Minutes 86-03-2457
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
March 24, 1986
The regular meeting of the Cypress City Council was called to order at 7 :35 p.m. on Monday,
March 24, 1986, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, by Mayor Otto Lacayo.
PRESENT: Councilmembers Coronado, Kanel, Mullen & Lacayo
ABSENT: Councilman Partin
Also present were City Manager /City Clerk Darrell Essex, Deputy City Attorney Sylvia
Lautsch, and the following staff members: Barrett, Beardsley, Hurst, Jones, Leonard,
Lowenberg and Thomas.
Mayor Lacayo announced that Councilman Partin had informed him that he would be absent
tonight.
PLEDGE OF ALLEGIANCE: Mr. Essex led the pledge of allegiance.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any
item that was not on the agenda. No one wished to speak.
PRESENTATIONS: Mayor Lacayo introduced second district Supervisor Harriett Wieder and
thanked her, on behalf of the Council, for periodically attending City Council meetings and
keeping close contacts with the City.
Supervisor Wieder stated she has enjoyed working with Cypress officials and serving the
interests of the residents, and she commended the Council's leadership in developing the good
economic health of the community. Supervisor Wieder stated she was present tonight to pay
tribute to a Cypress resident who is held in high esteem by the Board of Supervisors because
of her active involvement in City and County -wide activities. She read the resolution
unanimously adopted by the Board of Supervisors commending Mrs. Elsie Carruthers for her
devoted and unselfish service on behalf of the community. The resolution cited Mrs.
Carruthers' participation on the Cypress Traffic Commission, the Progress '80 Committee,
various State -wide medical associations, the Orange County Social Programs Advisory
Committee, and the Cypress Citizens Leadership Advisory Committee.
The Councilmembers thanked Mrs. Carruthers for her contributions to the community and
congratulated her on the well deserved honor from the Board of Supervisors.
Mrs. Ellen Friedmann, representing the Cypress High School Academic Booster Club,
reported on the activities of the Club and stated the Club represents all 2100 students and no
special interests. She explained that the Club is interested in the academic growth of the
students and the Club's activities include matching up students with available scholarships,
sending out postcards to students who have raised their grade point average from the last
semester, and offering enrichment classes before and after school. Mrs. Friedmann reported
that last year they had a $3,000 Carnegie grant which enabled them to offer 10 special
classes. She stated this year they have been trying to get along with their dues and their
budget is restricted. She indicated that the Club has no bingo games or other organized fund
raisers. Mrs. Friedmann stated they would appreciate any help from the Council, such as a
dollar contribution per student.
Following discussion, it was moved by Councilman Mullen and seconded by Councilman Kanel
to approve a contribution of $2,100 to the Cypress High School Academic Booster Club and
authorize an appropriation from the unreserved fund balance of the General Fund and
allocate $2,100 to Account #4163 -11- 117 -02. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
Mr. Gordon Mullens, representing the Cypress High School Varsity Song Leaders, reported
that the girls won the State Championship and will be representing Cypress at the
International Cheer Leading Competition to be held in Chicago April 10 -13. Mr. Mullens
reported that the eight girls have raised half of the necessary funds for the trip, but they
need an additional $1,500.
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City Council Minutes March 24, 1986
The Council noted that the song leaders would be representing Cypress at the international
competition and that a donation would be a good investment.
It was moved by Councilman Kanel and seconded by Councilman Mullen to approve a
contribution of $1,500 to the Cypress High School Varsity Song Leaders and authorize an
appropriation from the unreserved fund balance of the General Fund and allocate $1,500 to
Account #4163 -11- 117 -02. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
STAFF REPORTS & DISCUSSION: At the request of the City Manager, the Mayor added
Item #38 to the agenda regarding the Miss Cypress Pageant, and an Executive Session for
litigation matters.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 86 -10, MINI-
MARKET WITH OFF -SALE BEER & WINE, AND GASOLINE SALES, 5012 LINCOLN
AVENUE, CYPRESS: Mayor Lacayo opened the public hearing. Senior Planner Vern Jones
summarized a staff report dated March 14 which described the application. He indicated
that staff had not yet reviewed the signing plan and Condition #19 will require staff's
approval before signing is installed. Mr. Jones reported that two legislative bills were
recently introduced: A.B. 3366 would prohibit the Alcoholic Beverage Control Board from
issuing permits for businesses which offer alcohol sales in conjunction with gasoline sales;
A.B. 4146 would allow the off -sale of alcoholic beverages along with gasoline sales subject to
certain conditions.
The Deputy City Attorney reported that the hills were just introduced and have not been set
for hearing.
Mr. Essex reported that a petition was submitted to the Council in support of the
application. He stated the petition does not comply with the City's Petition Ordinance. He
indicated that it has been the Council's policy to accept such non - conforming petitions as
informational items.
Mayor Lacayo asked if the applicant wished to speak.
Mr. Wallace Davis, 540 N. Golden Circle Drive, Santa Ana, attorney representing the
property owners and Atlantic Richfield, spoke in support of the proposal. He stated his
experience with mini - markets shows that they have been first class operations with few
police problems and they usually upgrade the area. He stated this proposal is proper under
the City Code, it involves a "from ground up" project, and it will be a substantial investment
of about $400,000. Mr. Davis stated it will be a family operation and the operators will get
extensive bookkeeping and security training. Mr. Davis summarized other advantages: the
mini - market will provide a needed time - saving convenience for shoppers, the street and
traffic flow will be improved, the layout of the building and lighting will deter crime, the
property aesthetics will be improved, and the store will provide increased tax revenues to the
City. He stated the mini - market would be under the controls of the ABC Board, ARCO and
the City's Police Department to ensure compliance with the law. Mr. Davis stated there will
be no video or amusement games, bicycle racks, and telephones which should discourage the
congregation of juveniles. He reported that the petition circulated by the property owners
contained 2,208 signatures. Mr. Davis stated that, according to a staff report, there have
been no problems with the Thrifty mini -mart at Valley View /Orange during its five years of
operation. He noted that, although the store would be open 24 hours, liquor sales would not
occur after 2:00 a.m. Mr. Davis reported that only 3.2% of the total gross sales of the
business will be beer and wine sales. He stated there is no direct evidence that beer and wine
sales create special problems and he felt it would be unfair to deny the project based on
imaginary problems. He asked that the project be judged on its merits.
Mr. Mike Tahbaz, the property owner, stated he and ARCO have been trying to increase their
business and he felt a convenience market would help the community. He stated the lack of
attractions on the property for juveniles should discourage them from congregating, and the
street widening will improve traffic flow. Mr. Tahbaz felt he had the community's support
based on his customers and the petition. Responding to questions from the Council, Mr.
Tahbaz stated that if they were denied the right to sell alcohol, the applicants would have to
determine whether they would proceed with the mini - market. Mr. Tahbaz felt his gas sales
would double with the addition of the mini - market. He stated he cannot make a living with
gas sales alone.
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City Council Minutes March 24, 1986
Mr. W.F. Reynolds, representing Atlantic Richfield, stated they project that this store will be
an average AM /PM market and of their projected $40,000 per month gross market sales, 20%
will be beer and wine sales resulting in $8,000 per month. Mr. Reynolds indicated the sale of
alcohol is not their primary interest. He stated the project is designed to serve customers
quickly, the property can handle three times the traffic they project, and they plan to install
a card system where customers can purchase gas without going into the store. Mr. Reynolds
stated ARCO does not actively advertise beer and wine sales outside or on the pump islands.
Mr. Reynolds stated he would provide staff with a report regarding the crime rate at AM /PM
mini - markets.
Mayor Lacayo asked for speakers in support of the application. The following persons
expressed support for the application, indicating the project would provide a needed
convenience store, would improve the property's appearance, and would improve traffic
safety conditions near the property:
Jack Schwartz, property owner at 5022 Lincoln and 9042 Moody (townhomes)
Gregory Paine, 9090 Moody
Sadie Rios, no address given
Paul Purley, 8857 La Salle
John Oliver, 9315 Gregory
Ray Cleveland, 9090 Moody
Mary Rose, 9080 Bloomfield
The Mayor asked for speakers in opposition.
Mr. Keith Moriarty, 8531 Walker, Cypress, owner of the liquor store at Walker /Lincoln,
submitted a petition with 1,200 signatures expressing opposition to the application. Mr.
Moriarty stated he objected to the previous mini - market proposal for this property several .
months ago. Mr. Moriarty stated Lincoln Avenue is saturated with liquor outlets with there
being 28 between Bloomfield and Holder, and another liquor outlet is not needed.
Mr. Paul Cook, 17552 Medford, Tustin, previous owner of the Liquor Shanty at
Moody /Lincoln, stated the mini - market would not supply a need for the community since
there are numerous mini - markets and convenience stores with beer and wine licenses already
in the area. He stated the more important issue concerns the big guy versus the little guy.
Mr. Cook expressed concern that the applicants could not provide statistics on the crime
experience of the AM /PM markets. He questioned whether the petition signers understood
the issues. He reported there are nine cities in Orange County which will not allow combined
gasoline and food /alcohol sales, and more cities are following suit. Mr. Cook felt the
applicant's projection of $40,000 in sales was unreasonably high. He asked the Council to
deny the application to protect the interests of the residents and not wait to see if the
legislation passes. Mr. Cook stated this proposal is similar to the one presented in 1984
which the Council categorically denied. He asked if the Council planned to adopt a policy
with respect to the sale of alcohol at service stations.
Mr. Hyun Kee Shin, operator of the Liquor Shanty at Lincoln /Moody, stated the
improvements to the property would be welcome but he felt a 24 -hour operation would
increase traffic in and out of the property and possibly increase accidents. He stated there
are many juveniles in the area and the store might create noise and police problems. Mr.
Shin stated there are already too many businesses selling alcohol on Lincoln Avenue.
Mr. Davis spoke in rebuttal to the previous speakers. He stated a person has a right to
establish a legal business and competition is a basic part of' America. Mr. Davis stated
ARCO is not in the business of selling liquor and the alcohol sales would be a small
percentage of the business. He reported that the nine cities in Orange County did not
prohibit gasoline /liquor busineses but established restrictions for them. He stated he helped
write the ordinance for Garden Grove. Mr. Davis suggested that Cypress could adopt
regulations for these businesses and he offered his assistance. Mr. Davis reported that this
proposal differs from the previous one in that it will be a vast improvement with the
construction of a new building. Mr. Davis felt that if the proposed legislation passed the
applicant would not proceed with the project.
Mayor Lacayo stated that Councilman Partin had contacted him and indicated that at the
previous hearing on this same application he had voted against it, and he had not changed his
mind.
The Council held discussion on the application. Mayor Lacayo stated he would like to see the
applicant proceed with the mini - market plans but defer the alcohol sales until action is taken
on the proposed legislation. Councilman Kanel noted that it may be a long time before the
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City Council Minutes March 24, 1986
bills are acted on. He asked for copies of the restrictions of other cities for this type of
business. Councilman Kanel indicated that this project would provide the opportunity to
improve the street and traffic conditions. He felt the proposal needed more study.
Police Chief Lowenberg reported on the 24 -hour Thrifty Food Store at Valley View /Orange.
He stated that juveniles do congregate at the store because of its close proximity to Cypress
High School and he felt this location would be difficult to compare with Moody /Lincoln. He
reported the Thrifty service station, like all service stations in the City, has experienced
armed robberies but not a significant number above average. He stated the business overall
has not created a significant problem.
Councilrnal Mullen stated that few of the thousands of bills introduced each year are enacted
and he felt the Council should disregard the two pertinent bills. He stated it is up to the
applicant to proceed or not, faced with this risk. Councilman Mullen stated the Council has
briefly discussed, but not adopted, a policy regulating or prohibiting alcohol sales at service
stations and such uses are permitted. He stated the proposal would bring advantages such as
dedication of the right-of-way, beautification of the property, removal of the old gas tanks,
and sales tax revenue.
Councilman Coronado stated he opposed the proliferation of liquor stores along Lincoln
Avenue and he felt gasoline and alcohol sales made a poor combination. 'Ie stated he
supported the mini - market and the improvements that would result but not the beer and wine
sales.
Mayor Lacayo stated he was not in favor of the proposal and he suggested that the Council
defer action until the legislation is acted on since it might preempt the City.
Following further discussion, it was moved by Councilman Kanel and seconded by Councilman
Mullen to continue the public hearing regarding C.U.P. #86 -10 to the April 14 meeting. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCIL ME VIBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
RECESS: The Mayor called a recess at 9 :45 p.m. The meeting reconvened at 10:00 p.m. with
Councilman Partin absent.
PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - EDOKKO
RESTAURANT, 4300 LINCOLN AVENUE, CYPRESS: Mayor Lacayo opened the hearing. Mr.
Essex presented a staff report dated March 18 describing the application to allow singing by
the patrons of the restaurant between the hours of 9:00 p.m. to 1 :30 a.m. Mr. Essex read two
communications regarding the application which were received and transmitted to the
Council. One letter was from B.S. Summers, 4302 Lincoln Plaza, who strongly opposed
granting of the permit and objected to night -time noise, odors emanating from the business,
lack of landscaping maintenance and disrepair of the access road. The second letter was
from the Managing Director of the Lincoln Center Mobilehome Park, 9080 Bloomfield, who
indicated that the management had not received complaints from the tenants and had no
specific objections to granting the permit. She recommended that the permit be conditioned
to allow for Council review if the activities become disturbing in the future.
Mayor Lacayo asked if the applicant wished to speak. The applicant was not present. The
Mayor asked if anyone else wished to speak.
Mrs. Catherine Gast, 4304 Lincoln Plaza Way, a resident directly behind the restaurant,
stated her objection is not to the live entertainment but to the restaurant being open until
1:30 a.m. She reported that the owners have been cooperative and are trying to improve
certain problems. She reported on an incident where the employees cleaned the restaurant
mats outside which created odors. She stated the owner agreed to install a drain. Mrs. Gast
stated the homeowners' association is concerned about the area becoming a slum and more
and more homeowners are renting. She reported that rancid conditions exist behind the
restaurant.
Hearing no objections, the Mayor continued this public hearing to the April 14 meeting and
requested that Councilman Partin and the applicant be provided with the testimony from
tonight's hearing.
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City Council Minutes March 24, 1986
PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -17, TWO
ADDITIONAL APARTMENT UNITS AT 8601 WALKER STREET: Mayor Lacayo opened the
public hearing. Mr. Jones presented a report dated March 12 describing the application to
construct two additional units at a previously approved 30 -unit apartment project at 8601
Walker Street. Staff' recommended approval subject to 14 conditions.
Mr. Jack Kroetzen, 201 Viking, Brea, representing the applicant, stated he would respond to
questions.
The Mayor asked if anyone wished to speak in support or in opposition. There were no other
speakers.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close the
public hearing and adopt the Resolution by title only, title as follows, approving the
Amendment to C.U.P. #84 -17 subject to the 14 conditions:
RESOLUTION NO. 3066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMMIT NO.
84 -17 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
0 COUNCILMEMBERS: None
1 COUNCILIVIE VTBERS: Partin
PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1986: Mayor Lacayo declared
the hearing open. The Public Works Director presented a report dated March 12 indicating
the hearing was scheduled to hear protests to the weed abatement program. He reported
that several property owners had telephoned indicating they would clear their own weeds. In
responding to questions from the Council, Mr. Beardsley reported it appeared that weeds
would be cleared by the property owners at 9051 Walker Street and at the Church on
Rosemary. Mr. Essex reported that the weeds had been cleared off at the Landell School.
Mayor Lacayo asked if anyone wished to speak on the weed abatement program. There were
no speakers.
It was moved by Councilrnan Mullen and seconded by Councilman Kanel to close the public
hearing and adopt the Resolution by title only, title as follows:
RESOLUTION NO. 3067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GLOWING UPON OR IN FRONT OF, AND
RUB13ISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND
ORDERING THE ABATEMENT THEREOF.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILAVIEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
Mayor Lacayo requested that the Council be advised of properties which are a continual
nuisance so that a surveillance program can be established to maintain the City's appearance.
PUBLIC HEARING RE: CITY OF CYPRESS LIGHTING DISTRICT NO. 2 - 1986: Mayor
Lacayo opened the hearing. Mr. Beardsley presented a report dated March 18 which
indicated the hearing was scheduled to hear any protests to the proposed improvements and
costs for Cypress Lighting District No. 2.
Mayor Lacayo asked if anyone wished to speak. No one wished to speak.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public
hearing and adopt the Resolutions by title only, titles as follows:
City Council Minutes March 24, 1986
RESOLIJ'CION NO. 3068
A RESOLUTION OF THE CITY COUNCIL OF THE CI'CY OF' CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE
REPORT OF THE CITY ENGINEER OF SAID CITY, DATED MARCH 10, 1986,
PREPARED PURSUANT TO RESOLUTION NO. 3054 OF SAID COUNCIL AND
REFERRED TO IN RESOLUTION NO. 3061 OF SAID COUNCIL, AND THE
PLANS, SPECIFICATIONS AND ESTIMATE CONTAINED IN SAID REPORT;
ORDERING THE MAINTENANCE OF THE FURNISHING OF ELECTRIC
CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN
RESOLUTION OF INTENTION NO. 3062 AND RESOLUTION APPOINTING
THE TIME AND PLACE FOR HEARING NO. 3063, 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".
RESOLUTION NO. 3069
A RESOLUTION OF THE CITY COUNCIL OF THE CI'rY 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 THE
Sl'REE'C IAR H`l'ING SYSTEM IN CYPRESS LIGHTING DISTRICT NO. 2
AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 3062 OF SAID
COUNCIL, ALL IN A:' CORD 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: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMFMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
Mayor Lacayo took the following items out of order for the benefit of members of the
audience: #30, 31, 29, 35 and 38.
CONSIDERATION OF V.F.W. BUILDING EXPANSION AND LEASE EXTENSION: Mr. Essex
presented a report dated March 19 which indicated that an extension is proposed on the west
side of the existing building. Staff recommended that a driveway on Moody Street be
installed at the City's expense. The V.F.W. requested that their lease period be increased to
25 years, ending in January 2007, and they further requested a waiver of the building permit
fees for the building expansion.
Mr. Herb Stern, Commander of V.F.W. Post #9847, thanked the building and planning staff
for their assistance with the project.
It was moved by Councilman Mullen and seconded by Councilman Kanel to authorize the
building addition and the lease extension as outlined in the staff report, and authorize a
waiver of the building permit fees for the project. The motion unanimously carried by the
following roll call ° ✓ote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF FLOOD CONTROL IMPROVEMENTS TO THE CARBON CREEK
CHANNEL (FACILITY NO. BO1) BETWEEN DENNI STREET AND WEST CITY LIMITS,
PROJECT NO. 8566 -20: Mr. Essex presented a report from the Planning Director dated
March 13 indicating that the project conforms to the City's General. Plan, and a report from
the Public Works Director dated March 19 indicating that certain requirements for traffic
safety will be included in the project specifications.
Mr. Philip Jones of the Orange County Environmental Management Agency was present for
this item.
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City Council Minutes March 24, 1986
Mayor Lacayo advised the County representative that the City Council was concerned with
traffic hazards relating to the subcontractor's work on the first phase of the project and had
requested staff to develop a plan to mitigate the traffic and parking problems created by the
work crews.
It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the
Resolution by title only, title as follows, finding that Project #8566 -20 is in conformance
with the General Plan:
RESOLUTION NO. 3070
A RESOLUTION OF THE CITY COUNCIL, /PLANNING AGENCY OF THE
CITY OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE
PROPOSED CARBON CREEK CHANNEL IMPROVEMENTS FROM
DENNI STREET TO WEST CITY LIMITS AND FINDING THAT THE
PROPOSED PROJECT IS IN CONFORMITY TO THE CYPRESS
GENERAL PLAN.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONTINUATION OF CONSIDERATION OF SELECTION OF AMBULANCE SERVICE: Mr.
Essex presented a report dated March 19 which transmitted background material requested
by the Council at the March 10 meeting. He reported that the Council adopted the
ambulance ordinance in order to provide a uniform and consistent method to obtain
ambulance service which would be administered by the County. Accordingly, the County
evaluated proposals and determined that the two companies, Medix and Southland, were
eligible for licensing and one was designated as the primary server and the other as the
secondary server. Mr. Essex indicated that the Council is not obligated to accept these
recommendations.
Councilman Kanel indicated that one reason he had requested additional information was
because the company designated as the secondary server had asked to be considered as the
primary service provider. He stated he understood the selection procedure after reviewing
the documents.
Councilman Coronado indicated that both companies had equal qualifications and he asked if
the primary service could be provided on a rotation basis.
Battalion Chief Kevin Brame of the Orange County Fire Department stated he wished to
clarify that the services under this contract are designated EMT 1 level transportation
services and are different from paramedic services which are provided by the Orange County
Fire Department. He stated a rotation schedule is not the most practical method and does
not provide the ability to plan as well as a set schedule. He stated it is cumbersome for
dispatchers and does not allow the companies to make financial projections. He felt a
rotation schedule would require modification to the ordinance.
Councilman Mullen supported the Council's decision to delegate this responsibility to the
Orange County Fire Department and stated he favored the original recommendations. Mayor
Lacayo noted that Medix is a new company and he suggested that the Council could approve
the contract for one year and then, if necessary, change the primary and secondary
companies. Mr. Brame stated that if the contract were granted for one year, a legal issue
would have to be addressed to determine if another RFP process is required versus just
changing service providers. He stated a three -year contract is recommended for the
following reasons: (1) it would allow a company reasonable time to operate in an area, while
to establish themselves for one year could be unreasonable since it is an expensive business,
(2) because of the expense of the RFP process for all parties, and (3) to provide a continuity
of service. Councilman Mullen suggested approving the contract for three years and
reviewing it after one year.
Mr. Mike Dimas, 6611 W. First, Tustin, President of Medix, stated a one year review would be
welcome. Fie stated serving Cypress is a privilege which should be earned on a daily basis.
Regarding the rotation schedule, Mr. Dimas stated he has equipment and personnel
committed to Cypress. He stated if Medix does not provide services up to the minimum
requirements, they would voluntarily discontinue service in Cypress. Mr. Dimas reported
that in 1984 Medix purchased the Golden West ambulance company including equipment and
two offices.
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City Council Minutes March 24, 1986
Councilman Kanel stated he supported the one year review. Councilman Mullen stated that
if Medix is found to meet standards at the time of the review then their contract would
continue. Mayor Lacayo stated this was his intent. Mr. Dimas stated a one year contract
would be acceptable. The Council requested the City Attorney to investigate whether the
contract could be cancelled at the end of one year because of non - performance without going
through another RFP process.
Mr. Leon Ninberg, 10600 Katella, Anaheim, President of Southland, reported that they have
been the primary and sometimes the only responder during much of their 24 years of service
to Cypress. He indicated they became secondary providers unwillingly when the County
arbitrarily took work away from them and gave it to new companies. Mr. Ninberg objected
to the fact that they applied to the County for primary status and instead were given
secondary status.
Mr. Brame stated Southland was not overlooked and both companies were evaluated in the
RFP process and both submitted proposals as primary servers. He reported the ordinance
provides the Fire Chief with the ability to designate in those areas which do not have
secondary providers which was done in this case.
Mr. Ninberg reported that the companies were not allowed to address the selection panel. He
stated Southland has provided 24 years of faithful service and he felt it was unfair that the
primary designation was given to a new company which has never served Cypress. He asked
to be given the primary status.
Mr. Brame stated the selection process, and particularly the issue of favoritism, was
reviewed by the County Administrative Officer.
Councilman Mullen stated the selection process was delegated to the County Fire
Department and he felt the Council lacked the resources to make the determination. He
recommended that the contract be approved for three years with a review in one year.
Councilman Mullen moved to approve the contract for primary and secondary ambulance
service for a period of three years with review in one year. The motion was not seconded.
Councilman Coronado requested that staff prepare a report on the selection procedures of
the panel.
Mr. Brame reported that the selection panel had determined that the seven applicants met
the minimum standards and they did not elect to interview the applicants since there were no
significant differences in the evaluations. He stated the panel did not conduct a public
hearing.
Following further discussion, it was moved by Mayor Lacayo and seconded by Councilman
Coronado to continue this item to the April 14 meeting and request a staff report on the
selection process. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERA'T'ION OF CATV ADVISORY COMMITTEE'S ATTENDANCE REPORT: Mr. Essex
presented a report dated March 17 transmitting the Committee's attendance report. The
report identified the absences of several members.
Dr. Howard Martin, Chairman of the Committee, was present. The Council suggested that
the Committee submit recommendations on whether new appointments should be made to the
Committee if current members are absent for a certain number of meetings.
It was moved by Councilman Coronado, seconded by Mayor Lacayo and unanimously carried
to receive and file the report.
In regard to Item #38 added to the agenda concerning the Miss Cypress Pageant, Ron Thomas
presented a report dated March 19 containing five recommendations for establishing the
pageant. Staff recommended that the Council proceed with support for the pageant, apply
for affiliation with the Miss Universe pageant, designate the Chamber of Commerce as the
host agency, direct staff to appoint an interim chairperson to initiate organization of a
formal committee, and approve the committee as outlined in the report.
UJ
City Council Minutes March 24, 1986
Mayor Lacayo stated the Miss Cypress Pageant can incorporate ideas from the Miss America
Pageant. He stated the Chamber does not wish to run the pageant but wants to net as the
host agency whose primary responsibility would be chairing the committee which will try to
get sponsors for scholarship awards.
Malcolm Johnson reported that the age restrictions, as of February 1 of any year, would he
17 to 24 for Miss Cypress and 15 to 18 for Junior Miss Cypress. He stated the entry
restrictions can he established by the committee and can be based on contestants living,
working or attending school in Cypress.
It was moved by Councilman Mullen and seconded by Councilman Coronado to approve the
five recommendations for the Miss Cypress Pageant as contained in the staff report. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE VEHICLE REPLACEMENT:
Mr. Essex presented a report from the Finance Director dated March 14 describing the
proposal to purchase three black and white units.
It was moved by Councilman Mullen and seconded by Councilman Kanel to (1) determine that
it is in the hest interest of the City to dispense with formal competitive bidding pursuant to
City rode Section 21A-8f and (2) authorize the purchase of three (3) black and white patrol
vehicles under the Los Angeles Sheriff's Department contract with Maurice J. Sopp & Sons
Chevrolet, 5801 Pacific Boulevard, Huntington Park, California, in the amount of
$35,326.68. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) 1986 4 -DOOR, SIX
PASSENGER AUTOMOBILE, REQUEST FOR QUOTATION NO. 8586 -30: Mr. Essex presented
a report from the Finance Director dated March 17 listing four bids received for the City
Manager's vehicle.
It was moved by Councilman Kanel and seconded by Councilman Mullen to accept the bid of
Allen Olds - Cadillac, Inc., 28332 Camino Capistrano, Laguna Niguel, California, as the lowest
responsible kidder meeting the hid specifications and award them the contract for the
purchase of one 1986 4 -door sedan in the amount of $14,757.35. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDER A'FION OF RENEWAL OF ANNUAL TRAFFIC PAINT SUPPLIES CONTRACT:
Mr. Essex presented a report from the Public Works Director dated March 19 indicating that
the current supplier has offered to supply traffic paint at the current contract price and
specifications for an additional year.
It was moved by Councilman Mullen and seconded by Councilman Kanel to (1) award an
annual contract for traffic paint to Bauer Coatings, Division of Whittaker Corporation, 1021.
N. Mission Road, Los Angeles, California, for the same contract prices, not to exceed
$18,309.00, as quoted in Request for Quotation #8485 -27 and (2) approve the addition of
reflective traffic paint spheres to the contract at the quoted price of $0.26 per pound, not to
exceed $4,500.00. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMFMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSENT CALENDAR: All items listed on the agenda under "Consent Calendar" are to be
considered by the Council as routine and enacted by one motion approving the
recommendations on the agenda.
In regard to Item #26 concerning renewal of the service agreement for telephone equipment,
Councilman Kanel requested a cost report on the service contract.
-9-
66
City Council Minutes March 24, 1986 .
It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve Items #12
through #28 on the Consent Calendar. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
Item #12: Motion to Approve City Council Minutes of the Regular Meeting of March 10,
1986.
Recommendation: That the City Council approve the Minutes of March 10, 1986 as
submitted.
Item #13: Motion to Introduce and /or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #14: Consideration of Proclaiming April 20 - 26, 1986, as "Consumers Week ".
Recommendation: That the Mayor and City Council officially proclaim April 20 - 26, 1986,
as "Consumers Week" in the City of Cypress as requested.
Item #15: Consideration of Attendance of the Assistant City Manager to the Public Risk &
Insurance Management Association's 7th Annual Conference.
Recommendation: That the City Council authorize David Barrett, Assistant City Manager,
to attend the Public Risk & Insurance Management Association's (PRIMA'S) 7th Annual
Conference to be held on June 8 - 11, 1986, in Boston, Massachusetts, and be reimbursed for
all actual and necessary expenses incurred.
Item #16: Consideration of Design Review Committee's Approval of #86 -4, #86 -5, #86 -6 and
#86-7,
Recommendation: Receive and file.
Item #17: Consideration of Monthly Investment Report for the Month of February 1986.
Recommendation: Receive and file.
Item #18: Consideration of an Application for Alcoholic Beverage License Transfer Filed by
Joseph M. Wong, President of J.H. Foods Corporation, DBA DeAngelo's Char- Burger, 9935
Walker Street, Cypress.
Recommendation: Receive and file.
Item #19: Consideration of Adoption of Resolution Making Applicable to the City the
Provisions of Civil Procedure Code Section 1094.6, Providing for Judicial Review of
Administrative Decisions.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
making applicable to the City the provisions of Civil Procedure Code Section 1094.6:
RESOLUTION NO. 3071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
MAKING APPLICABLE THE PROVISIONS OF CODE OF CIVIL
PROCEDURE SECTION 1094.6 PROVIDING FOR JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS.
Item #20: Consideration of Acceptance of Professional Surveying Services for Katella
Avenue and Valley View Street, F.A.U. Project #M- 3041(202), City of Cypress Project #8430-
10.
Recommendation: That the City Council: (1) authorize an appropriation from the fund
balance of the Gas Tax 2106 Fund and appropriate $8,425.00 to Account #4189 -22- 402 -21; (2)
approve ASL Consulting Engineers' contract change from $13,900.00 to $17,033.35; and (3)
accept the Professional Survey Services Contract, Project #8430 -10, as being satisfactorily
completed.
'67
City Council Minutes March 24, 1986
Item #21: Consideration of Walker Street Storm Drain Reimbursement Agreement #94 -
McDonnell-Douglas Corporation.
Recommendation: That the City Council: (1) authorize an appropriation in the amount of
$60,596.00 from the fund balance of the Planned Local Drainage Facilities Fund to Account
#4293 -26- 272 -23; and (2) authorize the reimbursement to MDC per the Agreement.
Item #22: Consideration of Proclaiming April 20 - 26, 1986, . as "GFWC California Federation
Week ".
Recommendation: That the Mayor and City Council officially proclaim April 20 - 26, 1986,
as "CIF WC California Federation Week" in the City of Cypress as requested by the Woman's
Club of Cypress.
Item #23: Consideration of Claim Filed by Jo Ann Petersen.
Recommendation: That the City Council officially reject the subject claim and refer it to
the City's Claims Administrator, Carl Warren & Company, for appropriate disposition.
Item #24: Consideration of Holiday Exchange.
Recommendation: That the City Council approve the exchange of the Christmas Eve holiday
to the day after Christmas for 1986.
Item #25: Consideration of Change in Bond Coverage for the City Clerk /City Manager' and
Finance Director.
Recommendation: That the City Council authorize the change in the placement of the
Faithful Performance and Honesty Bonds as outlined in the report.
Item #26: Consideration of Renewal of Service Agreement for Telephone Equipment.
Recommendation: That the City Council authorize staff to renew a one -year contract with
Standard Business Telephone Systems to maintain the City's telephone system for the period
of March 29, 1986 through March 31, 1987.
Item #27: Consideration of Employment List - Puhlic Works Maintenance Supervisor.
Recommendation: That the City Council certify the employment list for the position of
Puhlic Works Maintenance Supervisor as submitted.
Item #28: Consideration of Resolution Commending the Teachers of our Community and
Proclaiming April 15, 1986, as "Day of the Teacher ".
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
commending the teachers of our community and proclaiming April 15, 1986, as "Day of the
Teacher ":
RESOLUTION NO. 3072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE TEACHERS OF OUR COMMUNITY AND
PROCLAI':MING APRIL 15, 1986, AS "DAY OF THE TEACHER ".
CONSIDERATION OF PARTY ORDINANCE: Mr. Essex presented a report from the Police
Chief dated March 18 who recommended that the Council consider adopting an ordinance to
address problems resulting from parties.
Mayor Lacayo expressed concern over the fines suggested in the report and felt the
community would be unaware of the impact of such an ordinance. He recommended that the
information be publicized in a newsletter article, and that residents be urged to notify the
Police Department when a party is planned so that the Department is forewarned. He felt
that persons who give prior notice to the Police Department could be exempt from a fine.
Councilman Kanel suggested that this issue could be an advisory measure in the November
election.
The Council continued this item and requested an additional staff report.
68
City Council Minutes March 24, 1986
CONSIDERATION OF CAL -I.D. (CALIFORNIA AUTOMATED LATENT FINGERPRINT
IDENTIFICATION SYSTEM): Mr. Essex presented a report from the Police Chief dated
March 18 requesting that the Council approve the City's participation in the program.
It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the
Resolution by title only, title as follows, approving the Cypress Police Department's
participation in the CAL -I.D. Program:
RESOLUTION NO. 3073
A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING PARTICIPATION IV THE STATE -WIDE CAL -I.D.
(CALIFORNIA AUTOMATED LATENT FINGERPRINT IDENTIFICATION
SYSTEM).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF ALARM ORDINANCE: The City Manager presented a report from the
Police Chief dated March 18 who requested adoption of an ordinance relating to police
response to alarm calls.
Mayor Lacayo expressed concern with the punishment provisions of the sample ordinance and
felt they were severe. He suggested that the ordinance be submitted to the Chamber of
Commerce membership for their input.
Chief Lowenherg reported that the Police Department responds to each alarm call; there are
over 100 per month and 90% are false alarms. He stated the ordinance would provide the
needed enforcement ability.
Councilman Mullen indicated he supported a charge for false alarms but not the misdemeanor
penalty. He reported that the City of Santa Ana imposes a $50 fine after receiving a certain
number of false alarm calls and the police send a letter saying they will not respond unless
the business has repaired the alarm system. Councilman Mullen requested that staff review
the ordinances of other cities to see how they work.
It was moved by Councilman Mullen, seconded by Mayor Lacayo and unanimously carried to
continue this item and request staff to obtain input from the Chamber of Commerce and
prepare a report on other cities' experience with such an ordinance.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
#14030 - 14237: It was moved by Councilman Mullen and seconded by Mayor Lacayo to
approve the Warrant List for Warrants #14030 through #14237 in the total amount of
$379,480.28. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
TOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
SECOND READING OF ORDINANCE RE: DEVELOPMENT AGREEMENT WITH CYPRESS
VIEW, LIMITED: It was moved by Councilman Mullen and seconded by Mayor Lacayo to
adopt the Ordinance by title only, title as follows:
ORDINANCE NO. 758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING A DEVELOPMENT AGREEMENT BETWEEN SAID CITY
AND CYPRESS VIEW, LIMITED.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
69
City Council Minutes March 24, 1986
WRITTEN & ORAL COMMUNICATIONS: Councilman !Mullen expressed concern with the
number of requests for donations which the Council was receiving and recommended that the
Council establish policy guidelines. Mayor Lacayo suggested that the Council consider this
matter during the budget discussions and allocate funds for this purpose.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to place a moratorium on
City donations until July 1, 1986. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
EXECUTIVE SESSION: The Mayor called an Executive Session at 12:15 a.m. to discuss
litigation matters. The meeting reconvened at 12 :19 a.m. with Councilman Partin absent.
ADJOURNMENT: Mayor Lacayo adjourned the meeting at 12:20 a.m. to Monday, March 31,
at 6:30 p.m. in the Administrative Conference Room.
AT TEST:
MAY R OF TI- ITY O" CYPRESS
CITY CLERK .'F FIE C Y OF CYPRESS