Minutes 88-02-08
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132
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
February 8. 1988
The regular meeting of the Cypress City Council was called to order at 5:50
p.m. on Monday. February 8. 1988. in the Cypress City Council Chambers. 5275
Orange Avenue. Cypress. California. Mayor Margaret Arnold presiding.
PRESENT: Councilmembers Kanel, Mullen and Arnold
ABSENT: Councilmembers Coronado and Davis
Also present were City Manager/City Clerk Darrell Essex. City Attorney Jerry
Patterson and staff members Beardsley. DeCarlo. Hurst and Krauss.
ORAL COMMUNICATIONS: Mayor Arnold asked lf anyone wished to speak of matters
on the 5:30 p.m. portion of the Agenda. No one wished to do so.
CONSIDERATION OF AWARD OF CONTRACT FOR RENTAL OF PASSENGER VEHICLES AS
REQUIRED BY THE CYPRESS POLICE DEPARTMENT: The City Council at its regular
meeting of January 26. 1987 awarded a one (1) year contract. which expired on
January 31. 1988. to Nissan of Cypress for the rental of two (2) passenger
vehicles per month at a rate of $300.00 each. The Police Department has
requested renewal of the contract for a one (1) year period at the same rate
per vehlcle. Staff recommended the Clty Council authorize renewal of the
contract with Nissan of Cypress for the rental of two (2) passenger vehicles
for the period February 1. 1988 through January 31. 1989.
It was moved by Councilman Mullen and seconded by Councllman Kanel to renew
the contract with Nissan of Cypress. 5800 Llncoln Avenue. Cypress. CA 90630.
for the rental of two (2) passenger vehicles at $300.00 per month. per
vehicle. for use by the Cypress Police Department. including the standard hold
harmless statement for the period February 1. 1988 through January 31. 1989.
The motion unanlmously carried by the followlng roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF REQUEST TO EXTEND CITY CONTRACTS FOR CITY NEWSLETTER
TYPESETTING AND PRINTING SERVICES FOR THE JANUARY/FEBRUARY 1988 ISSUE: The
staff report dated February 3. 1988 indicated that City contracts with Sequoia
Typesetting of Cypress and Langdon Printing of Fullerton for the provision of
servlces in connectlon wlth producing the bl-monthly Cypress City News expired
on February 1. 1988; however, they have agreed to extend the contracts with
the City to cover this one additlonal issue of the newsletter at the contract
prices. Staff recommended that the contracts with Sequola Typesettlng and
Langdon Printing be extended to cover the January/February 1988 lssue of the
Cypress City News.
It was moved by Councilman Mullen and seconded by Councilman Kanel to extend
the typesetting contract wlth Sequoia Typesetting. 4752 Lincoln Avenue.
Cypress and the printlng contract with Langdon Printing. 2500 E. Fender,
Fullerton. CA to cover the January/February 1988 issue of the Cypress City
News. The motion unanlmously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE VEHICLE REPLACEMENT: The staff
report dated February 1. 1988 lndicated there are three (3) police black and
white units for replacement and the unlt selected is a 1988 Chevrolet Caprice
Sedan Model IBL69. Maurice J. Sopp and Sons Chevrolet have agreed to allow
the City of Cypress to participate ln the initial order process thereby
guaranteelng the lowest bid cost. The cost for vehicles equipped as per
Police Department request is $12.582.58 each or a total cost of $37.747.74
wlth outfitting/conversion to be completed by Hi Standard Automotive at a cost
not to exceed $700.00 per vehicle. The Police Department requested that the
City of Cypress release a "Letter of Intent" to purchase five (5) vehicles
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City Council Minutes February 8. 1988 133
after July 1. 1988. This actlon will guarantee the same per vehicle cost and
there lS no obllgation for the future purchase should the City Council not
approve the order in July 1988.
It was moved by Councilman Kanel and seconded by Councilman Mullen to: 1 )
dispense with formal competitive bidding pursuant to City Code Section 21A-8f;
2) authorize the purchase of three (3) black and white patrol vehicles under
the Los Angeles Sherlff"s Department contract with Maurlce J. Sopp and Sons
., Chevrolet, 5801 Paclfic Blvd.. Huntington Park. CA 90255. in the amount of
$37.747.74; and 3) authorlze the submittal of a Letter of Intent for the five
(5) patrol vehicles to be replaced in the 1988/1989 fiscal budget. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF AWARD OF CONTRACT FOR BACKSTOP EXTENSION AT OAK KNOLL PARK.
REQUEST FOR QUOTATION ##8788-31: The staff report dated January 20, 1988
lndicated three bids were received for the proposed backstop extension at Oak
Knoll Park. Staff recommended that the Clty Council. acting as the ex officio
governing Board of Directors of the Cypress Recreation and Park District
accept the bid received from Commercial Fence Company for the backstop
extension.
It was moved by Councilman Mullen and seconded by Councilman Kanel, acting as
the ex offlcio governing Board of Directors of the Cypress Recreation and Park
Distrlct: 1) accept the bid received from Commercial Fence Company. 13747 E.
Midway Street, Cerritos. CA 90701 as the lowest responsible bidder and award a
contract in the amount of $6.159.00 and 2) appropriate $659.00 from the
unreserved fund balance of the general fund to account 4186-12-503.29. The
motion unanimously carried by the followlng roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" were considered by
the City Council to be routlne and to be enacted by one motion approving the
recommendatlons listed on the Agenda.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve
the Consent Calendar Items #6 through #30. The motion unanimously carrled by
the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCIlMEMBERS: Coronado and Davis
Item #6: Motion to Approve City Council Minutes of the Adjourned Regular
Meeting of November 30. 1987. and the Regular Meetings of January 11. 1988 and
January 25, 1988.
Recommendatlon: That the City Council approve the Minutes of November 30,
1987 (corrected). January 11. 1988 and January 25, 1988, wlth Councilman
Coronado abstaining on the November 30. 1987 Minutes and Councilman Kanel
abstaining on the January 11. 1988 Minutes. due to their absence at the
respective meetings.
Item ##7: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #8: Consideration of Adoption of Resolution Commending the City of
Orange on lts Centennial.
Recommendation: That the City Council adopt the Resolution by title only.
title as. follows. commending the City of Orange on its toOth Anniversary of
incorporation.
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134ity Council Minutes February 8. 1988
RESOLUTION NO. 3349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
CITY OF ORANGE ON ITS 100TH ANNIVERSARY OF INCORPORATION.
Item ##9: Consideration of Proclaiming February 1988. as "Community College
Month" and February 7-13. 1988. as "Vocational Education Week" in the City of
Cypress.
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Recommendation: That the Mayor and City Council officially proclaim the month
of February 1988. as "Commun1ty College Month" and February 7-13. 1988. as
"Vocational Education Week" in the City of Cypress as requested.
Item ##10: Consideration of Proclaiming February 22-28. 1988. as "Medical
Assistants Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim the week
of February 22-28. 1988. as "Medical Assistants Week" in the City of Cypress.
Item ##11: Consideration of Proclaiming 1988 as the Beginning of the "Decade
of Peace" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim 1988 as
the beginning of the "Decade of Peace" in the City of Cypress.
Item ##12: Consideration of the City Manager"s Attendance to the League of
California Cities' 1988 City Managers Department Annual Meeting.
Recommendation: That the City Council authorize the attendance of the City
Manager to the 1988 City Managers Department Annual Meeting sponsored by the
League of California Cities, to be held in San Diego. on February 10-12. 1988,
and be reimbursed for all actual and necessary expenses incurred.
Item ##13: Consideration of Claim for Indemnity Filed by Dimino & Card. $'"" ","i'"
Attorneys at Law. On Behalf of David Nolan Lewis.
Recommendation: That the City Council officially reject the subject Claim for
Indemnity and refer it to the City"s Claims Administrator. Carl Warren &
Company, for appropriate disposition.
Item ##14: Consideration of Application for an Original Alcoholic Beverage
License Filed by Lida & Nasser Lahijani. D.B.A. Retail Liquor Store. 5735
Lincoln Avenue. ##A, Cypress.
Recommendation: That the City Council receive and file this application,
contingent upon the approval/disapproval of Conditional Use Permit No. 88-1 to
be considered by the City Council at its February 22, 1988 Council meeting.
Item ##15: Consideration of Application for an Original Alcoholic Beverage
License Filed by Jozsef S. & Marie E. Fekete. D.B.A. Cypress Beverage Liquor,
5531 Lincoln Avenue. Cypress.
Recommendation: Receive and file.
Item ## 16: Consideration of Application for an Original Alcoholic Beverage
License Filed by Bernardino Gomez. D.B.A. Julian's Liquor, 9111 Valley View
Street, Cypress.
Recommendation: That the City Council receive and file this application. -
contingent upon the approval/disapproval of Conditional Use Permit No. 88-2 to
be considered by the City Council at its meeting of February 22, 1988.
Item ##17: Consideration of Application for an Alcoholic Beverage License
Transfer Filed by In Sook & Yun Ki Hong, D.B.A. Sandwich Galley, 11513 Knott
Avenue. Cypress.
Recommendation: Receive and file.
Item ##18: Consideration of Application for an Original Alcoholic Beverage
License Filed by Raul A. Lomeli, D.B.A. Lomeli's Pasta Pizza, 5735 Lincoln
Avenue. ##104, Cypress.
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City Council Minutes February 8. 1988135
Recommendation: That the City Council receive and file this application.
contingent upon the approval/disapproval of Conditional Use Permit No. 88-3 to
be considered by the City Council at a Public Hearlng scheduled for February
22. 1988.
Item ##19: Consideration of Employment List - Public Works Construction
Inspector.
Recommendation: That the City Council certify the Employment List for the
position of Public Works Construction Inspector as submitted.
Item #20: Consideration of Employment List - Planning Technician.
Recommendation: That the City Council certlfy the Employment List for the
position of Planning Technician as submitted.
Item ##21: Consideration of Acceptance of Donations for Park Tree.
Recommendation: That the City Council. and acting as the ex officio Board of
Directors for the Cypress Recreation and Park Dlstrlct. accept the donation of
$150.00 for a park tree in memory of Jeanne Hawkins and acknowledge its gift by
the residents of Shasta Circle and the surrounding neighborhood. in care of
Mrs. Joyce Fujita. 4545 Shasta Circle. Cypress.
Item ##22: Consideration of Employment List - Maintenance Worker I.
Recommendation: That the City Council certify the Employment List for the
position of Maintenance Worker I as submitted.
Item ##23: Consideration of Acceptance of Weed Abatement of Seasonal and
Recurring Weeds and Assessment for Weed and Rubbish Abatement for Phase I for
the 1987-88 Program.
Recommendation: That the City Council: 1) Approve the contract change with
Edwin Webber. Inc.. of Huntington Beach. California. from the original award
of $6.820.00 to the final cost of $9,006.04; 2) Accept the work of weed and
rubbish abatement as being satisfactorily completed in accordance with the
specifications for the work; and 3) Adopt the Resolution by title only. title
as follows. confirming weed abatement assessments and imposing special
assessments as a lien on the parcels shown on Exhibit "A".
RESOLUTION NO. 3350
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS. RUBBISH. REFUSE AND DIRT. PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN
THE CITY OF CYPRESS.
Item #24: Consideration of Recommendations of Traffic Commission Meeting of
January 19. 1988.
Recommendation: That the City Council approve the recommendation of the
Traffic Commission and adopt a Resolution by title only. title as follows.
approving the installation of a "stop" sign for eastbound Executive Drive at
Progress Way and westbound Market Place at Progress Way.
RESOLUTION NO. 3351
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING
"STOP" SIGNS FOR EASTBOUND EXECUTIVE DRIVE AT PROGRESS WAY AND WESTBOUND
MARKET PLACE AT PROGRESS WAY.
Item #25: Consideration of Claim for Indemnification Filed by the County of
Los Angeles.
Recommendation: That the City Council officially reject the subject Claim for
Indemnification and refer it to the City"s Claims Administrator, Carl Warren &
Company. for appropriate disposition.
Item #26: Consideration of Extension of Design Review Committee No. 87-3.
Neighborhood Shopping Center, N/E Corner of Walker Street and Ball Road.
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Recommendation: That the City Council approve the extension of Design Review
Committee No. 87-3 for a period of 120 days. ending July 7. 1988.
Item ##27: Consideration of CATV Commission"s Appointment of Ex Officio
Education Consortium Member.
Recommendation: That the City Council confirm the app01ntment of Mr. Jack
Weber to the CATV Commission as the education consortium ex officio
representative.
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Item ##28: Consideration of Comprehensive Annual Financial Report for the
Fiscal Year Ended June 30. 1987.
Recommendation: Receive and file.
Item ##29: Consideration of Purchase of a Table at the Cypress College
Americana Awards Dinner.
Recommendation: That the City Council authorize the purchase of a table of
ten at $100/person at the Cypress College Americana banquet.
Item ##30: Consideration of Adoption of Resolutions Commending Louise Pomeroy.
Cypress College Americana "Woman of the Year" and Richard Anderson. Americana
Award Recipient from the City of Cypress.
Recommendation: That the City Council adopt the Resolutions by title only.
titles as follows. commending Louise Pomeroy. Cypress College Americana "Woman
of the Year" and Richard Anderson. Americana Award recipient from the City of
Cypress.
RESOLUTION NO. 3352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
LOUISE POMEROY ON BEING SELECTED AS THE CYPRESS COLLEGE AMERICANA "WOMAN
OF THE YEAR". "".""'~
RESOLUTION NO. 3353
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR.
RICHARD ANDERSON FOR BEING SELECTED AS THE 1988 AMERICANA AWARD
RECIPIENT FROM THE CITY OF CYPRESS.
EXECUTIVE SESSION: At 5:59 p.m.. Mayor Arnold adjourned the meeting to
Executive Session to discuss matters of litigation and property disposition.
The meeting reconvened at 7:31 with all Councilmembers and staff members
present as before, with the addition of staff member Eynon.
The City Attorney advised that the City Council considered three items in
Executive Session: the disposition of the excess City property and two
litigation items.
Mr. Essex recapped the disposition of the items on the 5:30 portion of the
Agenda and remarked that it had been decided to continue the Budget WorKshop
Session to the next City Council meeting.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Kanel.
PRESENTATIONS: The City Manager administered the Oath of Office and Mayor
Arnold presented Certificates of Appointment to Cable Television Commissioners
Janet Spurgeon and Richard Adams. -
Mayor Arnold presented a Resolution of Commendation to Councilman Kanel from
the Orange County Sanitation District in appreciation for all his efforts on
behalf of the group.
ORAL COMMUNICATIONS: Mayor Arnold asked if anyone wished to speaK of matters
on the 7:30 p.m. portion of the Agenda. No one wished to do so.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING REGARDING A PUBLIC NUISANCE
CONDITION LOCATED AT THE NORTHEAST CORNER OF CERRITOS AVENUE AND BLOOMFIELD
STREET : Mayor Arnold declared the public hearing open. The City Clerk swore
in those individuals who were to provide testimony on this matter. The
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City Council Minutes February 8. 1988
Planning Director summarized the staff report dated February 2. 1988 which
described a previous City Council approval of the Resolution of Intent to
declare the northeast corner of Midwood Manor as a public nuisance in order to
prohibit vehicles from entering this area until it complied with a previously
approved parking and landscape plan. The Resolution staff has prepared gives
the property owner three options to abate this violation within thirty (30)
days: 1) erection of a permanent barrier; 2) compliance with the seven-point
plan. or 3) a City Council approved parking plan. which has previously been
approved by a four-fifths vote of the adjacent property owners and the Midwood
Manor Townhomes Association. Staff recommended the City Council approve the
Resolution declaring the northeast corner of Midwood Manor as a public
nuisance, subject to the three abatement options.
Mayor Arnold asked if anyone wished to speak on behalf of Midwood Manor.
Ms. Ada Colberg. a Director on the Board of Governors of Midwood Manor. stated
that she had signed a statement today asking for a continuance on the parking
situation.
Responding to Councilman Mullen. Ms. Colberg advised that the Parking Chairman
had talked with the Planning Department and some requests had been made that
Midwood Manor was unable to comply with at the present time.
Mr. Stanley Goldberg. 10401 Santa Elise Street. Cypress. declared that this
matter has been continued since October and unless there was something
specific to be gained. he saw no reason to continue the matter further.
Councilman Mullen advised that he would not support a continuance in view of
Mr. Goldberg"s opposition and requested this item be heard this evening.
Councilman Kanel recalled that the property in question was originally
required to be a landscaped area and not to be used for parking.
After further discussion, the City Manager explained that the seven point
agreement that was reached with the property owners and the Association was
violated since the number of cars parking was in excess of that authorized by
the agreement and; subsequently. this has been brought before the City Council
as a public nuisance.
Responding to Mayor Arnold. Ms. Colberg advised that Midwood Manor was
requesting three parking spaces with additional landscaping for the area in
question.
The City Attorney suggested the City Council address the nuisance issue.
declare it a public nuisance. amend the time period. which starts the time
running. and then the parties can return with a plan during that time.
Mayor Arnold asked if anyone wished to testify that this matter is a public
nuisance.
Mr. Stanley Goldberg. 10401 Santa Elise Street. Cypress, testified as to the
charateristics of the parking lot that made it a nuisance, primarily the noise
factor.
In answer to a question from Councilman Mullen, Mr. Goldberg answered that the
adjacent homeowners are not opposed to some parking in that area.
Mayor Arnold asked if anyone wished to to testify that this matter is not a
public nuisance.
Ms. Natalie Kolosow, 10407 Carlyle Court. Cypress. stated that there are only
two houses that border the lot. not five and she did not believe there was an
undue amount of noise generated by cars parking in that area.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing and adopt the Resolution by title only. title as follows.
declaring the northeast corner of Midwood Manor a public nuisance. subject to
the three abatement options, with the "thirty (30) days" changed to "forty-
five (45) days." in Item ##3. page 1.
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RESOLUTION NO. 3354
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT
THE CONTINUING VIOLATION OF THE CITY COOE AND APPROVED TRACT HAP AT THE
HIDWOOD MANOR TOWNHOMES CONSTITUTES A PUBLIC NUISANCE. AND ORDERING THE
ABATEMENT THEREOF.
The motion unanimously carried by the following roll call vote:
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AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEHBERS: Coronado and Davis
The City Attorney recapped the discussion stating the City Council has
declared the northeast corner to be a public nuisance and the Resolution
provides for the abatement of the nuisance in one of several ways. He further
advised that whatever the final remedy. the City may want to have an amended
tract map.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 87-31. REYNOLDS RECYCLING CORPORATION. MOBILE RECYCLING FACILITY: Mayor
Arnold opened the public hearing. It was moved by Councilman Mullen and
seconded by Councilman Kanel to continue this public hearing to the meeting of
February 22, 1988. The motion unanimously carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 87-10 AND DESIGN REVIEW
COMMITTEE NO. 87-47. EXPANSION OF AN ANIMAL HOSPITAL. 5422 LINCOLN AVENUE:
Mayor Arnold opened the public hearing. The Planning Director recapped the
staff report dated February 2, 1988 which represented a request to expand the ~""M
existing Cypress Dog and Cat Animal Hospital from 1.300 square feet to 1,920
square feet. The applicant is also requesting variances to: 1) reduce the
required rear yard setback; 2) reduce front landscaped area; and 3) eliminate
landscaped area between walls, fences. building or other structures and
parking spaces or driveways. Since this this is a substandard lot. staff can
justify making a positive recommendation for granting this variance based on
the findings that the strict interpretation of the specific regulation would
result in practical difficulty or unnecessary physical hardship. Notices of
public hearing were posted, publiShed and mailed to all property owners within
300 feet of this property. As of this report date. staff has not received any
communication concerning this project.
Mayor Arnold invited the applicant to come forward.
Dr. John Martini. Cypress Dog and Cat Animal Hospital. 5422 Lincoln Avenue,
Cypress. stated the major reason for the expansion is to obtain separate
surgery and treatment rooms and then divide the single existing exam room into
two. He further stated that he would be willing to work with the Planning
staff as far as determining landscaping requirements.
After further discussion. Councilman Kanel remarked that some of the
landscaping requirements appeared to be excessive. Lincoln Avenue has many
other problems and this remodel was a small undertaking.
Mayor asked if anyone wished to speak in support of the application. ~
Mr. Richard L. Morris. 5406 Lincoln Avenue. Cypress. a neighbor of Dr.
Martini os. stated the proposed project would benefit the neighborhood and he
urged the Council to approve the variances.
The Planning Director explained the two major issues that require
clarification are: I) if all of the required landscaping per code is imposed,
it would eliminate the existing parking spaces; and 2) whether a parking space
or landscaping is more important on the northwest corner of the property.
Mayor Arnold explained that the building was within code when originally
built. the proposed addition does not affect the front or the sides of the
building and the decision to be made is whether or not it is appropriate to
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City Council Minutes February 8. 1988 139
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change everything. or to accept the plan as it is now and maintain the present
quality.
The City Attorney advised the City Council that making a finding that the
strict application of the law and its enforcement would deprive the applicant
of a certain property right that other property owners in the same area have.
He further advised that the finding is made. then the Council moves to approve
the variance and the design review with the conditions.
Councilman Kanel. for the record. expressed his support of granting the
variances on the basis of hardship to the property owner.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing. adopt the Resolution by title only. title as follows
approving Variance No. 87-10 and Design Review Committee No. 87-47 subject to
conditions and finding that the strict application of the law and enforcement
would deprive the applicant of a certain property right that other property
owners in the same area have.
RESOLUTION NO. 3355
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 ALLOW THE REDUCTION IN REAR YARD SETBACK. FRONT LANDSCAPED AREA. AND
LANDSCAPING AREA BETWEEN WALLS. FENCES. BUILDINGS OR OTHER STRUCTURES
AND PARKING SPACES OR DRIVEWAYS - VARIANCE NO. 87-10.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
RECESS: Mayor Arnold called a recess at 8:51 p.m. The meeting reconvened at
8:59 p.m. with all Councilmembers present as before.
CONTINUATION OF CONSIDERATION OF STATUS REPORT ON INVESTIGATION OF BLOCK WALL
lJAI1AGI:. - 9262 tfAIICY 51 RE.ET: The Public Works Director recapped the staff
rppur-L datpd ,January '1.7, J98H which indicated 11r. f-rdllk Simon had illlnrrnp!J UIl'
e i ty (nun( i I a I. !.hr' 1)('( ('rnllpf 14, ](l8! rn..etinlJ I)f it ':;ituation attectiny the
block wall sPpdrClt.ill(J t,tll' b,ukyard of hi'; propf'rl.y from t.hat ll'f Ii;;" I iTrlP
Circle. This wall was damaged, in danger of fall ing and rN('ntly (itl'd hy UIl'
City Building Official for immediate repair. lhl:-' oWII..r of Uli', prcl\wrly,
inst.e;llf uf rf'bui Idillq LlII' Illock Well I , I ('HlllVI'll it and cowtrlJ tc'l1 d wnncJf'fl
1 {JIIU' dll" UII', (unci i ti Ofl, I,ir _ :. i IIIClil 1 ('!:,J i' , HI '. I 1111 t l.y t 'i Ii:'. p r () Ii ( , r I y _ nil'
l1wnpr .. t.1 t.'d lh,l L d Ilho!lqh hi' too [lll't PI r (,d tlll~ I) 1 ol.k Wd 11, pr ''',{'nt.l y hI' U i d
r II) l iI' t': tll' I. n IJ 1 if art Ii 1 ,: it,; hi!Jhc'T 1(;';1 dllll ('fllphd:;i/('d UI.i1 hh i II II 'n I i Oil',
'H f! I () r,'" 1.11 t' U II . r I' r If I' wi:' h cI III 0 (k w d 1 I .J " " \ )llf I .J' , h r-' I.llL ',1 rll I' I. hi" j', ,j
p ( i v ,d t' P r I)" 1'1 ty Ii I d 1. L' r" n t) j U r !.! II ' r d 1 ! i l) fi h Y III I ' I i I Y I " 1 () II sid e T'( ~ d
11"( t",' dry, d' i fI(iU'lh i-II , ',iTrlml hd\ rl'qul'sl.l'c! iill opportunity to address the
( OWII i i 'lI\ If, is filii t t.pr.
Mr. Frank Simon. 9262 Nancy Street. Cypress, stated that when he moved in he
was notified that the fence as unsafe and he contacted the property owner. An
inspector was sent out and a letter sent to the property owner stating the
fence was unsafe and to repair the block wall to its original vertical
position. The block wall was torn down and a wooden fence took its place
without any notice or consultation.
After further discussion, Mayor Arnold explained that the City"s concern is
the health and safety factor; whether or not it is a desirable fence is a
Civil matter that needs to be worked out between the parties.
The City Attorney advised that the City's jurisdiction covers only the health.
safety and sanitation of a building structure. which a fence is, and doesn't
require that a person keep any particular type of fence.
.
After further discussion, it was moved by Councilman Mullen and seconded by
Councilman Kanel to receive and file this report. Councilman Kanel suggested
Mr. Simon talk to his neighbor; that there is nothing that the Council could
do. Councilman Mullen stated he empathized with Mr. Simon but the City has no
authority since it is a Civil matter. The motion unanimously carried by the
following roll call vote:
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l~Oc1ty Council Minutes February 8. 1988
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF REQUEST FOR CITY COUNCIL CONSIDERATION OF DESIGN REVIEW
COMMITTEE NO. 88-2 AT THE FEBRUARY 22. 1988 COUNCIL MEETING. EXPANSION OF
SCOTTY'S CENTER. 6381 BALL ROAD: The City Manager stated. for the record. an
additional communication was received from the applicant today and there is a -
note and loan involved that apparently is due by March 7; therefore. the
applicant is asking for consideration of this item on February 22. The
Planning Director summarized the staff report dated February 2 which described
the receipt of an application for design review approval of a proposed
expansion to Scotty's Center. Staff notified the applicant before the
application was accepted that each request had to be considered on a first-
come. first-serve basis and that the earliest available date for City Council
consideration of DRC 88-2 would be March 14. 1988. Since filing the
application; however. Ms. So has requested that her project be considered at
the February 22 City Council meeting. Although the application is identical
to the one approved in 1984. staff feels that with recent changes in City
Council policy regarding the importance of design review. the standards will
require close review by staff on this project. Staff recommended denial of
the applicant"s request to have DRC 88-22 heard prior to the March 14. 1988
Council meeting and also recommended that the City Council direct staff as to
how to address these types of request. The problem of applicants setting
deadlines for staff is surfacing more frequently and staff is further asking
direction from the City Council as to how to best address this type of
problem.
The City Manager advised that when there was a Planning Commission there was
no way a person could anticipate a hearing and a final action within the time
frame that is now provided. He further advised that even with the delay of a
meeting. we are still 30 to 45 days ahead of a community that has a Planning
Commission. ~~'
After further discussion. it was moved by Councilman Mullen and seconded by
Councilman ~anel that the date the City Council is to consider this request be
set by the Planning Department staff. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF OFFER TO PURCHASE EXCESS CITY PROPERTY: The offer of
$39.000.00 the City has received from Mr. Kerry L. Henard to purchase a 3.632
square foot parcel of vacant land located at the southwest corner of Orange
Avenue and Holder Street was discussed in Executive Session.
It was moved by Councilman Mullen and seconded by Councilman Kanel to accept
the offer of $39.000.00 from Mr. Kerry L. Henard. 5502 Roundup Road, Norco. CA
91760 for the purchase of Assessor's Parcel No. 134-181-1. located at the
southwest corner of Orange Avenue and Holder Street and direct staff to enter
the subject property into escrow and negotiate the conditions of sale. The
motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis -
CONSIDERATION OF PARTICIPATING AS A PATRON OF THE CYPRESS HIGH SCHOOL"S
"CENTURION" 1988 YEARBOOK: The staff report dated February 2, 1988. described
a request from the Cypress High School's "Centurion" 1988 Yearbook staff
inviting the City Council to participate as a patron for their yearbook for a
minimum contribution of $25.
Councilman Mullen had requested this item be placed on the Agenda assuming
there are funds remaining for additional appropriations. Councilman Kanel
suggested a donation of $100 from the City of Cypress.
It was moved by Councilman Mullen and seconded by Councilman Kanel to
contribute the sum of $100.00 from the Cypress City Council to participate as
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City Council Minutes February 8. 1988 141
a patron for the Cypress High School"s "Centurion" 1988 Yearbook. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF NEON ILLUMINATION FOR SIGNS AND BUILDING ELEVATIONS IN THE
CITY OF CYPRESS: The City Manager suggested that due to the policy-setting
nature of this issue. it would appear advisable to have all five
Councilmembers present.
It was moved by Councilman Kanel and seconded by Councilman Mullen to continue
this matter to the City Council meeting of March 14. 1988. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF CITY ATTORNEY'S REPORT ON PUBLIC HEARING PROCEDURES AND
INFORMATION: The staff report dated February 3, 1988 indicated the City
Attorney will respond to any questions from the City Council on this item at
the February 8. 1988 meeting.
It was moved by Councilman Kanel and seconded by Councilman Mullen to continue
this item to the Council meeting of March 14 when all Councilmembers are
present. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNClLMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
CONSIDERATION OF PROPOSED POSITION CLASSIFICATION AND COMPENSATION PLAN
MODIFICATIONS: The City Manager recapped the staff report dated January 20.
1988. in which the Public Works Director recommended that the current
classification of Assistant Public Works Dirctor/Assistant City Engineer be
changed to Assistant City Engineer and to accomplish this objective. certain
changes to the existing class specification to address new and increasingly
important professional responsibilities and needed skills are required. Staff
recommended that the classification specification for the position be modified
to Assistant City Engineer.
It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt
the Resolution by title only. title as follows approving the amendment of the
Position Classification and Basic Compensation Plans as outlined.
RESOLUTION NO. 3356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
RESOLUTION NO. 975 BY MODIFYING THE CLASSIFICATION OF ASSISTANT PUBLIC
WORKS DIRECTOR/ASSISTANT CITY ENGINEER IN THE POSITION CLASSIFICATION
PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
Regarding Consideration of City Attorney's Report on Public Hearing Procedures
Information. the City Attorney advised the Councilmembers that he would not be
present at the March 28. 1988 meeting and Councilman Kanel amended his motion
to reflect the March 14. 1988 meeting, with Councilman Mullen concurring with
the correction.
The City Manager reported on CONSIDERATION OF ADOPTION OF A RESOLUTION
ESTABLISHING SALARIES FOR CITY EMPLOYEES REPRESENTED BY THE CYPRESS
MAINTENANCE EMPLOYEES' ASSOCIATION and CONSIDERATION OF ADOPTION OF A
RESOLUTION ESTABLISHING SALARIES AND WORKING CONDITIONS FOR CITY AND DISTRICT
EMPLOYEES REPRESENTED BY THE CYPRESS EMPLOYEES' ASSOCIATION. stating both
agreements are within the framework authorized by the City Council for
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1 Y ouncl lnu es February 8. 1988
negotiations. The two associations were receptive. accepted the agreements.
and have executed the Memorandums of Understanding. Staff recommended
approval of both the Resolutions.
Mayor Arnold stated she had some questions and expressed concern with the
frequency with which increases were granted.
The City Manager explained that a person starts at the entry level, is
reviewed at the six month period and is then eligible for the next step. which -,
is a merit step. He further advised that in addition to the step plan. they
would receive an immediate increase based on the amount of the adjustment
granted.
After further discussion. the City Manager suggested the matter be continued
in an Executive Session.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 24274 -
24895: It was moved by Councilman Mullen and seconded by Councilman Kanel to
approve the commercial warrant list for Warrants No. 24274 - 24895 in the
amount of $1.330,657.30. The motion unanimously carried by the following roll
call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
ORAL COMMUNICATIONS: Mayor Arnold asked if anyone wished to speak on matters
not on the Agenda. No one wished to do so.
WRITTEN COMMUNICATIONS: There were no written communications.
EXECUTIVE SESSION: At 9:52 p.m.. Mayor Arnold called an Executive Session to
discuss matters of personnel. The meeting reconvened at 10:06 p.m. with all
Councilmembers present as before. jI!'t";"""""
Regarding CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING SALARIES FOR
CITY EMPLOYEES REPRESENTED BY THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION
and CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING SALARIES AND
WORKING CONDITIONS FOR CITY AND DISTRICT EMPLOYEES REPRESENTED BY THE CYPRESS
EMPLOYEES" ASSOCIATION, it was moved by Councilman Mullen and seconded by
Councilman Kanel to adopt the Resolutions by title only. titles as follows
establishing salaries for the City employees represented by the Cypress
Maintenance Employees Association. and acting as ex officio Board of Directors
of the Cypress Recreation and Park District. adopt the Resolution by title
only title as follows establishing salaries and working conditions for the
City and District employees represented by the Cypress Employees' Association.
RESOLUTION NO. 3357
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
SALARIES FOR MEMBERS OF THE CYPRESS MAINTENANCE EMPLOYEES" ASSOCIATION
RESOLUTION NO. 3358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. AND ACTING AS
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS ~.
EMPLOYEES" ASSOCIATION CONCERNING WAGES. SALARIES. FRINGE BENEFITS AND
CONDITIONS OF EMPLOYMENT
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City Council Hinutes February 8. 1988143
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Davis
ADJOURNHENT: Mayor Arnold adjourned the meeting at 10:07 p.m.
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