Minutes 90-11-13
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 13, 1990
A Regular Meeting of the Cypress City Council was called to order at 5:36 p.m., Tuesday,
November 13, 1990, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Cecilia
Age presiding.
PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex and Acting City Attorney John
Cavanaugh and staff members Bacock, Barrett, Beardsley, Hamlin, Storey and Wicker.
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) COPIER, REQUEST FOR
QUOTATION NO. 9091-06: The Finance Director presented the staff report dated
October 24, 1990, which indicated that five bids were considered for the purchase of one
copier to be used in the administrative division of the Police Department.
It was moved by Councilmember Kanel and seconded by Councilmember Arnold to accept
the bid received from Edgemont Sales Company, 6101 Gateway Drive, Cypress, CA 90630
as the lowest responsible bidder and award a contract for one copier to this company in
the amount of $4,458.25. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) OFFSET PRESS,
REQUEST FOR QUOTATION NO. 9091-07: The Assistant City Manager summarized the
staff report dated October 26, 1990, which indicated that six companies responded and
three of those six offered alternative bids for one new offset press. Staff has found that
the two lowest bidders on the Hamada units and the Ryobi unit do not sufficiently meet
the bid specifications needs of the City.
It was moved by Councilmember Kerry and secondcd by Councilmcmbcr Bowman to
accept the bid received from A. M. Multigrapllics, 10349 Heritage Park Drive, #2, Santa
Fe Springs, CA 90670 as the lowest responsible bidder meeting specifications and award a
contract to this company for the purchase of one (1) offset press in the amount of
$21,260.00. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR IRRIGATION CONTROLLERS,
REQUEST FOR QUOTATION NO. 9091-I I: The Finance Director reviewed tl~c stal'l'
report dated October 30, 1990, indicating that five complete bids were received for the
purchase of 21 irrigation controller units.
It was moved by Councilmember Arnold and seconded by Councilmember Kcrry to accept
the bid received from Coast Turf and Utility Supply, 2200 E. Orangewood Avenuc,
Anaheim, CA 92806 as the lowest responsible bid and award the contract for the
irrigation controllers to this company in the amount of $4,544.53.
CONSIDERATION OF A\VARD OF CONTRACT FOR AGRICULTURAL CHEA~ICALS,
REQUEST FOR QUOTATION NO. 9091-12: The Finance Director presented the stal'l'
report dated October 30, 1990, which indicated that six bid offers were returned I'or the
purchase of various agricultural chemicals. As part of the bid instructions, vendors were
notified that the final award may be split between vendors to rcl'Icct arty cost savings to
the City.
It was moved by Councilmcmbcr Bowman and secondcd by Councilmcmbcr Kancl to split
the award of contract for the purchase of various agricultural chemicals as follows:
Moyer Products, Inc. 3321 1V. Castor, Santa Ana, CA 92704 for non-selective herbicide and
growth retardant in the amount of $9,070.96; Puregro Co., P.O. Box 232, Riverside, CA
92502 for selective pre-emergence herbicide in the amount of $4,185.08 and to Van Waters
& Rogers, lnc., 1363 S. Bonnie Beach Place, Los Angeles, CA 90023 for pre-emergence
herbicide in the amount of $729.90 for a total expenditure of $13,985.94. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kancl, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes November 13, 1990
CONSIDERATION OF AWARD OF CONTRACT FOR PUBLICATION OF LEGAL
ADVERTISEMENTS, REQUEST FOR QUOTATION NO. 9091-14: The City Manager
summarized the staff report dated October 31, 1990 indicating that one bid was received
for the publication of legal advertising.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
accept the bid received from the News Enterprise, P. O. Box 38, Los Alamitos, CA 90720
and award the contract for publication of legal advertisements for the period November
10, 1990 through November 10, 1993 at the rate of $7.00 per legal square for-the first
. insertion and $6.00 per legal square for the second insertion. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR TVVO (2) YEAR CONTRACT FOR
DELIVERY OF PROPANE FUEL, REQUEST FOR QUOTATION NO. 9091-I5: The staff
reported dated November 1, 1990 was presented by the Finance Director who stated that
two bids were received for a two year contract for the delivery of propane fuel.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
accept the bid received from Suburban Propane, 535 Melrose Avenue, Placentia, CA 92670
as the lowest responsible bidder and award a two (2) year contract for the dclive~~y of
propane fuel to this company at $.679 per gallon with a refinery increase clause. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCTLMEMBERS: Arnold, Bowman, Kanel, Kerry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" arc to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Upon advice from the Acting City Attorney, Councilmember Bowman requested that Item
No. 9, Consideration of an Application for Alcoholic Beverage License Transfer Filed by
Howard Chin, D.B.A. Eddie's Liquor, 5004 Ball Road, Cypress, be removed from the
Consent Calendar because his business office is in the same center as the applicant and he
would abstain from the vote.
It was moved by Councilmember Kancl and seconded by Councilmember Kerry to approve
the Consent Calendar, Items No. 7 through 19, with the exception of Item No. 9. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kancl, Kcrry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item No. 7: Consideration of Approval of City Council Minutes of October 22, 1~~90 and
October 29, 1990.
Recommendation: That the City Council approve the Minutes of October 22, 1990 and
October 29, 1990, as submitted.
Item No. 8: Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and to Naive Further Reading.
Item No. 10: Consideration of Amended Claim Filed by Paul J. Wallin, Attorney, on
Behalf of Manny Arellano.
Recommendation: That the City Council officially reject the subject Amended Claim and
refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate
disposition.
Ttem No. 11: Consideration of Proclaiming November 18-25, 1990, as the 50th Anniversary
of "Bible Week".
Recommendation: That the Mayor and City Council officially proclaim November 18-25,
1990, as the 50th Anniversary of "Bible \Veck" in the City of Cypress.
Item No. 12: Consideration of an Application for Alcoholic Beverage License Filed by
Kathleen Barbosa, D.B.A. Burnt Tortilla, 10569 Valley View Street, Cypress.
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Recommendation: Receive and file.
Item No. 13: Consideration of Contract Change Order No. 1 -Installation of New Sound
System -Cypress Community Center, Public Works Project No. 9011.
Recommendation: Receive and file.
Item No. 14: Consideration of Contract Change Order No. 4 -Construction of New Fuel
Dispensing Facility, Public Works Project No. 8876.
Recommendation: Receive and file.
Item No. 15: Consideration of Employment Lists -Maintenance Worker I, Maintenance
Worker II, and Recreation Coordinator -Adults Sports.
Recommendation: That the City Council and acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District, certify the Employment Lists for
the positions of Maintenance Worker I, Maintenance Worker II, and Recreation
Coordinator -Adults Sports, as submitted.
Item No. 16: Consideration of Preliminary City Engineer's Report for Cypress Lighting
District No. 2 - 1991.
Recommendation: That the City Council adopt the three Resolutions by title only, titles
as follows, which will approve the City Engineer's Preliminary Report; will give notice of
the Council's intention to install, maintain, and furnish energy for the street lighting
system; and will establish the date, place, and time of the required Public; Hearing as
December 10, 1990, in the City Council Chamber, at 7:30 p.m.
RESOLUTION NO. 3844
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE
PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO
THE REQUIREMENTS OF RESOLUTION NO. 3841 OF SAID COUNCIL.
RESOLUTION NO. 3845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS
INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN
STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED
AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID
SYSTEM FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 1991
AND ENDING JANUARY 1, 1992.
RESOLUTION NO. 3846
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, GIVING NOTICE OF AND
APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION
TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF
INTENTION NO. 3845.
Item No. 17: Consideration of a One (1) Year Extension -Design Rcvicw Committee No.
88-28, Two-Story Office Buildings - 5633 Lincoln Avcnuc.
Recommendation: That the City Council approve a one (I) year extension for Design
Review Committee No. 88-28.
Item No. 18: Consideration oC Acceptance of Final Tract Map No. 14107 (Bishop Strcct,
South Side, East of Grindlay Strcct).
Recommendation: That the City Council approve Final Tract Map No. 14107 and accept
the bond for public improvements in the amount of $2,100.00, which is not less than 50%
nor more than 100% of the total improvements, and authorize the City Clerk to sign tl~e
Record Map.
Item No. 19: Consideration of Design Review Committee's Approval of DRC #90-31 and
#90-32.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
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Regarding Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Howard Chin, D.B.A. Eddie's Liquor, 5004 Ball Road, Cypress, it was moved by
Councilmember Kanel and seconded by Councilmember Kerry to receive and file the
report. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Bowman
Councilmember Bowman was excused from the vote and allowed to abstain due to the
proximity of his business to that of the applicant's.
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, appr wing CUP No. 90-21.
RESOLUTIO v NO. 3847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90-21 -WITH CONDITIONS (U-
HAUL TRUCK RENTAL SERVICE, 4912 BISHOP STREET).
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel, Kerry and Age
NOES: 2 COUNCILMEMBERS: Arnold and Bowman
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
adopt the Resolution by title only, title as follows, approving Tentative Tract Map No.
14365.
RESOLUTION NO. 3848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 14365 - ~'VITH CONDITIONS
(SINGLE-FAMILY RESIDENTIAL HOMES, 8212 GAY STREET).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Agc
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
adopt the Resolution by title only, title as follows, approving Tentative Parcel Map No.
90-263.
RESOLUTION NO. 3849
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE PARCEL MAP NO. 90-263 - WITFI CONDIT[ONS
(DIVIDE ONE (1) PARCEL INTO FOUR (4) PARCELS, 8232 GAY STREET).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Agc
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, denying without prejudice CUP No.
% 90••22.
RESOLUTION NO. 3850
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING WITHOUT PREJUDICE CONDITIONAL USE PERMIT NO. 90-22
(CONSTRUCT 5-UNIT APARTMENT COMPLEX, INCLUDING ONE (1)
DENSITY BONUS UNIT, 8712 BELMONT AVENUE).
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The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Bowman and Age
NOES: 2 COUNCILMEMBERS: Kanel and Kerry
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, denying without prejudice Variance
No. 90-16.
RESOLUTION NO. 3851
A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING WITHOUT PREJUDICE A VARIANCE FROM THE TERMS OF THE
ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW ONE (1)
PARKING SPACE WITHIN THE REQUIRED FRON'C YARD SETBACK -
VARIANCE NO. 90-16 (8712 BELMONT AVENUE).
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Bowman and Age
NOES: 2 COUNCILMEMBERS: Kanel and Kerry
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving amendment to CUP No. 89-
23.
RESOLUTION NO. 3852
A RESOLUTION OF THE CITY COUNCIL OF THE CITE' OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-23 -WITH
CONDITIONS (CONVERT SEVEN (7) APARTMENT UNITS TO
CONDOMINIUMS, INCLUDING ONE (I} DENSITY BONUS UNIT, 9562 WALKER
STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kancl, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUIJCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving Tentative Tract Map No.
14404.
RESOLUTION NO. 383
A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTAT VE ~'RACT MAP NO. 14404 -WITH CONDITIONS
(SUBDIVIDE ONE (1) PARCEL INTO ONE (1) PARCEL FOR THE SALE OF
CONDOMINIUM UNITS, 9562 WALKER STREET).
The motion unanimously carri~:d by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, granting the Variance 90-17 for the
substitution of shuttle buses for parking spaces.
RESOLUTION NO. 3854
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 SUBSTITUTION OF SHUTTLE
BUS SERVICE TO ELIMINATE THE NEED FOR TWENTY-FOUR (24)
ADDITIONAL PARKING SPACES (DOUGLAS AIRCRAFT BUILDING, 6100
CHIP AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kancl, Kerry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes November 13, 1990
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
adopt the Resolution by title only, title as follows, approving amendment to CUP No. 89-
27.
RESOLUTION NO. 3855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-27 -WITH
CONDITIONS (KOREAN COMMUNITY CHURCH, 5900 BALL ROAD),
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman ^ Kanel, Ke: ry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT; 0 COUNCILMEMBERS: None
WORKSHOP SESSION: Discussion Regarding Development Moratorium on ~~ll or Portions
of the Recently Annexed Properties to the City of Cypress.
The Acting City Attorney, John Cavanaugh, presented the staff report dated November 6,
1990, summarizing the legal steps of a proposed moratorium ordinance which, instead of
banning all building, would temporarily prohibit certain kinds of construction while
setting specific criteria for other projects. These types of ordinances are designed to hold
the line on building while permanent protection such as new zoning regulations and more
restrictive community plans are developed and restrict new development without bringing
construction to a standstill. He advised that it is important that the Council arrive at a
very strict finding that there is an urgency and the purpose behind the moratorium is
that there is a necessity because there is a public health and safety problem.
Councilmember Bowman requested information on what dedications have already been
made, how many dedications the County has, what is the status of the Redevelopment
Agency in that area, street widening, curbs and gutters, lighting, costs and drainage and
he would like to know these things prior to a vote on a moratorium because a moratorium
is a very serious thing. The Public Works Director reported that there was a
comprehensive study and estimate to determine how much was needed to improve the
annexation area and that material is available.
After some discussion, Mayor Agc suggested that this item be returned to Council for a
discussion during the first or second week of December, have Department Heads provide
presentations and bring this item up during that time for further discussion.
The City Manager advised Council that staff does attempt to discourage variances and
attempts to work with every applicant to make the project fit within the guidelines of the
Zoning Ordinance. He suggested that the work session be placed on the next Agenda for
discussion.
CLOSED SESSION: Mayor Age recessed the mccting at 6:30 p.m. to allow the Council to
enter Closed Session for matters of personnel and litigation. The mccting reconvened at
7:35 p.m. with all Councilmembers present. Staff members Bacock, Barrett, Beardsley,
Hamlin, Storey and }Nicker were also present.
PLEDGE OF ALLEGIANCE: Councilmember Kerry ]cd the pledge.
The City Manager reviewed the Council actions taken during the 5:30 portion of the
Agenda.
The City Attorney summarized discussions held during the closed session in which the
Council was advised of personnel matters, potential litigation and the pending litigation
against the Los Alamitos Race Track and Golf Course Redevelopment Plan and the
Lincoln Avenue Redevelopment Plan.
The City Manager announced that the Cypress Little Lcaguc All Stars would not be
present this evening for their presentation.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Richard Calloway, 4422 Patricia Drive, Cypress, asked for the Council's help in
abating some of the noise emanating from the Grace COmmUnlt}' Church where they arc
using their parking lot as a playground. The neighbors have talked to the pastor several
times about the noise to no avail.
The Interim Planning Director advised Council that the church is well aware that they
are in violation and the Planning Department has asked them to stop all of the outdoor
activity until this item can be brought before the Council. The church had been
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informed that if they wished City Council approval for this activity, they would have to
file for an amendment to the conditional use permit. In order to meet the deadline for
the November 26 Agenda, they would have had to file the application by October 26 and
they did not.
Councilmember Kerry asked that this item be placed on the next Agenda.
Mayor Age requested the City Manager to write a letter and place a phone call to Grace
Community Church and this matter will be followed up on the Council level.
Ms. Barbara Howell, 4452 Patricia Drive, Cypress, stated she has had dealings with both ter,"`
the City and the church on this matter for over a year.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, spoke of two children that were hit in the
crosswalk on Walker Street. He stated that Walker Street is a very dangerous street and a
traversable island has been scheduled to be installed on that section of Walker Street. Mr.
Sundwall also stated that he has come to City Hall each month to find out why the street
has not been striped.
Mayor Age requested that the Public Works Director provide the Council with a report on
the status of street striping of the traversable island at the November 26, 1990 meeting.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
Mr. Anthony Fonte, 8081 Stanton Avenue, Buena Park, referenced Item No. 33 on the
Agenda and that he represented the Fairchild family. There had been a request to
withdraw this application, but Mr. Fonte requested a continuation of this item to the first
meeting in December and hearing no objection, Mayor Age so ordered.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT NO. 79-7, CAMELOT PRESCHOOL EXPANSION, 4460 LINCOLN
AVENUE: Mayor Age opened the public hearing. Ms. Hamlin, the Interim Planning
Director, presented the staff report dated November I, 1990, which represcntcd a request
to expand the existing operation of the Camelot Preschool located in the Mission Ccntcr
Commercial Plaza, including an additional 1,992 square feet of outdoor playground area,
at 4460 Lincoln Avenue. In accordance with the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this project. Notices
of this public hearing have been posted, published and mailed to all property owners
within a 300-foot radius of the subject center. To date, staff has not received any
communication regarding this l~rojcct.
Ms. Adita Patel, Director of Camelot Preschool, stated that the expansion is contemplated
to accommodate the need for c~tcnded day care as there arc more school-age children
whose school hours do not coin:ide with parents' wort: hours.
Councilmember Kerry expressc~_i her concern about the aesthetics of the tcmporary-
looking fence; it is not appealing and suggested this item be continued so the other
Councilmembers would have an opportunity to look at the 1'cncc.
Mayor Age asked if anyone wished to speak in support of or in opposition to the
application. No one did so.
It was moved by Councilmember Bowman and seconded by Councilmcmbcr Arnold to
close the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and approve amendment to
Conditional Use Permit No. 79-7 subject to the conditions in Exhibit "A". Councilmcmbcr
Kerry stated that she had a real concern with the fencing, there should be a condition
requiring abetter-looking fence, the Ccntcr justifies it and she would not support the
motion. Councilmember Kanel suggested that the applicant might want to consider
improving the fence on a voluntary basis. The motion carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kancl and Agc
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC' HEARING RE: VARIANCE NO. 90-18, AMATEUR
RADIO ANTENNAS, 9144 ET1iEL STREET: Mayor Age declared the public hearin<;
opened. The City Manager requested the interim Planning Director present the staff
report dated November 2, 1990, which represcntcd a request for a variance from the
Cypress Zoning Ordinance to install more than two (2) amateur radio antennas; locate
them closer than ]0 feet from another structure; higher than 35 feet; a front yard guy
anchor and roof mounted antennas. In accordance with the California Environmental
Quality Act, a Negative Declaration will be filed for this project. Notices of this public
hearing were posted, published and mailed to the property owners within a 300-foot
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radius of the subject property. Communications have been received from three
individuals who are opposed to this application.
The applicant, Mr. John Desloge, 9144 Ethel Street, Cypress, stated he has been a federally
licensed amateur radio operator for 34 years. During the time he has lived at this
location, he advised that he has had no complaints from any neighbors but the Drakes
who live next door. He is more than willing to work with his neighbors to help resolve
any problems. He also stated that he has taken exceptional steps to eliminate the
potential for interference.
Mayor Age asked if anyone wished to speak in support of the application.
Mr. Chuck Johnson, 10201 St. Joan Street, Cypress, Chairman-elect of CODES for the City
of Cypress, stated that Mr. Desloge is a member of CODES also. He remarked that all
coverage that is available is needed to be able to effectively communicate during a
disaster or emergency and urged the approval of the variance.
Mr. Kenneth Gray, 4221 Avenida Madrid, Cypress, an amateur radio operator and a
member of CODES, called to the Council's attention the importance of having amateur
radio operators able to operate within the City in time of disaster. if there is
interference on someone's television set, it can be corrected by a filter and the same for
the telephone. He requested that the variance be approved by the Council and made
applicable to any other amateur radio operators within the City.
Mr. Ron Cade, 11591 Rabaul Drive, Cypress, an amateur radio operator, stated that he has
been granted permits to install towers for radio antennas. He explained how the
interference problems with neighbors' televisions and telephones from antennas could be
eliminated.
Mr. David Gutierrez, 5221 Del Norte Circle, La Palma, a member of the American Radio
Relay League, is a member of a local committee which assists amateur radio operators
with interference problems. He stated that his association would be willing to work with
the applicant in helping him resolve the neighbors' interference problems.
Mayor Age asked if anyone wished to speak in opposition to the application.
Carolyn and Jim Drake, 9154 Ethel Street, Cypress, next door neighbors of the applicant,
stated that in every other respect Mr. Desloge has been a good neighbor. Mrs. Drake
explained the interference problems experienced on their television and telephone. ~Vhcn
Mr. Desloge is on his equipment, she is unable to get a response from him when there is
an interference problem in the neighborhood. Mr. Drake stated that there was a time
when the radio operation would cause all the appliances in their home to go out; now it is
just the television that is interfered with whenever there is a transmission. Mr. Drake
also stated that he did not want to interfere with the applicant's hobby and would rather
resolve the matter themselves.
Debra and Tony Sigman, 9135 Gregory Street, Cypress, who live directly behind Mr.
Desloge, commented that they have experienced difficulty with their telephone and
television set and tried to resolve the problem with the telephone themselves but the filter
installed on the phone didn't work. Mr. Sigman stated he had tried to talk to the
applicant about the problems and couldn't reach him.
Ms. Sharon Yaeger, 9145 Gregory Street, Cypress, commented that they have problems
with their VCR, television and telephone whenever the applicant transmits. Shc has
attempted to contact the applicant but has been unsuccessful.
Councilmember Kanel suggested that this matter be continued to allow time for a sonic
meetings between the applicant and neighbors or the applicant curtail sonic of his
transmission if he has been affecting some people even with filters. The matter needs to
be looked at in more detail and reported to Council.
Mr. Desloge stated he wasn't aware that the neighbors were trying to contact him about
the interference problems and he felt that the matter could be resolved.
Councilmember Arnold commented that there were many things that could cause unusual
variances in the transmission resulting in problems to the neighbors. Thcrc arc
capabilities of transmitting and being able to operate radios without disturbing tlic
neighbors. She stated she is not in favor of granting a variance at this time.
Councilmember Kerry expressed concern that all alternatives have not been exhausted
and some of the neighbors would attempt to resolve the problem with the applicant.
Councilmember Kanel stated that he concurred with Councilmember Kerry and some of
the neighbors have indicated they would like to resolve these problems themselves.
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City Council Minutes November 13, 1990
Councilmember Bowman commented that perhaps the problem lies with the equipment
that has been installed and based on that, he then moved to close the public hearing and
deny Variance No. 90-18. Councilmember Arnold seconded the motion. Councilmember
Kanel commented that Council doesn't know what the problem was with the equipment,
he would like to see it worked out with the neighbors and he could not support the
denial. Mayor Age concurred with the motion because there are neighbors other than the
Drakes that are upset with the problem and the interference with their everyday lives.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Bowman and Age
NOES: 2 COUNCILMEMBERS: Kanel and Kerry
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Kanel stated, for the record, that his no vote was based on continuing the
item to have it resolved between the neighbors, not to support the variance and
Councilmember Kerry concurred.
RECESS: Mayor Age recessed the meeting at 9:26 p.m. and reconvened the meeting at 9:35
p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-
25 CYPRESS SENIOR COMMUNITY, 110 RESIDENTIAL UNITS, 5120 LINCOLN
AVENUE: Mayor Age opened the public hearing. The City Manager asked the Interim
Planning Director to summarize the staff report dated November 5, 1990, which
represented a request to develop a 110 unit retirement community at 5120 Lincoln
Avenue. According to the requirements of the California Environmental Quality Act, a
Negative Declaration will be filed for this project. Notices of this public hearing ~vcrc
published, posted and mailed to all property owners within a 300 foot radius. To date,
staff has received no communication regarding this matter.
Responding to Councilmember Bowman, the Interim Planning Director answered that in
Orange County the median income is so high relative to other counties in the region, the
size of the unit and what they could get for it in terms of tl~e market rate would
automatically fall to the low income households. However, it would not necessarily
protect those individuals falling within the very low income. Councilmcmbcr Bowman
stated he has a problem with this if it is not made a condition because no one knows
what the market will do.
Mr. Dick Brodway, Plaza Development, 131 N. Tustin Avenue, Suite 106, Tustin, briefly
explained the proposed project, agreed to the conditions of approval and volunteered to
answer any questions from Council.
Responding to Councilmember Kerry, Mr. Brodway advised that there is a preleasing
period during construction in which a priority list is formed, the local people are aware
of it and he would agree to give the citizens of Cypress first priority for housing.
Councilmember Bowman stated he didn't find anything in the conditions that would
indicate that this structure is designated senior citizens housing. The Interim Planning
Director advised that this could be made a condition. Mr. Brodway suggested that they
would be willing to meet with the City Attorney and work out a covenant that runs with
the land to address this. The Acting City Attorney advised that a covenant could be
entered into that would restrict the use of the units to senior citizen housing citlicr for
the life of the units or until the City decides to relinquish, which will be added as
Condition No. 53.
Councilmember Bowman asked that an additional condition be written where, with the
square footage of the units, the development would qualify as low to moderate income
housing under the present guidelines of rents and median income. The Interim Planning
Director stated that type of condition could be included but because of the actual market
rate, rental prices that can be placed on the units because the County median income is so
high, the type of rents charged would automatically fall within the rental range
established by redevelopment agency requirements. The City Manager suggested that the
provisions of the Redevelopment Agency be restated thus taking care of the issue.
Mr. Mickey Williams, Trident Financial, explained that technically most of their rents
wouldn't be any higher than the lower income level but the problem is now there is a
project where all the units are restricted, there arc two separate lenders and no one would
finance a project with those restrictions.
Mayor Age asked if anyone wished to speak in support of or opposition to this project.
No one wished to speak.
After some discussion on guest parking, Councilmcmbcr K.anel mentioned that this would
be an ideal site for a senior facility and it would be satisfying the housing requirements
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City Council Minutes November 13, 1990 1 0
of our housing element. Councilmember Kerry expressed her concern with three story
structure and might the matter be considered further before a decision is made.
It was moved by Councilmember Kanel and seconded by Councilmember Arnold 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. 90-25
subject to conditions. The Public Works Director added the following to Condition No.
36, "...or be of such size and space and as determined by the Design Review Committee to
be appropriate for the type of trees to be planted." The applicant agreed to the amended
Condition No. 36. The Acting City Attorney stated that it was his understanding that a
project of this size the age would be 62 and it can be written consistent with state law.
The City Manager clarified if there would be a condition added as to the guest parking
and the gate and Mayor Age directed the Interim Planning Director to do so. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AN ORDINANCE AMENDING
CHAPTER 25 "SUBDIVISIONS" OF THE CODE OF THE C[TY OF CYPRESS BY THE
ADDITION OF ARTICLE IV-A "MERGER OF PARCELS": The public hearing was
opened by Mayor Age. The Interim Planning Director presented the staff report dated
November 5, 1990, which indicated that this public hearing was to obtain testimony from
all interested persons regarding a proposed ordinance which would allow the merger of
contiguous parcels. In accordance with the requirements of the California Environmental
Quality Act, a Negative Declaration will be filed for this project. Notices of this public
hearing were published in the News Enterprise and were posted in the Cypress Civic
Center, the Cypress Community Center and the Cypress Library.
No one wished to speak in support of or in opposition to the project.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to close
the public hearing, certify the Negative Declaration according to the requirements of the
California Environmental Quality Act and approve the first reading of the Ordinance by
- title only, title as follows, adding Article IV-A, "Merger of Parcels" to the City Code.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 25 "SUBDIVISIONS" OF TH E CODE OF THE CITY OF
CYPRESS BY THE ADDITION OF ARTICLE IV-A "MERGER OF PARCELS."
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kancl, Kerry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-
26 43 CONDOMINIUM UNITS, INCLUDING NINE DENSITY BONUS UNITS AND
TENTATIVE TRACT MAP NO. 14430, DIVISION OF TWO PARCELS INTO TWO NEW
PARCELS FOR SEPARATE COMMERCIAL AND CONDOMINIUM USES, 6242 AND
6252 LINCOLN AVENUE: Mayor Age opened the public hearing and mentioned that
earlier in the evening there L-ad been a request for a continuance of this item rather than
a withdrawal.
It was moved by Councilmember Bowman and seconded by Councilmember Kancl to
continue this item to December 10, 1990. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF ORDINANCE REGULATING THE
COMPETENCY OF PLUMBERS WORKING IN THE CITY OF CYPRESS: Mayor Agc
called upon Councilmember I:anel to present this item, which he requested be placed on
the Agenda. Councilmember Kanel stated that representatives of P.1.P.E. and possibly
other organizations were in attendance. The item to be discussed is to have a
competency-type test for people in the plumbing business working in the City.
The Public Works Director reviewed the four responses received to the questionnaire and
the proposed ordinance sent to plumbers located in Cypress and/or who perform work in
the City.
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Councilmember Kanel suggested that the representatives of the various organizations give
testimony on this topic which might answer some of Council's questions.
Mr. Robert Payne stated he represented the Plumbing Piping Industry Council, and he was
also one of the trustees on P.I.P.E., which is alabor-management cooperation committee
and not an industry promotion fund. He also stated that his organization is forcing their
members to upgrade their skills and provide a minimum standard. He explained the
organization, their philosophy, and what they are attempting to accomplish by upgrading
skills in the plumbing industry and believed that several of the building trades should Ue
certified. He then answered questions from Council. ,
Mr. Gene Genovese, journeyman plumber, stated that he believed there was a dire need
for certification of plumbers because there are people doing plumbing work they are not
qualified to do.
Mr. Jack Ferrera, 2925 Mt. Pine Drive, La Crescenta, Assistant Executive Director of
P.I.P.E., stated that P.I.P.E. is not a union organization, it is a testing organization and is
attempting to certify the competency of people doing piping work.
Mr. Bruce Alexander, George Brazil Plumbing, clarified that the proposed ordinance was
drafted by P.I.P.E. and has no administrative authority. He asked why this was going on
in Cypress and not surrounding cities. He stated that P.I.P.E. has exempted evcrytliing in
their ordinance except the residential plumbing service and repair. He Uelieved that it
was good for each City to set up plumbing boards and regulate the contractors within the
City.
Councilmember Kanel remarked that the ordinance is similar to what other cities Dave
approved. The City Attorney did not draft the ordinance; it has Ueen constructed over a
period of time.
After some discussion, Mr. Alexander stated that he does believe in testing and licensing
because the condition of the plumbing industry is not good, but he does not Uelieve that
it should be done by anybody other than an administrative authority and that's the issue.
Mr. Robert Purzycki, 11632 Luzon Street, Cypress, voiced his objection to the ordinance
because it is a union issue. It is Ucing administered, sponsored and pushed Uy P.I.P.E.
Everyone supports having the best qualified people in the industry; they are opposed to
having P.I.P.E. administering testing and qualifying. He suggested that this Ue tabled for
a month and the ordinance revised.
After further discussion, the Mayor Age suggested that this matter Ue continued to
January 1991.
It was moved by Councilmember Kerry and seconded Uy Councilmember Kanel to
continue this item to January 14, 1991. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILI\TEMBERS: None
It was moved by Councilmember Kanel and seconded Uy Councilmember Kerry to
continue the meeting past the hour of 11:30 p.m. The motion carried Uy the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ADOPTION OF FEES FOR FIRE PREVENTION, FALSE
ALARMS AND MISCELLANEOUS SERVICES PROVIDED BY ORANGE COUNTY FIRE
_DEPARTMENT: The City Manager requested the Public Works Director to present the
staff report dated November 2, 1990, which indicated that the Orange County Board of
Supervisors had enacted a series of fees for services provided Uy the Orange County Firc
Department. The fees include fire prevention activities, responses to false alarms and
miscellaneous services. These fees are necessary to help offset the costs of fire prevention
services currently provided at no charge to the cities and communities served Uy the Firc
Department.
Mr. Bob Hennessey, Orange County Fire Department, and Ms. Joan Steiner, Financial
Services Section, were present to answer questions from Council. Mr. Hennessey stated
that false alarm fees are user fees or a fine for the malfunctioning of alarm equipment.
In case of the fire prevention fee, it is a permit fee for storage, use, processing of
hazardous materials and annual inspections of occupancies who do not comply with the
regulations of the code. He also stated that they did not believe that the fees were an
issue of equity.
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City Council Minutes November 13, 1990 - 1
The City Manager explained that Cypress is balanced to what they contribute compared
with what is received in service and he would have no problem recommending the
adoption of fees.
Responding to Councilmember Kerry's question on alterations and improvements, Mr.
Hennessey answered that does not include residential buildings and they are focusing on,
in the area of plan checking, is commercial, industrial, institutional and major multi-
family structures.
m After further discussion, Ms. Joan Steiner verified that they are one of the few fire
agencies that did not have these types of fees in place.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
concur with the implementation of the County of Orange Fire Fee Program; to approve
the first reading of the Ordinance by title only, title as follows, amending the fire code
to authorize the collection of fire fees and adding sections to the City Code pertaining to
fire alarms and false alarms and adopt a Resolution by title only, title as follows,
enacting fees for fire prevention, false alarms and miscellaneous services. C~uncilmembcr
Kerry asked if the motion would include the exemption for single family residences to be
inserted in the Ordinance, which applies to new construction, alterations and
improvements. Councilmembers Kanel and Bowman concurred.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTION 5-4(A)(l)(i)TO THE CODE OF THE CITY OF CYPRESS
AUTHORIZING THE CHARGING OF CERTAIN FEES FOR PERMITS AND
INSPECTIONS UNDER THE UNIFORM FIRE CODE, 1988 EDITION; AND
ADDING SECTION 17-60 TO 17-68, "FIRE ALARMS, FALSE ALARMS," TO THE
CODE OF THE CITY OF CYPRESS TO REGULATE FALSE FIRE AI_.ARMS IN
THE CITY.
RESOLUTION NO. 3856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS TO
ENACT FEES FOR FIRE PREVENTION, FALSE ALARMS AND
MISCELLANEOUS SERVICES PROVIDED BY THE ORANGE COUNTY FIRE
DEPARTMENT AND TO AUTHORIZE THE COUNTY OF ORANGE TO
ADMINISTER COLLECTION AND ENFORCEMENT OF SUCH FEES.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AMENDMENT TO THE CITY OF CYPRESS/CYPRESS
RECREATION AND PARK DISTRICT PERSONNEL RULES AND REGULATIONS,
CHAPTER 4 AND 5, FLEXIBLE STAFFING PROCEDURES: The City Manager
requested the Personnel Director to present the staff report dated November 5, 1990,
which described a set of procedures to implement the concept of flexible staffing.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel that the
City Council, and acting as ex officio Board of Directors of the Cypress Recreation and
Park District, adopt the Resolution by title only, title as follo~+~s, amending a portion of
the City/District's Personnel Rules and Regulations.
RESOLUTION NO. 3857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY
OF CYPRESS, AMENDING RESOLUTION NO. 1635, RULES AND
REGULATIONS, CHAPTERS 4 AND 5, SECTIONS 4, 11 AND 5.04,
~ CONCERNING FLEXIBLE STAFFING FOR EMPLOYEES OF THE CITY OF
CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, 1<.anel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL 1VARRANT LIST FOR
WARRANTS NO. 41919 - 42177: It was moved by Councilmember Kanel and seconded by
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Councilmember Kerry to approve the Warrants Nos. 419.19 through 42177 in the amount of
$848,724.94. The motion unanimously carried by-the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Agc
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 11:45 p.m.
ATTEST:
J
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