Minutes 88-12-12
/ /1
,.....-
426
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
December 12, 1988
The regular meeting of the Cypress City Council was called to order at 5:40
p.m. on Monday, December 12, 1988. in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California. Mayor William Davis presiding.
PRESENT: Councilmembers Age, Arnold, Kanel, Kerry and Davis
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, Hurst, Leonard and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were
presented.
CONTINUATION OF CONSIDERATION OF COMMUNICATIONS FROM THE CYPRESS SCHOOL
DISTRICT'S BOARD OF TRUSTEES REGARDING THE CYPRESS SCHOOL PROPERTY AND THE
SCHOOL FACILITIES/TANK FARM DEVELOPMENT: The City Manager provided a brief
summary to the Council regarding the three issues addressed, which were: the
Cypress School property; the tank farm development and its impact on the
school district; and the redevelopment project, which is a part of the tank
farm development. He advised that staff is attempting to reduce all issues
into one recommendation at the staff level and then present the Council and
the School Board with a conceptual agreement. The City Manager will provide a
written report to the Council at the January 9, 1989 meeting of all the items
discussed in the study session.
Hearing no objection, Mayor Davis deferred the Closed Session to the end of
the 5:30 portion of the Agenda.
CONSIDERATION OF RENEWAL OF MAINTENANCE CONTRACT FOR THE CLEANING OF CYPRESS
VILLAGE PUBLIC PARKING AREAS (TRACT NO. 8126): The Public Works Director
referred to the staff report dated December 1, 1988, which indicated the
City's annual contract for providing weekly cleaning of 56 parking areas in
District 42 expires on December 31, 1988. Larry Sweeden's Landscape
Gardening Service has indicated it is willing to continue its services for
another year at the same rate of $240.00 per month.
It was moved by Councilmember Kanel and seconded by Councilmember Arnold to
renew the maintenance contract with Larry Sweeden's Landscape Gardening
Service, 15189 Sierra Bonita, Chino, CA 91710 for the weekly cleaning of the
public parking areas in Tract No. 8126, for a period of 12 months at a monthly
fee of $240.00. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE MATERIALS:
The City Manager summarized the staff report dated December 2, 1988, which
indicated that the contract for asphalt concrete products from All American
Co. expired on December 8, 1988.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
award an annual purchase agreement for asphalt concrete products to All
American Asphalt Co., 14274 Magnolia Ave., P.O. Box 2229, Corona, CA 92718-
2229, in an amount not to exceed $18,000.00, for a one year period ending
December 12, 1989. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR TWO (2) EACH TWO-WHEEL DRIVE LIGHT
UTILITY VEHICLE. REQUEST FOR QUOTATION NO. 8889-28: The Public Works Director
1
.-
.
City Council Minutes December 12, 1988 427
summarized the staff report dated December 5, 1988 and verbally requested two
additional items for the two each two wheel drive 1 ight util ity vehicles. The
two items are rear bench seats for a total of $680.00 and tilt steering wheels
for a total of $300.00.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
appropriate $3784.00 from the unreserved fund balance of the Internal Service
Fund for Equipment Replacements to account #4370-90-659-39, accept the bid
received from Beach City Chevrolet, 3001 E. Pacific Coast Highway, Long Beach,
CA 90804 as the lowest responsible bidder and award the contract for two
Chevrolet S10 Blazer vehicles in the amount of $26,783.25. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR RENTAL OF PASSENGER VEHICLES AS
REQUIRED BY THE CYPRESS POLICE DEPARTMENT: The staff report dated December 6,
1988 indicated that the Police Department has requested a one year contract
for the rental of passenger vehicles with Selman Chevrolet for use in the day-
to-day operation of the Special Enforcement Team.
It was moved by Councilmember Arnold and seconded by Councilmember Kanel to
authorize a rental contract for two passenger vehicles at $350.00 per car per
month plus applicable taxes for use by the Cypress Police Department for the
period December 13, 1988 through December 12, 1989. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
.
CONSIDERATION OF AWARD OF CONTRACT FOR THE IMPROVEMENT OF THE NORTH SIDE OF
KATELLA AVENUE. FROM VALLEY VIEW STREET TO HOLDER STREET IN THE CITY OF
CYPRESS. PROJECT NO. 8609-10 (AHFP 1213): The staff report dated December 6,
1988 indicated that six bids were received for the improvement of the north
side of Katella Avenue, from Valley View Street to Holder Street.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
award a contract for the improvement of the north side of Katella Avenue, from
Valley View street to Holder Street, to Sully-Miller Contracting Company, 6145
Santiago Canyon Road, Orange, CA 92669, in the amount of $171,703.45, subject
to concurrence by the County of Orange; and authorize payment to Southern
California Edison Company for street light pole relocations in an amount not
to exceed $25,000.00. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be
considered by the City Council to be routine and will be enacted by one motion
approving the recommendations listed on the Agenda.
The City Attorney suggested that there be one motion to approve the minutes
with Councilmembers Age and Kerry abstaining from the vote on the 5:30 p.m.
portion of the November 28, 1988 meeting minutes. Mayor Davis asked that the
minutes reflect this vote.
Mayor Davis asked that Items #20 and #22 be discussed. Regarding
Consideration of the City of Cypress' Investment Policy, Mayor Davis asked for
an explanation of aVI'rage maturity figures on the investment policy from the
Finance Director. In regard to Consideration of Employment List - Police
Dispatcher (Experienced), for which there are two vacancies, Captain Wicker
explained that there will be another list forthcoming for the entry level non-
experienced dispatchers.
2
/
42CSty Council Minutes December 12, 1988
It was moved by Councilmember Kanel and seconded by Councilmember Age to
approve the Consent Calendar Items #7 through #24. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age. Arnold. Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCIlMEMBERS: None
Item #7: Motion to Approve City Council Minutes of the Regular Meeting of
November 28, 1988. ~,""ti
Recommendation: That the City Council approve the Minutes of November 28,
1988, as submitted with Councilmembers Age and Kerry abstaining for the
portion of the Council meeting prior to their taking office.
Item #8: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #9: Consideration of Attendance to the 1989 Mayors and Council Members
Orientation Institute Sponsored by the League of California Cities.
Recommendation: That the City Council authorize the attendance of any
interested Council Members to the 1989 Mayors and Council Members Orientation
Institute sponsored by the League of California Cities, to be held on January
25 - 27, 1989, in San Jose, CA, and be reimbursed for all actual and necessary
expenses incurred.
Item #10: Consideration of Ordinance Amending 2-6.5, "Notices of Public
Hearings, Contents Pertaining to Judicial Review" of the Cypress City Code.
Recommendation: That the City Council approve the first reading of the
Ordinance by title only, title as follows, amending Section 2-6.5 of the
Cypress City Code relating to "Notices of Public Hearings, Contents Pertaining
to Judicial Review."
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
2-6.5, "NOTICES OF PUBLIC HEARINGS, CONTENTS PERTAINING TO JUDICIAL
REVIEW" OF THE CODE OF THE CITY OF CYPRESS BY REPLACING SAID SECTION
WITH A NEW SECTION 2-6.5 ("SAME").
Item #11: Consideration of Resolution Commending Mrs. Christine P. Swain Upon
Her Retirement from the Cypress School District's Board of Trustees.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Mrs. Christine P. Swain upon her retirement from
the Cypress School District's Board of Trustees.
RESOLUTION NO. 3491
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MRS.
CHRISTINE P. SWAIN UPON HER RETIREMENT AS A MEMBER OF THE CYPRESS SCHOOL
DISTRICT'S BOARD OF TRUSTEES.
Item #12: Consideration of Claim Filed by Mercury Casualty Insurance on
Behalf of Their Insured, Chris Tanaka.
Recommendation: Receive and file.
p"'...~'i<
Item #13: Consideration of Claim Filed by Maria A. Hubbard.
Recommendation: Receive and file.
Item #14: Consideration of Claim Filed by Steve Cunningham.
Recommendation: Receive and file.
Item #15: Consideration of Monthly Investment Program for the Month of
November 1988.
Recommendation: Receive and file.
3
City Council Minutes December 12, 19~8
429
Item #16: Consideration of Recommendations of Traffic Commission Meeting of
November 15, 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 three-way Stop at the intersections of Ritter
Street and Ferne Avenue, and Jonathan Avenue and Pamela Street.
RESOLUTION NO. 3492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A
. THREE-WAY STOP AT THE INTERSECTIONS OF RITTER STREET AND FERNE AVENUE,
AND JONATHAN AVENUE AND PAMELA STREET.
Item #17: Consideration of Acceptance of Completion for the Removal of street
Trees and Repair of Curb, Gutter, Driveways and Sidewalk for Various Streets
in the City of Cypress, Project No. 8813-90.
Recommendatio~: That the City Council: 1) Accept as being complete the
contract for the Removal of Street Trees and Repair of Curb, Gutter, Driveways
and Sidewalk for Various Streets in the City of Cypress, Project No. 8813-90;
2) Approve the final contract price of $83,805.09; 3) Authorize final payment
to General Procurement and Construction Co., Inc.; and 4) Authorize the City
Clerk to release the Labor and Materials Bond upon expiration of the required
lien period, providing no liens have been filed, and release the Faithful
Performance Bond upon expiration of one year's guarantee, providing no defects
in material or workmanship become evident.
Item #18: Consideration of Annual Arterial Highway Financing Program
Submittal, City of Cypress Project Nos. 8859 (Lincoln Avenue) and 8922 (Moody
Street).
Recommendation: That the City Council: 1) Adopt the Resolutions by title
only, titles as follow, requesting inclusion in the 1989/90 Fiscal Year
Arterial Highway Financing Program, the improvement (if Lincoln Avenue, from
Moody Street to Valley View Street and Moody Street, from Lincoln Avenue to
the Southern Pacific Railroad Tracks (North City Limit); and 2) Certify the
Negative Declarations in accordance with the requirements of the California
Environmental Quality Act.
RESOLUTION NO. 3493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE IMPROVEMENT OF LINCOLN AVENUE.
RESOLUTION NO. 3494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE IMPROVEMENT OF MOODY STREET.
Item #19: Consideration of Employment Lists for the Positions of Police Clerk
and Engineering Aide.
Recommendatio~: That the City Council certify the Employment Lists for the
positions of Police Clerk and Engineering Aide.
Item #20: Consideration of the City of Cypress' Investment Policy.
Recommendation: Receive and file.
Item #21: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Kazunori Bessho, President, and Masataka Tachikawa,
Secretar"y, of Uzushio Corporation, D.B.A. Uzushio, 10539-10545 Valley View
St., Cypress.
Recommendation: Receive and file.
Item #22: Consideration of Employment List - Police Dispatcher (Experienced).
4
City Council Minutes December 12, 1988
~~n
.
Recommendation: That the City Council certify the Employment List for the
position of Police Dispatcher (Experienced) as submitted.
Item #23: Consideration of Amendment to Community Development Block Grant
Contract Number C40404 (M2.20).
Recommendation: That the City Council approve the Amendment to Contract
Number C40404 as outlined in the report and authori~e the Mayor to sign the
amended contract on behalf of the City of Cypress.
Recreation & Park District Matters:
Item #24: Consideration of Acceptance of Completion of Contract for Reroofing
of Cypress Community Center, Project No. 8905-90.
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District: 1) Accept the
Reroofing of Cypress Community Center, City of Cypress Project No. 8905-90, as
being satisfactorily completed; 2) Authorize final payment to Nelson Roofing,
Inc.; and 3) Authorize the City Clerk to release the Labor and Materials Bond
upon expiration of the required lien period providing no liens have been
filed, and release the Faithful Performance bond upon expiration of one year's
guarantee, providing no defects in material or workmanship become evident.
ORDINANCES (Second ReadinQ) & RESOLUTIONS: It was moved by Councilmember
Kanel and seconded by Councilmember Arnold to adopt the Resolution by title
only, title as follows approving Parcel Map No. 88-267, with conditions.
RESOLUTION NO. 3495
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 88-267 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
~~
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows approving the amendment
to Specific Plan No. 84-1.
RESOLUTION NO. 3496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO SPECIFIC PLAN NO. 84-1, WARLAND/CYPRESS BUSINESS PARK
SPECIFIC PLAN.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Kanel to adopt
the Resolution by title, title as follows approving C.U.P. 88-27 with
conditions.
RESOLUTION NO. 3497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-27 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows approving C.U.P. 88-33,
with conditions.
5
"
City Council Minutes December 12, 1988 431
RESOLUTION NO. 3498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-33 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Arnold requested that, in the future, the description of the
item be included in the Resolution title.
EXECUTIVE SESSION: Mayor Davis called for an Executive Session at 6:30 p.m.
to discuss matters of personnel and litigation. The meeting reconvened at
7:35 p.m. with all Councilmembers present and staff members Beardsley,
DeCarlo, Eynon, Hurst, Leonard and Lowenberg present.
PLEDGE OF ALLEGIANCE: Councilmember Arnold led the pledge.
PRESENTATIONS: Mayor Oavis presented a plaque to Councilmember Arnold in
recognition of her service to Cypress during her tenure as Mayor.
Mayor Davis read and presented proclamations to Cypress Police Officers,
Matthew Robinson, Christopher LaCascia and Agent Steve Spernak for their work
in removing drunk drivers from Cypress streets and as having been recognized
by Mothers Against Drunk Drivers (M.A.O.D.).
Mayor Davis also related that Mrs. Christine Swain was recognized during the
5:30 p.m. meeting and her proclamation will be presented to her at the January
9, 1989 meeting.
Ms. Karen Krippene, 11344 Jamaica Street, Cypress, the co-chairman of the
Cypress Grad Night event for 1989 presented a video on grad night activities,
stated that the Board of Directors of Anaheim School District have approved
this event on a pilot basis and she made a request of the Council to
participate. Mayor Davis suggested this item be put on the Agenda for January
9, 1989.
The City Manager reviewed the actions taken in the 5:30 session of the City
Council meeting.
The City Attorney advised that there were three areas of discussion during the
closed session: property acquisition in the Civic Center area, negotiations
with Police Management personnel and pending litigation involving a gift of
public funds.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. None were
presented.
ORAL COMMUNICATIONS: For Clarifications of Matters on the 7:30 p.m. Agenda.
Ms. Kathy Shaw, 6533 Teakwood Street, Cypress, asked that the item on the
Kid's (orner Program Registration Policy be moved forward on the Agenda.
Recreation & Park District Matters: The City Council Acting as the Ex Officio
Governing Board of Directors of the Cypress Recreation and Park District.
CONSIDERATION OF CITIZENS" CONCERN OF THE KID"S CORNER PROGRAM REGISTRATION
POLICY: The staff report dated December 7, 1988 indicated that several
concerned parents of children in the Kid's Corner Program submitted a letter
to the Cypress City Council taking exception to the procedures to be used in
the upcoming Kid's Corner registration.
Ms. Kathy Shaw presented the City Council with a petition signed by 105
parents and local residents protesting a pending change to the registration
procedures of Kid"s Corner, which would utilize the lottery system. They
specifically asked for the implementation of a priority system for mid-term
reregistration whereby a child currently enrolled in the program has the
option of finishing the term.
6
City Council Minutes December 12, 1988
4'11)
'" ."
.
t
Mayor Davis asked the Director of Recreation & Parks to update the Council and
address th~ comparison of the Kid's Corner registration to the registration in
other Recreation & Parks programs.
The Recreation & Parks Director explained that the program has become very
popular and the registration procedures became an issue when parents came to
the Recreation and Community Services Commission asking for a priority
registration for those children currently enrolled in the program. The
decision of the Commission was to implement an afternoon program so that all -
children could be enrolled. Councilmember Kanel suggested that an expansion
of the program might be considered to accommodate all the people.
Councilmember Arnold asked why the morning class enrollees couldn't continue
in the morning and the new people would be instructed that the afternoon class
has openings, but the morning class is full.
Councilmember Kanel suggested that we should not have the lottery and should
allow the children that are involved to have priority and maintain it until
they reach other ages. He stated that the lottery has already been approved
by the Park Commission and we have to override their decision. Councilmember
Arnold believed that a decision should be made on this item tonight and not
continued to another session. Councilmember Kerry stated her position was not
to have the lottery begin in mid-year, but did not have a problem beginning a
lottery registration in September. She asked about the possibility of
building another structure and what the cost of that structure would be.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
instruct the Recreation and Park Director to allow priority registration for
those children presently enrolled in the Kid's Corner, implement the procedure
and report to the Council at the January 9, 1989 meeting. Also, to inform the
Recreation and Community Services Commission that there are a number of people
involved and the continuity of the program is important. After some
discussion, Councilmember Kanel amended his motion to include a request of the
Recreation & Park Director for costs for an additional room to the existing
Kid's Corner structure to be provided at the January 9. 1989 meeting and defer """'"
decisions on future registration procedures to the Recreation and Community
Services Commission. Councilmember Kerry concurred with the amendments. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS Mayor Davis called a recess at 9:50 p.m. and reconvened the meeting at
9:58 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 88-365 AND
CONDITIONAL USE PERMIT NO. 88-22. 4-UNIT APARTMENT COMPLEX. 9521 HOLDER
STREET: Mayor Davis opened the public hearing. The City Manager presented
the staff report dated December 7, 1988, which indicated the applicant
requested a continuance to January 23, 1988.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue this item to January 23, 1988. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
""",''''1",,,
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 88-21. COMBINED USE COMMERCIAL BUILDING. 30-UNIT APARTMENT COMPLEX.
INCLUDING SIX DENSITY BONUS UNITS. 6292 LINCOLN AVENUE: Mayor Davis declared
the public hearing open. The staff report dated November 28, 1988 indicated
the applicant has requested a continuance to January 9, 1988.
It was moved by Councilmember Arnold and seconded by Councilmember Kanel to
continue this item to the meeting of January 9, 1988. The motion unanimously
carried by the following roll call vote:
7
City Council Minutes December 12, 1988
433
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONDITIONAL USE PERMIT NO. 88-29. CELLULAR TELEPHONE FACILITY.
5351 LINCOLN AVENUE: The public hearing was declared open by Mayor Davis.
The Planning Director recapped the staff report dated December 6, 1988, which
represented a request for a cellular phone facility comprised of a 60-foot
high monopole and a 300 square foot equipment room, located at 5351 Lincoln
Avenue. In accordance with the Californ1a Environmental Quality Act, a
Negative Declaration will be filed for this project. Notices of the public
hearing were posted, published and mailed to all property owners within a 300
foot radius.
Mr. Jerome Buckmelter, representative for L.A. Cellular Telephone Company,
23534 Aetna Street, Woodland Hills, stated his company was one of two
authorized by the FCC and the California Public Utilities Commission to
provide cellular phone service to Southern California and there are very
stringent location and elevation requirements. He also stated there are no
environmental hazards associated with this technology and he agreed to all
conditions except Condition #11, which requires all electrical wiring shall be
underground. He advised there are certain connections between the monopole
and the equipment building that have to be made aboveground.
Responding to Councilmember Age, Mr. Keith Radowsky of L.A. Cellular, answered
that L.A. Cellular and Pac Tel are not interchangeable.
Councilmember Arnold asked the representatives if they had considered
installing the monopole nearer the 91 freeway, not on the street the City is
attempting to renovate and asked if they had considered the business park
where the pole would not be as visible to the community.
Mr. Radowsky stated that if the system is improved, the height of the pole
could be shortened in approximately a year.
Councilmember Kanel, after further discussion, stated that he was not in favor
of this project as the City has been attempting to improve Lincoln Avenue for
a long time and suddenly this 60-foot pole will appear.
Councilmember Kerry expressed concern about the location of the pole because
the City has been very involved in the improvement of Lincoln Avenue and it
has been a major issue for many citizens for a long time.
Mayor Davis asked if anyone wished to speak in support of the project.
Mr. Alan Lavallee, 5501 Lime Avenue, Cypress, stated he uses L. A. Cellular
and the wave of the future is to utilize car phones.
Mr. Richard stetter, 10512 Claudia Cr., Cypress, believed the cellular
telephone operation would be of advantage to the City of Cypress.
Mayor Davis asked if anyone wished to speak in opposition to the project.
Ms. Susan Ver Steeg, 5352 DeLong Street, Cypress, stated she was not opposed
to the project, but was opposed to the location of the monopole because she
realizes how hard the City has worked to clean up Lincoln Avenue.
Mr. Buckmelter remarked that they could move the location; however, they don't
believe the monopole is obtrusive or ugly; there has been much time and money
invested in this site and urged the Council to consider the project.
Councilmember Arnold stated she was not opposed to a cellular unit in the
City, has heard very favorable comments about L.A. Cellular, but is concerned
about the location and asked if there was a possibility of taking more time to
locate another site for the monopole.
Councilmember Kerry suggested that L.A. Cellular look at alternative sites and
possibly consider the City Maintenance Yard as a site with more permanency for
the operation.
Mayor Davis commented that utility poles are 45 feet high and it sounds like
some additional time is needed for investigation of some alternatives or
changes in the proposal.
8
Ci~3f4uncil Minutes December 12, 1988
Councilmember Age suggested some parameters be given to L.A. Cellular to guide
them in their search for a suitabl~ site.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue this item to January 9, 1989 meeting for further consideration. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None ~"~';
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 88-26. ECONO LUBE 'N TUNE. 5491 CERRITOS AVENUE: Mayor Davis opened the
public hearing. The staff report dated December 5, 1988 indicated the
applicant requested a continuance to January 9, 1989.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue the project to January 9, 1989. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-8. EXISTING ROOM ADDITION
AND UPSTAIRS PATIO. 6450 LEONE WAY: Mayor Davis declared the public hearing
open. The Planning Director presented the staff report dated December 5.
1988, which represented a requl'st to allow an existing 330 square foot room
addition with a flat roof and fncroachment into the rear yard setback, along
with a 350 square foot balcony/patio above the room addition, located at 6450
Leone Way. In accordance with the California Environmental Quality Act, the
proposed project has been deter"mined to be categorically exempt. Notices of
the pubic hearing have been po~ted, published and mailed to all property
owners within a 300 foot radiu~.
Mr. Alan Hoops, architect with SLW Corporation, representing the home owner,
volunteered to construct a scrlening wall at the rear of the balcony and some
screening trees down the stair~ay area to totally screen the rear yard.
Councilmember Kanel remarked that this type of problem has been before the
Council before, structures built without permits and the Planning Director
responded that the issuance of a building permit will assure that the
structure has been inspected and a certificate of occupancy will not be issued
until the structure meets requirements.
Responding to Councilmember Age, Mr. Hoops answered if the building code
requirements are met then the sale can proceed and if they are not met, the
property will not be sold to the potential buyer.
Mayor Davis asked if anyone wished to speak in support of the application.
Ms. Louise Tracy, Century 21, 15071 Goldenwest, Huntington Beach, representing
the seller, stated that if the approval was not granted. the seller would be
unable to transfer the property.
Mayor Davis asked if anyone wished to speak in opposition to the application.
Mr. Richard Stetter, 10512 Claudia Circle, Cypress, stated he lived directly
behind the Leone Way property and the balcony peers directly into his f!!l';."'i'''!,.
backyard. He stated that he would be satisfied if the balcony view was
screened and he also feels that the stairway is badly located.
No one else wished to speak in support or opposition to the project.
Mr. Hoops stated that his client would be willing to turn the stairway at the
I bottom and plant a tree at that point to screen Mr. Stetter"s property.
I Councilmember Arnold commented that it appeared that the applicant was making
every possible effort to accommodate the desires of the community and would
support granting the variance.
9
City Council Minutes Oecember 12, 1988
~'
It was moved by Councilmember Kanel and seconded by Councilmember Age to close
the public hearing and approve Variance No. 88-8 subject to conditions with
the added condition that the stairway will be turned and screened.
Councilmember Kerry expressed a concern about the balcony and asked if the
railing could be brought back to the normal six foot depth for a patio.
Councilmember Kanel commented that perhaps some additional conditions should
be imposed. After further discussion. Councilmember Kerry withdrew her
comment. The motion ullanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-31. VIDEO
GAME AMUSEMENT ARCADE. 9111 VALLEY VIEW STREET: The public hearing was opened
by Mayor Davis. The Planning Director presented the staff report dated
December 1, 1988, which represented a request to operate a video amusement
arcade at the Campus View Commercial Center, located at 9111 Valley View
Street. In accordance with requirements of the California EnvironmE'ntal
Quality Act, a Negative Declaration will be filed for this project. Notices
of this public hearing were published, posted and mailed to all property
owners within a 300 foot radius.
After some discussion, Councilmember Kanel voiced his displeasure with the
permit because of the potential loitering problems, hours of operation and the
type of business.
Mr. Herb Andrews, 18025 Skypark East, Irvine, made a statement regarding the
Landlord/Tenant Action Plan for the business and read the plan.
Mr. Elias Deukmaji, 1038 Marengo Drive, Glendale, remarked that the arcade
location was across from Cypress College and most of the customers will be
from the college. He stated that on Saturdays and Sundays he was sure they
were going to open after 10:00 a.m.
~
After further discussion, the applicant requested that in Condition #20, the
time be extended for more than one year from date of issuance.
Mayor Davis asked if anyone wished to speak in support of the application.
Mr. Bob Sukift, General Manager of two businesses in the Campus View Center,
11899 Lotus, Fountain Valley, spoke in favor of the video arcade project and
urged the Council to approve the application.
Mayor Davis asked if anyone wished to speak in opposition to the project.
Mr. Alan Lavallee, 5501 Lime Avenue, Cypress, asked the opinion of the Chief
of Police if video arcades caused drug problems and suggested that a security
officer be on site seven days a week.
Chief Lowenberg stated that the key to this type of establishment is the
management and it appears that this management has taken steps to discourage
the congregation of troublemakers and has become involved in the communities.
No one else wished to speak in support of or in opposition to the project.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
close the public hearing, certify the Negative Declaration according to the
requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 88-32, subject to conditions. Councilmember Arnold
stated that it appears that the application has addressed all of the concerns
that the Council would have about arcades. She also stated that she had no
objection to the arcade remaining open until 11 o'clock because many of the
college classes end at 10 o'clock. Councilmember Age asked that if the Police
Department found any type of activity that should be reported to the Council
that they do so immediately, so they don't wait until the year is up to find
out there has been a history of problems. At Mayor Davis' suggestion,
Councilmember Arnold amended her motion to reflect that no one under 17 would
be allowed in the arcade on school nights and Councilmember Age concurred.
Councilmember Kanel proposed that the hours of operation be amended to 10:00
a.m. to 10:00 p.m., seven days a week and no one under 16 years of age shall
10
/
City Council Minutes December 12, 1488
" - ,
~/ -f
be permitted on the premises during school hours. 8:00 a.m. to 3:00 p.m. and a
security guard be on the premises on Friday, Saturday and Sunday from the
hours of 6:00 p.m. to 10:00 p.m. He stated that this was his substitute
motion, which was seconded by Councilmember Kerry. Mayor Davis advised that
he is pleased that the conditional use permit is for a period of one year and
if there are any police problems in the interim that the Council be notified
and steps will be taken to impose restrictions. Councilmember Arnold stated
that it has already been noted there have been favorable reports from the
other cities in which the applicant has video parlors, there is an intent to
attract the college student and there has been an agreement with the applicant "'''~
to limit the time 17 year olds are permitted and Council can amend this
conditional use permit at any time in less than a year if there are problems.
Councilmember Kanel stated he believed there would be problems with this
venture and it is a mistake to start bringing arcades into the City.
Mayor Davis called for the vote on Councilmember Kanel's substitute motion.
The motion failed by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Kanel and Kerry
NOES: 3 COUNCILMEMBERS: Age. Arnold and Davis
ABSENT: 0 COUNCILMEMBERS: None
Mayor Davis stated that he is not totally convinced that the general statement
of school hours is adequate, the Police Chief has indicated that they sound
strong, it is a one year C.U.P., and Council will know when the C.U.P. is
renewed or before if there are major problems. On these basis, the Mayor
stated he would support the application. Councilmember Kanel stated he would
vote against this application.
The Planning Director clarified that the two amendments to the conditional use
permit are: that no one under 17 years of age shall be permitted after 10:00
p.m. and should the Cypress Police Department have substantiated concerns, the
item shall be subject to modification or termination subject to a public
hearing by the City Council. The motion carried by the following roll call .P,.,.,,"-
vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Davis
NOES: 1 COUNCIlMEMBERS: Kanel
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Davis called a recess at 11:20 p.m. The meeting reconvened at
11:30 p.m. with all Councilmembers present.
CONSIDERATION_OF PUBLIC HEARING RE: CONDIfIONAL USE PERMIT NO. 88-32. TEN
APARTMENT UNITS. INCLUDING TWO DENSITY BONUS UNITS. 5462 DELONG STREET: Mayor
Davis opened the public hearing. The Planning Director summarized the staff
report dated December 5, 1988, which represented a request to develop ten
apartment units, including two density bonus units at 5462 DeLong Street. In
accordance with the requirements of the California Environmental Quality Act,
a Negative Declaration will be filed for this project. Notices of the public
hearing were published, posted and mailed to all property owners within 300
feet. Questions and concerns were expressed by approximately five neighbors.
Mr. Bob Gilbert, Gilbert Engineering, 4552 Lincoln Avenue, Cypress,
representing the applicant, stated they have reviewed the conditions, are
satisfied with them and volunteered to answer any questions.
Mayor Davis asked if anyone wished to speak in support of the project.
-
Mr. Jess Black, 5422 Delong Street, Cypress, mentioned that this was
approximately the third time this kind of project has been proposed; the first
two were condo units, the description of this proposed development sounds good
and he is in favor of a project at that location. He questioned on what
streets the egress and ingress would be and expressed his support of the
project.
Ms. Christine Swain, 5362 Crescent Street, Cypress, commented that she was
anxious to see some development on this site because it will compliment other
proposed developments in the neighborhood and is in favor of the project.
Mayor Davis asked if anyone wished to speak in opposition to the application.
11
City Council Minutes December 12, 198437
Mr. Don Gravely, 5441 Delong Street, Cypress, asked the City Council for a
continuation of this application until after the zoning petition has been
considered by the Council at the next meeting. He mentioned that the driveway
was exiting and entering the project on DeLong Street, approximately 50 feet
from the stop sign on DeLong at Walker, which is a very dangerous situation.
Mr. Jim Eisenbach, 5431 DeLong Street, Cypress, stated his opposition to the
project, however, would be in favor of three single family dwellings on the
site. He is not looking forward to the increased parking problems.
Mr. Manuel Machado, 5452 DeLong Street, Cypress, commented that he was against
the proposed apartment complex and the subsequent parking problems and would
rather have a condominium complex.
Mr. Barry Cannata, owns a home at 5331 DeLong Street, Cypress, expressed
opposition to this project as he was opposed to the proposed 40 unit complex.
He will continue to espouse that these projects do not allow enough parking,
increased traffic will create a danger and the Council should consider single
family dwellings on the lot rather than overdensity.
Ms. Susan Ver Steeg, 5253 DeLong Street, Cypress, expressed her concern about
the entrance to the project, which is on DeLong and very close to Walker
Street. She stated the corner should be developed with a six-plex or four-
plex project.
Councilmember Kanel stated that the Council will discuss the zoning petition
at the January 9 meeting and has been asked to continue this matter to that
meeting, which may be appropriate and he would favor a continuance until at
least that meeting.
Mr. Jess Black, 5422 DeLong Street, Cypress, stated that he had started the
second petition and that the petitions should not even be mentioned at this
meeting and are to be discussed on January 9, 1989.
There were no further speakers in support of or opposition to the application.
Responding to Mayor Davis, the City Attorney advised that zoning changes are
initiated by the City Councilor by the property owner and we have petitions;
however, they are not in the legal form required to initiate a zone change.
The City Manager commented that the purpose of the two petitions was to open
discussion on whether or not the City Council wished to initiate a zone change
in the area.
Mr. Gilbert stated that the present owner is not interested in building
condominiums and desires to build an apartment complex. He stated that the
zoning is possibly clouding the issue, the property is on the corner of Walker
and Delong and it would not be fair to not allow the project.
Councilmember Kanel stated he had some questions about ingress and egress, the
problems on Delong Street that need to be explored, the discussion of the
petitions at the January 9 meeting and suggested this matter be continued to
that date.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue this item to January 9, 1989. Councilmember Arnold remarked that she
had not heard a reason for the continuance other than to hear about rezoning,
which cannot be considered on this particular issue and will vote against the
continuance. Mayor Davis stated he will support a continuance, desires a
better understanding of the project and has some concerns about the
deve 1 opment. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-34 AND
VARIANCE NO. ~8-7. GUEST DWELLING UNIT. 5321 YORKSHIRE DRIVE: Mayor Davis
opened the public hearing. The Planning Director presented the staff report
dated December 5, 1988, which represented a request to allow an existing 270
square foot detached structure to be used as a guest dwelling unit and to
allow the structure to encroach seven feet into the rear yard setback and 2.5
feet into the side yard setbacks. The proposed structure is located at 5321
12
City Council Minutes December 12, 1988
438
Yorkshire Drive. In accordance with the California Environmental Quality Act,
the proposed project has been determined to be categorically exempt, Class 3.
Notices of public hearing have been posted, published and mailed to all
property owners within a 300 foot radius.
Mrs. Ellen J. Hammonds, 5417 Oxford Drive, Cypress, stated that the home was
purchased with the structure being represented as a guest house.
Councilmember Arnold she had investigated this request, had a City
representative sent to the site and Council should consider this request with
an open mind. 10/"
Mrs. Hammonds has notified the seller that they would be responsible to make
the guest house satisfy the City.
Mayor Oavis asked if anyone wished to speak in support of the application.
Ms. Barbara Johnson, 5247 Hanover Drive, Cypress, stated she lives and works
in the neighborhood, the guest house has been in existence for many years, it
has never posed a problem in the past and sees no reason why it shouldn"t be
approved.
No one else wished to speak in support of or in opposition to the application.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
close the public hearing and approve Conditional Use Permit No. 88-34 and
Variance No. 88-7 subject to conditions. Councilmember Kanel expressed his
concern about being certain that the buyer of the property understands that
any rental of the guest house is prohibited. The City Attorney suggested that
the words, "guest dwelling unit" in Condition #2 be left unchanged and fix the
location by saying, "The guest dwelling unit to the rear of the single family
residence shall be used on a temporary basis by non-paying guests ot the
resident family and the renting of that dwelling shall be prohibited."
Responding to Councilmember Kerry, the City Attorney advised that putting
restrictions on "temporary" would be very difficult to enforce. The motion
unanimously carried by the following roll call vote: ~,.,..~<
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Oavis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Manager asked if the Council would also be addressing the request for
waiver of fees.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
waive all processing fees. Mayor Davis stated he will support the waiver of
fees on the basis that the dwelling was there and permits were given The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION [IF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 88-
3. AMEND SECT~)N 10.7 PERFORMANCE STANDARDS: ALL COMMERCIAL ZONES TO ADO
SECTION (D) TO PROHIBIT EVENING OR NIGHT DELIVERIES AND SECTION (E) TRUCK
PARKING ADJACE~T TO THE RESIDENTIAL ZONES: Mayor Davis declared the public
hearing open. The staff report dated December 7, 1988 indicated a request to
continue this item to the meeting of January 9, 1988.
It was moved by Councilmember Age and seconded by Councilmember Kanel to .
continue this item to January 9, 1988. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CITY OF CYPRESS LIGHTING DISTRICT NO.2 -
1989: Mayor Davis opened the public hearing. The Public Works Director
summarized the staff report dated December 2, 1988, which indicated that two
resolutions have been prepared to accomplish the final procedures for calendar
year 1989 required under the Street Lighting Act of 1919.
13
-,
t
City Council Minutes December 12, 1988
Mayor Davis asked if anyone wished to speak in support of or in opposition to
the proposed resolutions. No one wished to do so.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
close the public hearing; adopt the resolutions by titles only, titles as
follow, confirming the report of the City Engineer dated November 14, 1988 and
order the improvement to be made and adopt the resolution naming and ordering
the Southern California Edison Company as the only contractor capable of
improving and servicing the street lighting system in Cypress Lighting
District No.2.
RESOLUTION NO. 3499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF. THE CITY ENGINEER
OF SAID CITY, DATED NOVEMBER 14, 1988, PREPARED PURSUANT TO RESOLUTION
NO. 3459 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 3467 OF SAID
COUNCIL, AND THE PLANS, SPECIFICATIONS AND ESTIMATE CONTAINED IN SAID
REPORT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC
CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION
OF INTENTION NO. 3468 AND RESOLUTION NO. 3469, APPOINTING THE TIME AND
PLACE FOR HEARING, ALL IN ACCORDANCE WITH DIVISION 14, PART 1, STREETS
AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE
"STREET LIGHTING ACT OF 1919"; AND ORDERING THE DETACHMENT AND
WITHDRAWAL OF TERRITORY FROM THE ORANGE COUNTY STREET LIGHTING
ASSESSMENT DISTRICT AND ANNEXATION OF SAME TO THE CYPRESS STREET
LIGHTING ASSESSMENT DISTRICT NO.2.
RESOLUTION NO. 3500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE
CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING
MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF
STREET LIGHTING SYSTEM IN CYPRESS LIGHTING DISTRICT NO. 2 AND ORDERED TO
BE INSTALLED BY RESOLUTION NO. 3468 OF SAID COUNCIL, ALL IN ACCORDANCE
WITH, AND PURSUANT TO THE PROVISIONS OF, DIVISION 14, PART 1, STREETS
AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE
"STREET LIGHTING ACT OF 1919."
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION_OF PUBLIC HEARING RE: VACATION OF A PORTION OF DARIN WAY, CITY
OF CYPRESS PR9_JECT NO. 8835-90: The public hearing was opened by Mayor Davis.
The Public Works Director recapped the staff report dated November 28, 1988
which indicated the City Council adopted a resolution declaring its intent to
order the vacation of a portion of Darin Way and a peripheral easement for
walkway, tree planting and public utilities. The vacated street and easement
will no longer be needed for the public health, safety or welfare, since
access to the area will be provided by the construction of the relocated Darin
Way cul-de-sac.
Mayor Davis asked if anyone wished to speak in support of or opposition to the
resolution. No one wished to do so.
It was moved by Councilmember Kanel and seconded by Councilmember Age to close
the public hearing, adopt the resolution by title only, title as follows,
vacating the Darin Way cul-de-sac and five foot wide easement for walkway,
tree planting and public utility purposes and authorize the City Clerk to
record easement grant deeds for the new Darin Way cul-de-sac and five-foot
wide easement for walkway, tree planting and public utility purposes.
RESOLUTION NO. 3501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A
PORTION OF THE DARIN WAY CUL-DE-SAC AND FIVE-FOOT WIDE EASEMENT FOR
WALKWAY, TREE PLANTING AND PUBLIC UTILITY PURPOSES.
14
-.
.,
City Council Minutes December 12, 1988
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: FEDERAL HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION - 15TH YEAR.: Mayor Davis opened the public hearing.
The staff report dated December 5, 1988 indicated staff had submitted a
preliminary review of the projects that the City is requesting in the 15th {f',..,.'.cq
year Community Development Block Grant application. Staff finalized the
application request after the 1988 Citizen Participation Meeting and is now
bringing the final application before the City Council for approval.
Mayor Davis asked if anyone wished to speak in support of or in opposition to
the grant application. No one wished to do so.
Responding to Councilmember Kerry, the City Manager answered that this
additional funding will allow the City to totally fund the Senior Center
project.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
close the public hp.aring, adopt the resolution by title only, title as
follows, approving the City's participation in the fifteenth year housing and
community development block grant program with the County of Orange and
authorize the Mayor to sign the grant request on behalf of the Cypress City
Council.
RESOLUTION NO. 3502
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
CITY'S PARTICIPATION IN THE 15TH YEAR HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE.
w,,".;-,"~
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF SELECTION OF PRIMARY RESPONDER OF BASIC LIFE
SUPPORT EMERG~NCY AMBULANCE SERVICE FOR THE CITY OF CYPRESS: The City Manager
reviewed the staff reports dated November 23, 1988 and December 6, 1988, which
indicated that the Council had received the materials from the Fire Department
rating the qualified ambulance services with Southland receiving the highest
rating, Medix second and Superior Service third. He advised that the Council
is to determine the primary responder of ambulance service for the City.
Mr. Richard Compt, 523 15th Street, Huntington Beach, responding to
Councilmember Kanel stated that Golden West assumed the Cypress area in 1978
when Southland was providing the service and Golden West sold to Medix in
1984, who has been providing the ambulance service to date.
RECESS: Mayor Davis called a recess at 12:55 a.m. in order for staff to
insert a new video tape for cablecasting. The meeting reconvened at 12:58
a.m. with all Councilmembers present.
Councilmember Arnold stated she would be leaving the meeting and asked the
Council to continue the Commission items to the January 9, 1988 meeting so she ~"...~.
could be a part of that process. She also stated that in evaluating the
considerable data presented on the ambulance services, she did not find any
reason to change. Medix' performance has been exemplary and she strongly
supports the City staying with Medix.
.
COUNCILMEMBER ARNOLD LEFT THE MEETING AT 12:59 P.M.
Councilmember Kanel commented on the various ambulance services in Orange
County and asked why the recommendation was left to the City Council.
Battal ion Chief Kevin Brame, Orange County Fire Department, r:.esponded that the
Fire Department administers the process but the recommendation is that of the
.
15
..
~
City Council Minutes December 12, 1988
review panel, which was forwarded to the Council. and the ultimate decision
lies with the Council.
Chief Brame responded to questions 'from the Council and provided further
explanation of the report on the ambulance service ratings.
Councilmember Kanel stated that both companies perform acceptably, he has no
complaints about Medix and favors the incumbent ambulance service.
Mr. Wayne Paul, General Manager of Southland Ambulance, 10600 Katella Avenue,
Anaheim, recited the strong points of Southland. which he stated was the clear
recommendation of the Orange County Fire Department's review panel and his
belief that Southland has a better service record. In addition, they are part
of the Secomerica AMS group with resources across the country and the largest
local North Orange County resource base for backup.
Responding to Mayor Davis, Battalion Chief Brame explained that the proposal
process made it clear that the Fire Department would forward a recommendation
from the review panel and not specifically from the Fire Department.
Mr. Michael Dimas. President of Medix Ambulance Service, 310 W. First Street,
Tustin, explained that Medix has always had an ambulance available for the
City of Cypress when requested, they have been the provider for 11 years,
including the Golden West period, and have established a track record in
Cypress.
Councilmember Kanel mentioned that the point spread between Southland and
Medix was negligible. He stated what is important is that the ambulances are
clean, do a good job, no complaints have been received from the citizens and
that is why he favors Medix for contract renewal.
Mayor Davis expressed his support in continuing with Medix for the various
reasons stated by Councilmembers Arnold and Kanel and Medix has proven
themselves over the last two years.
Councilmember Kerry concurred and had no problem continuing with Medix. She
stated that as long as Medix has provided the City with good service, it
should be continued and she would be concerned about contracting with a new
company at this time. ,
Councilmember Age commented that the Orange County Fire Department has done an
extremely thorough job and, through their review panel's grading system, have
declared Southland the number one ambulance service. She also commented that
the other Councilmembers have dealt with Medix and she has no complaint
against them, is happy to go with either company but personally would have
awarded the contract to Southland.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
determine the primary responder to provide emergency medical transportation
services in the City of Cypress be awarded to Medix Ambulance Service and
authorize the Mayor and City Clerk to execute the agreement with Medix for the
period of January 1, 1989 through December 31, 1992. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
The City Manager announced that several items have been identified for Council
action this evening due to the possibility, that there will not be a second
meeting in December.
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-38. SECOND SINGLE-FAMILY
DWELLING. 564?_ SAINT ANN AVENUE: The Planning Director reviewe~ the staff
report dated December 1, 1988, which represented a request to construct a
second single family dwelling in addition to an existing single-family
dwelling located at 5642 Saint Ann Avenue. In accordance with the California
Environmental Quality Act, a Negative Declaration will be filed for this
project.
It was moved by Cuuncilmember Kanel and seconded by Councilmember Kerry to
certify the Negative Declaration in accordance with the requirements of the
,
16 H
} "
I..
)
,I -""..~
City Council Minutes December 12, 1988
California Environmental Quality Act and receive and file Design Review
Committee No. 88-38, subject to conditions. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF DISSOLUTION OF THE CYPRESS COUNTY WATER DISTRICT: The City iIl'l"'>'.;"l{,j
. Manager summarized the staff report dated December 5, 1988. which requested
the dissolution of the Cypress County Water District, is required as a part of
the annexation conditions and the resolution would initiate the action.
It was moved by Councilmember Kanel and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, authorizing the Mayor and City
Clerk to execute service agreements to provide sewer service to the areas of
Buena Park, Hawaiian Gardens and Los Angeles County, formerly in the Cypress
County Water District.
RESOLUTION NO. 3503
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE
MAYOR TO EXECUTE SERVICE AGREEMENTS TO PROVIDE SEWER SERVICE TO THE
AREAS OF BUENA PARK, HAWAIIAN GARDENS, AND LOS ANGELES COUNTY FORMERLY
IN THE CYPRESS COUNTY WATER DISTRICT.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION_OF RENEWAL OF THE FHP HEALTH MAINTENANCE ORGANIZATION PLAN: The
: Risk Management Technician reviewed the staff report dated December 6, 1988 .~:
i indicated that the Family Health Program (FHP) is the City/District pre-paid
health maintenance organization medical plan and the renewal quote for the
1989 plan year is 4.7%, which is consistent with previous years . increases
while maintaining the same benefit level.
Mayor Davis asked if there was a method in which a short term extension could
be generated and a work session be held to study both the FHP plan and the
self-funded insurance plan. The Risk Management Technician advised that if a
workshop is to be considered, it could be done with approving the renewal as
both contracts have cancellation clau~es with 30 day notices of cancellation.
After some discussion, Mayor Davis believed that a date could be set at the
January 9 Council meeting at which time the workshop session would be held.
It was moved by Councilmember Age and seconded by Councilmember Kanel to
authorize the renewal of the FHP pre-paid Health Maintenance Organization
Program at the rates outlined in the report. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Arnold
CONSIDERATION OF RENEWAL OF THE CITY'S SELF-FUNDED MEDICAL INOEMNITY PLAN:
The staff report dated December 6, 1988 indicated that the City/District has .pr;".,~
successfully partially self-funded its indemnity medical plan since 1982. The
staff feels that the self-funded medical plan continues to be a cost effective
method of providing the City/District's employees high quality indemnity
medical care.
As in the previous item, this item will be discussed by the Council in a
workshop session, date to be determined at the January 9, 1989 Council
meeting.
It was moved by Councilmember Kanel and seconded by Councilmember Age to
authorize the renewal of the Self-Funded Medical Program as outlined in the
report. The motion unanimously carried by the following roll call vote:
.
17
/
City Council Minutes December 12, 1988443-
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
RECESS: Mayor Davis recessed the meeting at 1:41 a.m. in order for the
Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 1:43 a.m. with all Councilmembers present except
Councilmember Arnold.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 29689 -
29911 : It was moved by Councilmember Kanel and seconded by Councilmember Age
to approve the Warrant List for Warrant Nos. 29689 through 29911 in the amount
of $550,979.98. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF APPOINTMENT OF REPRESENTATIVES TO THE CYPRESS TRANSPORTATION
ADVISORY COMMITTEE (C.T.A.C.): The staff report dated December 7, 1988
indicated that a letter from the Chamber of Commerce requested that Mr.
Charles Hicks, Jr. be substituted as the Chamber of Commerce representative.
It was moved by Councilmember Kanel and seconded by Councilmember Age to
appoint Mr. Charles Hicks, Jr., as the Chamber of Commerce representative to
the Cypress Transportation Advisory Committee. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
Due to the lateness of the hour, Mayor Davis continued the following items to
the meeting of January 9, 1989 and hearing no objection, so ordered.
Continuation of Consideration of Method of Filling Vacancies on City
Commissions.
Continuation of Consideration of Appointments to the Cypress Recreation
& Community Services Commission.
Continuation of Consideration of Appointments to the Cypress Cultural
Arts Commission.
Continuation of Consideration of Appointments to the Cypress Cable
Television Commission.
Continuation of Consideration of Scheduling an Interview session for
Appointment to the Cypress Traffic Commission.
Consideration of Rate Increases for Cable Television.
Consideration of Report on Resolution of Traffic Issues on Walker Street
Between Orange Avenue and Ball Road
Consideration of Zoning Use Determination for the Cypress Elementary
School District's Request to Operate a Recreational Vehicle Storage
Yard.
Consideration of City Council Appointments.
Consideration of an Additional Appropriation for D.A.R.E. Shirts.
.18
444City Council Minutes December 12, 1988
.
ADJOURNMENT: Mayor Davis adjourned the meeting at 1:46 a.m.
wJk-- fL
MAYOR OF THE CITY OF CYPRESS
ATTEST:
~.
CITY4d'~ OF CYPRESS
-
"".....
19