion in the differences between
illegal dangerous fireworks and the safe and sane variety that are approved
and subject to the most stringent regulations. She agreed a public hearing to
point out the very clear differences between the illegal fireworks and the
safe and sane variety would be beneficial and looked forward to participating
in the hearing.
Mayor Kanel asked if anyone wished to speak in support or in opposition to the
codes and amendments. No one wished to speak.
It was moved by Councilman Mullen and seconded by Councilman Davis to adopt
the Resolution by title only, title as follows, to determine that
modifications to the 1985 edition of the Uniform Building Code are reasonably
required and to approve the second reading of the Ordinances by titles only,
titles as follows:
RESOLUTION NO. 3291
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPLEMENTING
RESOLUTION NO. 3267 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A
DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO
THE 1985 EDITION OF THE UNIFORM BUILDING CODE ARE REASONABLY REQUIRED BY
LOCAL CONDITIONS WITHIN THE CITY OF CYPRESS.
ORDINANCE NO. 779
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY
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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
OF DANGEROUS BUILDINGS. 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. 780
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.
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
After further discussion, it was moved by Councilman Davis and seconded by
Councilman Mullen setting a public hearing on the Consideration of Fireworks
Ban (Ordinance deleting modifications to the 1985 Uniform Fire Code Standards
allowing fireworks) for October 13. 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 PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORINANCE NO. 87-
6, BUS SHELTERS CONTAINING SIGNS IN THE PUBLIC RIGHT-OF-WAY CITY-WIDE. Mayor
Kanel opened the public hearing and referred to the staff report dated July
31, 1987 which describes a request to amend the Zoning Ordinance to allow bus
shelters containing advertisement in the public right-of-way.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
continue this hearing to August 24, 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-12, TRUCK
RENTAL SERVICE. 5001 CERRITOS AVENUE. Mayor Kanel referred to the staff
report dated August 3, 1987, which requested that Conditional Use Permit No.
87-12 be continued until the City Council meeting of August 24, 1987 to allow
staff additional time to prepare and review the proposed ordinances.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
continue this matter to August 24, 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 PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 87-3,
TWO MONUMENT SIGNS PER ENTRY LOCATED IN THE PC-5 ZONE and CONSIDERATION OF
PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 87-7. ESTABLISH
DEVELOPMENT STANDARDS FOR NEW RESIDENTIAL ADDITIONS AND REROOFING. Mayor
Kanel opened the public hearings on the above items and the Assistant City
Manager recommended that these two items be continued to the next meeting.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
continue Zoning Ordinance 87-3 and Zoning Ordinance 87-7 to August 24, 198Z
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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. 87-20, ONSITE
SALE OF BEER & WINE, COUNTRY KITCHEN RESTAURANT, 6151 BALL ROAD. Mayor Kanel
opening the public hearing and referred to staff report dated July 30, 1987
wherein the applicant, Tony Kato, asked to withdraw Conditional Use Permit No.
87-20 since he is considering selling his business and requested a refund of
the application fee.
It was moved by Councilman Mullen and seconded by Councilman Davis to deny
Conditional Use Permit No. 87-20 without prejudice and allow the $250
application fee refund. Councilman Davis suggested that if staff goes through
the process of opening a C.U.P. and expends time, it would be prudent that
those expenses be the applicant's responsibility and when this type of request
is received in the future, we should subject it to those expenses.
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
It was moved by Councilman Davis and seconded by Councilwoman Arnold
instructing staff to research the City expenses incurred prior to the
withdrawal of a C.U.P. and report back to Council on the feasibility of
creating some expense items or other means of retaining some of the fees when
these C.U.P.s are withdrawn.
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: CONDITIONAL USE PERMIT NO. 87-21, CHURCH,
6169-6173 BALL ROAD, CYPRESS. Mayor Kanel opened the public hearing and
referred to staff report dated August 3, 1987 wherein the applicant, Carl
Friedrich, requested that Conditional Use Permit No. 87-21 be withdrawn since
he has found another location for the church in the City of Anaheim and is
also requesting a refund of the application fee.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to deny
C.U.P. 87-21 without prejudice and allow the $250 application fee refund.
The motion unanimously carried with 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. 87-19, SIX
APARTMENT UNITS. 9532 WALKER STREET. CYPRESS. Mayor Kanel declared the public
hearing opening. The Planning Director summarized the staff report dated
August 4, 1987, which represented a request to construct six apartment units
on a 15,125 square foot parcel located at 9532 Walker Street in the RM--20
Residential Multiple-Family Zone. She reported that the apartments will
consist of two bedrooms and one bath, with the interior configurations being
identical in each 928 square foot unit. The Planning Director indicated it is
a very difficult parcel to work with and the applicant has worked diligently
to create the best possible site plan. C it i ng the Counc i 1 . s prev i ous concern
about carport visibility from the street, it was noted that this plan has the
actual carport located in front of the units because of the narrow lot.
Notices of the public hearing were posted, published and mailed to all
property owners within 300 feet of the subject parcel and no comments were
received. Staff recommends that the City Council approve Conditional Use
Permit No. 87-19 subject to the conditions in Exhibit "A" attached; however,
aesthetic consideration such as the carports located in front of the units is
still a concern.
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Councilwoman Arnold and Councilman Davis remarked about the lack of aesthetics
of the proposed apartment building and the need for the units to be enhanced
with additional accents.
Mr. Carlos Cota, 8672 Watson Street, Cypress, representing the applicant,
agreed to a continuation of this hearing and stated. for the record, that
because of the narrowness of the lot there have been quite a few problems with
the carport in front and the original idea was to place the parking beneath
the apartments but because of the driveway requirement it was too difficult to
accomplish.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
the hearing on C.U.P. 87-19 to the September 14 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
CONTINUATION OF CONSIDERATION OF THE CABLE TELEVISION ADVISORY COMMITTEE'S
REPORT ON GRANT GUIDELINES. This item was discussed during the 5:30 p.m.
session and no action was taken at that time on advice of the City Attorney
because the item was scheduled during the 7:30 p.m. Agenda.
It was moved by Councilman Mullen and seconded by Councilman Davis to refer
this item back to the staff to provide information relative to the start up
dates (when the program would begin), the amount ($10,000); the reporting
(updates on how the program is progressing).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 87-32, THREE-
STORY OFFICE BUILDING, NORTHEAST CORNER OF BUSINESS CENTER DRIVE AND COMMERCE
STREET. The Mayor called upon the Planning Director to summarize the staff
report dated August 3, 1987 which revealed the Cabot, Cabot and Forbes
representative has met with staff and it is believed that a compromise has
been reached on the building design.
Mr. Jeff Smith, Cabot, Cabot and Forbes, 2390 E. Orangewood, Ste. 380,
Anaheim, stated he would be glad to answer any questions from Council.
An artist's rendering of the new architectural plan was presented, and Mr.
Smith explained what had been done to improve the lines of the proposed
building.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
receive and file Design Review Committee No. 87-32.
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 ACCEPTANCE OF A LETTER OF RESIGNATION FROM TRAFFIC
COMMISSIONER D. MICHEL BELSKY AND CONSIDERATION OF APPOINTMENT TO FILL THE
VACANCY. Mayor Kanel referred to the staff report dated August 5, 1987
advising the Council that D. Michel Belsky has submitted a letter of
resignation from the Cypress Traffic Commission, effective July 13, 1987. As
a result of the interviews that were conducted by the City Council in February
1987, there are four candidates remaining on the list for Traffic Commission.
with Mr. David Garber ranked next on the list.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
accept the resignation of D. Michel Belsky and appoint David Garber to the
Traffic Commission. Due to the small number left on the list, it was
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requested that when another vacancy occurs. the Council should accept new
applications and re-interview.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado. Davis, Mullen & Kanel
NOES:P 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF MEETING WITH SENATOR CECIL GREEN. Mayor Kanel referred to a
communication from Michael P. McMahon, Chief of Staff from Senator Cecil
Green's Office, which requested a meeting with the City Council to discuss
matters of mutual interest. The City Manager had discussed with a
representative of Senator Green's office the possibility of scheduling a
breakfast meeting with the City Council on Monday, September 14.
After further discussion. it was requested by Council that the Assistant City
Manager attempt to arrange a breakfast meeting with Senator Green in October.
CONSIDERATION OF TERMINATION OF STREET SWEEPING AGREEMENT WITH THE CITY OF LA
PALMA. Mayor Kanel referred to the staff report from the Public Works
Department dated July 29, 1987 which described a 1982 agreement between the
City of La Palma and the City of Cypress to provide street sweeping services
to La Palma. The agreement with La Palma currently provides for compensation
to Cypress of $44 per hour of service. In an effort to achieve the goal of
sweeping every Cypress street every week, staff is recommending that the
street sweeping agreement with the City of La Palma be terminated and the
effective date of termination of said agreement be no later than October 30,
1987.
It was moved by Councilman Mullen and seconded by Councilman Coronado to
approve the staff recommendation that the street sweeping agreement with the
City of La Palma be terminated no later than October 30, 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 URGNECY ORDINANCE TO AMEND THE PERS MISCELLANEOUS RETIREMENT
PLAN TO PROVIDE SECTION 21380.87 - 1959 SURVIVOR BENEFIT, INCLUDING 21382-4
(THIRD LEVEL OF 1959 SURVIVOR BENEFIT). Mayor Kanel referred to the staff
report dated July 31, 1987, which described the City Council's approval of a
Resolution of Intention to approve an amendment which provides an allowance to
qualified dependents of an employee should he/she die while employed with the
City. Staff recommended: 1) the passage of an urgency ordinance so that the
employees may be covered by this benefit as soon as possible; and 2)
authorization for the Mayor to sign and the City Clerk to attest the subject
amendment to the contract between PERS and the City of Cypress.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to adopt
the Urgency Ordinance and approve the first reading of the regular ordinance
by title only, title as follows, to amend the City's PERS contract with its
miscellaneous employees.
ORDINANCE NO. 781
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
- CITY OF CYPRESS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
CYPRESS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
The motion unanimously carried with the following roll call vote:
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AYES: 5 COUNCILMEMBERS: Arnold, Coronado. Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 29676 _
22007. It was moved by Councilman Coronado and seconcded by Councilman Davis
to approve the Warrant List for Warrants #29676 - 22007 in the amount of
$888,677.74. The motion carried unanimously by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold. Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: Mayor Kanel asked if anyone wished to speak on matters
not on the Agenda.
Mr. Harry Manos, 5142 Avenida Madrid, Cypress. asked the City Council to
explore all possible avenues that would lead to the acquisition of the Los
Alamitos Race Track and abandoned golf course by the City of Cypress. He also
expressed his dissatisfaction with the lack of promotion and advertisement for
the Los Alamitos Race Track.
ADJOURNMENT: Mayor Kanel adjourned the meeting at 12:37 a.m.
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