Minutes 86-04-14MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
April 14, 1986
The regular meeting of the Cypress City Council was called to order at 7:35 p.m. on Monday,
April 14, 1986, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, by Mayor Otto Lacayo.
PRESENT: Councilmembers Coronado, Kanel, Mullen, Partin & Lacayo
ABSENT: None
Also present were Darrell Essex, City Manager /City Clerk, Mark Huebsch, City Attorney,
and staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilman Mullen led the pledge to the flag.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any
matter not on the agenda.
Mr. Jim Stewart, 9080 Bloomfield, Space 91, Cypress, requested that an item be added to the
agenda regarding a rent increase at the Lincoln Center Mobilehome Park. The Mayor added
this matter to the agenda as Item #41.
Mr. Herman Roethel, 5163 Melbourne, Cypress, reported that over the past two weeks there
has been an odor problem at the Texaco Tank Farm. He felt the police and fire departments
were not responding. Councilman Mullen reported that he was contacted by Mrs. Roethel and
had requested the City Manager to investigate. The Mayor added this to the agenda as Item
#42.
Mrs. Bobi Dryden, 6552 Manzanita Circle, Cypress, reported on a problem involving her son's
membership in Cypress Little League which was created by a change in boundaries. The
Mayor added this to the agenda as Item #43.
PRESENTATIONS: Mayor Lacayo read a Resolution of Commendation adopted at the March
24 meeting commending the educational contributions of teachers of the Anaheim Union High
School District and proclaiming April 15, 1986 as "Day of the Teacher" in Cypress. The
Mayor presented the resolution to Cynthia Grennan, District Superintendent, and Norma
Potter, representative of the Secretaries /Teachers Association.
Police Lt. Bob Bandurraga updated the Council on the status of the City's Emergency
Management Program.
Councilman Coronado brought up the potential hazard of toxic storage tanks rupturing during
a strong earthquake and dispersing lethal fumes. He felt this type of disaster and an
evacuation plan should be addressed in the emergency management plan. The Council
requested a follow -up report from staff addressing toxic fume hazards.
STAFF REPORTS & DISCUSSION: At the City Manager's request, the Mayor added Item #44
to the agenda concerning workshop meetings on Race Track property development and
affordable housing, and an Executive Session for litigation matters.
Councilman Kanel read and presented a Resolution of Commendation from the State Senate
to Mayor Lacayo praising his community service during 16 years on the City Council.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 86 -10, MINI-
MARKET WITH OFF -SALE BEER AND WINE, AND GASOLINE SALES, 5012 LINCOLN
AVENUE, CYPRESS: Mayor Lacayo reopened the hearing which was continued from the
March 24 meeting. The Planning Director summarized a report dated April 14 which
surveyed the regulations of other Orange County cities for businesses which combine gasoline
sales with mini - market beer and wine sales.
Councilman Partin stated he had listened to the tapes of the March 24 hearing and had read
all the pertinent information on this application.
Mayor Lacayo asked if the applicant wished to speak.
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Mr. Wallace Davis, 540 N. Golden Circle Drive, Santa Ana, attorney representing ARCO,
stated that although some cities may prohibit gasoline /mini- markets it does not mean that
such businesses do not exist in those cities. He stated this is the only project they will
request in Cypress. Mr. Davis reiterated the advantages of the project which he had
described at the last hearing.
Mr. Bill Reynolds, representing ARCO, stated the company does not maintain tracking
reports on the crime rate at AM /PM mini- markets, and not all crimes committed in their
markets are reported to them. Mr. Reynolds reported ARCO has fine security training and
reward programs to deter crime. He reported that less than 10% of their stores have been in
hold -ups, and since 1978 ARCO has paid over $1 million in rewards for convictions for crimes
committed in their stores. He reported that an alcohol awareness program is mandatory for
their store operators. Mr. Reynolds stated that beer and wine sales are a small portion of the
business but are needed. Mr. Reynolds reported that ARCO considers the gas sales and mini-
market as separate and the business involves two separate agreements: a franchise and a
products agreement. If the operator is cited for an ABC violation the market could be closed
without affecting the gasoline sales.
The Mayor asked if anyone wished to speak in support of the application. There were no
speakers. He asked if anyone wished to speak in opposition.
Mr. Paul Cook, representing the Liquor Shanty at the corner of Lincoln /Moody, reported the
Liquor Shanty never has had a liquor violation. He felt the applicants should donate the
property to widen the street if they are concerned about safety. Mr. Cook stated this is not
a new proposal, the mini- market is not needed, and other cities are denying such businesses
because they are unfavorable.
Ms. Edith Steel, 9090 Moody, Cypress, assistant manager of the apartments, stated a mini-
market is not needed because of the numerous convenience and liquor stores located on
Lincoln and she felt it would have a detrimental effect on teenagers in the area. She
reported the apartments already experience problems with disorderly and intoxicated
teenagers. Ms. Steel reported on incidents she witnessed at an AM /PM market located at
harbor and the Garden Grove Freeway involving minors drinking behind the market and a
couple of traffic accidents caused by drunk drivers.
Mr. Davis spoke in rebuttal and assured the Council that ARCO will not sell alcohol to
minors. He stated store operators have been told that after a violation their franchise will
be taken away. Mr. Davis stated the business will be regulated by the Police Department,
ABC and ARCO, it will provide a convenience to shoppers, and it will entail a half - million
dollar investment.
The Council held discussion on the application. Mayor Lacayo expressed support for
approving the mini - market but delaying approval of the beer and wine sales until August
when the proposed legislation will have been resolved. Councilman Coronado stated he
opposed the sale of beer and wine with gasoline sales. Councilman Mullen spoke in support of
the application, stating the project would result in removal of old underground tanks which
might cause a leaking problem, and the bike trail problem would be corrected. He noted that
the Council has not proposed or adopted a policy prohibiting such businesses and that denial
of the application would be unfair. He stated he would support investigating a policy for
future applications. Councilman Partin stated he liked the project and the proposal for a new
building but suggested that approval of the beer and wine sales be delayed at least a year
pending the outcome of the legislation. Councilman Kanel expressed support for the new
building improvement and elimination of the dangerous street condition. In response to his
questions, Chief Lowenberg reported that the Orange /Valley View market has not had a
significant loitering problem or an above average problem with alcohol sale violations.
Councilman Kanel stated he would support the application with greater restrictions and he
noted that the Council can re -hear the application if there are problems.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close the hearing
and adopt the Resolution by title only, title as follows, approving C.U.P. #86 -10 subject to
the conditions recommended by staff and with additional conditions as contained in
Anaheim's ordinance as Items f, g, h and j:
RESOLUTION NO. 3074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86 -10 - WITH
CONDITIONS.
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A substitute motion was moved by Mayor Lacayo and seconded by Councilman Coronado to
approve the Conditional Use Permit excluding the sale of beer and wine.
Mr. Reynolds stated that ARCO is against people drinking and driving and does all it can to
discourage it. He stated they will not build the project without the beer and wine sales. He
stated they would like to begin construction soon because funds have been committed this
year, and funds may not he available next year.
The Council discussed the matter of delaying approval of the beer and wine sales.
Councilman Kanel stated that if the legislation prohibits the City from denying this type of
business then the delay will accomplish nothing and the City will face the street liability
problem. In response to a question from Councilman Partin, Mr. Reynolds stated the mini-
market will help gasoline sales.
The substitute motion failed to carry by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Coronado & Lacayo
NOES: 3 COUNCIL MEMBERS: Kanel, Mullen & Partin
ABSENT: 0 COUNCILMEMBERS: None
The original motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel, Mullen & Partin
NOES: 2 COUNCILMEMBERS: Coronado & Lacayo
ABSENT: 0 COUNCILMEMBERS: None
RECESS: The Mayor called a recess at 9 :50 p.m. The meeting was called hack to order at
9:57 p.m. with all Councilmembers present.
CONTINUATION OF PUBLIC HEARING PE: APPLICATION FOR LIVE ENTERTAINMENT
PERMIT - EDOKKO RESTAURANT, 4300 LINCOLN AVENUE, CYPRESS: Mayor Lacayo
reopened the public hearing which was continued from March 24. Mr. Essex presented a
report dated April 7 which contained a field inspection report conducted by the Planning
Department. Mr. Essex stated the applicant received a copy of the March 24 minutes and the
field inspection report.
Councilman Partin indicated that he had heard the tapes of the March 24 hearing on this
application.
Ms. Vicky Sill, representing the applicant, described the type of entertainment proposed. She
stated that recordings of Japanese folksongs are played and either one or two patrons sing.
There is no live band. She reported the restaurant changed ownership last September and the
new owner hired a gardener for outside landscaping. She indicated there is no parking
problem on the property. The applicant reported the proposed entertainment hours are 9
p.m. to 1 :30 a.m. In responding to questions from the Council, the applicant indicated that
many customers arrive late, around 11 :00 p.m., and a 12 :30 closing time would be early. She
requested a 1 :00 a.m. closing time. The applicant stated that trash could be removed in the
morning to avoid disturbing the neighbors. She stated the doors are kept closed during the
entertainment hours and neighbors have not complained about noise. She stated the building
is sound proof and there were no complaints when live bands performed there in the past.
The Council discussed the problem of the access road being in a state of disrepair and staff
reported that their research on the original C.U.P. showed the restaurant owner is
responsible for maintaining the road. Staff indicated that a condition could be applied to the
entertainment permit to correct the problem. The Council pointed out that the applicant is
leasing the restaurant and this condition could be a financial burden. The Council requested
staff to investigate enforcement of the original C.U.P. conditions to address the access road
problem.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close the hearing
and approve the Live Entertainment Permit for the Edokko Restaurant subject to the
following conditions: (1) the permit shall not be effective until the landscaping maintenance
problem has been corrected to the satisfaction of the Planning Director, (2) the rear door of
the restaurant facing the condominiums shall remain closed at all times during the
entertainment hours, (3) live entertainment shall be permitted until 1:00 a.m., (4) the City
Council shall maintain ongoing jurisdiction over the hours of operation with the right to
review or limit the hours of operation should this use become detrimental to surrounding
businesses or properties. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes April 14, 1986
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 86 -12, LITTLE PEKING CHINESE
RESTAURANT WITH ON -SALE BEER AND WINE, 6940 KATELLA AVENUE: Mayor Lacayo
opened the public hearing. Mrs. Eynon presented a report dated April 3 describing the
application to allow the operation of the Little Peking Chinese Restaurant with the on-
premise sale of beer and wine at the southwest corner of Katella and Knott.
Mr. Jaime Tetangco and Mr. Spencer Lin, 8536 Locust Drive, Buena Park, the applicants,
stated the beer and wine sales would provide an additional service to their customers and
would improve their business. Mr. Tetangco stated they will offer Mandarin /American food
and buffet service.
The Mayor asked for speakers in support and in opposition. There were no other speakers.
Staff recommended that Condition #8 be changed to identify the trash bin as a standard
commercial trash bin which shall be emptied a minimum of twice per week.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close the hearing
and adopt the Resolution by title only, title as follows, approving C.U.P. #86 -12 subject to
the 8 conditions recommended by staff:
RESOLUTION NO. 3075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 86 -12 - WITH
CONDPI'IONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The Mayor took Items #34, 35, 43, 41, 42 and 36 out of order for the benefit of persons in the
audience.
CONTINUATION OF CONSIDERATION OF SELECTION OF AMBULANCE SERVICE: Mr.
Essex presented a report dated April 9 which transmitted information on the selection
process that was used by the County Fire personnel.
It was moved by Councilman Mullen and seconded by Councilman Partin to adopt the
following Resolution by title only, title as follows, and designate Medix as the primary
service provider and Southland as the secondary service provider for a period of three years
subject to review by the Council in one year. Councilmembers Mullen and Partin then
revised the motion to approve the designations for primary and secondary service for a period
of one year:
RESOLUTION NO. 3076
A RESOLUTION OF Tf -IE CITY COUNCIL OF THE CITY OF CYPRESS
CONFIRMING THE DESIGNATION OF AMBULANCE PROVIDERS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBER.S: None
ABSENT: 0 COUNCILMEMBER.S: None
CONSIDERATION OF THE CONCERNS OF BUENA PARK RESIDENTS OF THE MULTIPLE -
FAMILY DEVELOPMENT AT 9352 HOLDER STREET IN CYPRESS: Mr. Essex presented a
report dated April 9 which summarized the concerns of the Buena Park residents relative to
the Royal Garden Apartments on Holder Street. Included was a report from the Police
Department describing calls for police service from residents in the apartments and
surrounding single- family neighborhood, and a report from the Planning Department
reviewing the apartment's original conditions of approval.
The Mayor asked if anyone wished to speak on this matter.
Mrs. Pauline Allen, 6590 Via Gancho, Buena Park, stated the single - family neighborhood has
had criminal activity and the apartments' five - foot -high perimeter wall is easily climbed and
provides access to the homeowners' yards. She indicated the homeowners' main concerns are
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the access problem and their lack of privacy. Mrs. Alien reported that she had voiced her
concerns at the public hearing on the apartments in 1969. She stated landscaping on the
property is inadequate and does not provide screening and the property is not maintained.
She stated the low carport wall allows apartment residents to see directly into their homes
and yards. Mrs. Allen reported that the homeowners have attempted to correct the problem
by planting landscape screening but it had to be removed because of the electrical lines.
Mrs. Wanda Owens, 9402 Holder, Cypress, reported that she has had 20 burglaries since the
apartments were built. She reported her property abuts the apartment driveway and every
day she picks up bags of trash which is thrown from the driveway onto her property.
Mrs. Cathy Williams, 6613 Via Gancho, Buena Park, invited the Council to her home to see
the serious lack of privacy. She stated the apartments would not have been approved if seen
from the homeowners' property. She asked the City to correct the mistake if they cannot
make the apartment owner correct it. Mrs. Williams reported that the police have chased
suspects who climbed the wall easily and escaped over the carports and she stated raising the
wall would help everyone.
Mr. Ken Griffith, Administrative Planner for the City of Buena Park, stated he visited Mrs.
Williams' home and verified there is a privacy problem because of the carport and perimeter
walls and inadequate bottle brush landscaping.
Mrs. Williams reported that she planted landscaping for screening but had to remove it
because the roots damaged the concrete around her pool. She stated the homeowners have
tried for years to solve the problem but nothing has helped.
It was moved by Councilman Mullen and seconded by Councilman Coronado to refer this
matter to the City Attorney and request that he review the conditional use permit conditions
and recommend a method to correct the problems, and continue this item to the April 28
meeting. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Item #43, Mayor Lacayo reported that a portion of Cypress bounded by Cerritos,
Knott, Katella and Holder was recently eliminated from the Cypress Little League area and
annexed to Stanton's Little League area.
Mrs. Bobi Dryden, 6552 Manzanita Circle, Cypress, and Mrs. Sharon Heron, 6644 Teakwood,
Cypress, were present to discuss this item. Mrs. Dryden reported that her son has played in
Cypress Little League for five years and is in his last year on a major team. They were
recently notified that they are outside the Cypress Little League boundaries and can finish
this year but must play in Stanton next year. Mrs. Dryden stated their two sons are the only
major players in the affected area and she felt they belong in Cypress Little League and
should complete their careers here. She reported on her efforts to obtain a waiver which
were unsuccessful, and she requested assistance from the Council.
Following discussion, it was moved by Councilman Kanel, seconded by Councilman Mullen and
unanimously carried to direct Councilmembers Kanel and Lacayo to draft a letter, for
consideration at the next meeting, to the appropriate parties requesting a waiver of the
boundary requirements for the two boys and that they not be excluded from the All Stars and
play -off games.
In regard to Item #41 concerning a rent increase at the Lincoln Center Mobilehome Park, Mr.
Jim Stewart and Mr. Don Barrett, tenants, were present to discuss this item. Mr. Stewart
reported the tenants were notified on March 1 that a $30 rent increase would be effective
May 1. Effective immediately, the rent for any new move into the Park would be increased
by $30 to $34 per month depending on the width of the lot. Mr. Stewart reported that a
meeting was held on March 17 and was attended by 125 tenants, which was not a majority of
the Park but was representative, and he and Mr. Barrett were elected as members of the rent
review committee. They attended a meeting with the Park owners on April 8 at which the
owners contended that their proposal would constitute reasonable rates. Mr. Stewart stated
there was no meeting of the minds, and that the City resolution appears unworkable and the
tenants' only recourse is to seek help from the Council.
Mr. Barrett stated the tenants were requesting that the Council enact an urgency ordinance
to delay the proposed rent increase until the tenants and Council can work together or revise
the resolution to provide the tenants with bargaining power. Mr. Barrett stated the tenants
complied with the resolution and it did not work, and he asked for direction on proceeding.
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City Council Minutes April 14, 1986
The Council advised the tenants that they needed additional information concerning the rents
in order to determine whether a problem exists. The City Attorney stated that the Council
needs a factual record to justify urgency findings before adopting an urgency ordinance.
Mrs. Vickie Talley, 17845 Sky Park, Irvine, representing the Park owners, stated the owners
want to comply with the resolution. She stated the tenants and owners may not be able to
agree on the fifth member of the rent review committee, and she suggested that the Council
appoint a community member to serve. Mrs. Talley reported the Park owners were unaware
of the tenants' petition. She stated the April 8 meeting was not a committee meeting but a
meeting between the residents and owners to discuss the reasons for the rent increase. Mrs.
Talley provided a history of the increases over the last five years and stated they averaged
$15 per year. She reported the owners have had over $175,000 in improvement and
maintenance costs over the last two years which accounts for the $30 increase proposed for
1986. She stated these facts will become known when the committe convenes. In responding
to whether the owner could delay the proposed increase until the fifth member is appointed
and the committee convenes, Mrs. Talley said she could not speak for the owners. She stated
the 60 days' notice provides sufficient time for reviewing the increase, and the Park has a
program to handle hardship cases. Mrs. Talley reported that the owners have not seen the
petition with the 25% signatures and their impression is that the majority of the Park is not
upset. She stated the owners are willing to meet with the committee.
It was moved by Mayor Lacayo and seconded by Councilman Mullen to direct staff to meet
with the tenant and Park owner representatives to obtain information from both sides and see
that the information is shared, and prepare a report for the April 28 meeting addressing the
problem of the fifth committee member.
Mayor Lacayo stated both sides may be able to resolve the problems without returning to the
Council and he asked that the Council be advised of the progress of the negotiations.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Item #42 concerning odors at the Texaco Tank Farm, Mr. Essex reported that he
spoke with Mr. Roethel regarding his concerns. Mr. Essex reported that a holding area in
Long Beach was off line and Texaco shipped some diesel fuel to the tank farm. The diesel
odors were released during the transfer. He stated two tanks on the Moody Street side were
involved and are the only ones open and this was the first time in four or five years that they
have been used. He reported that the Air Quality Control Board was called on Easter
Weekend and this weekend and both times it was the same material causing the problem. Mr.
Essex reported that Texaco apologized today and indicated that the operation will not be
repeated.
Following discussion, it was moved by Councilman Kanel, seconded by Councilman Mullen and
unanimously carried to request staff to draft a Resolution expressing the Council's objection
to this operation, which caused odor problems for residents, and requesting that the pollution
be stopped, and seeking confirmation on whether the tanks are a closed system.
CONSIDERATION OF APPEAL OF STAFF DENIAL OF LOT LINE ADJUSTMENT REQUEST,
NORTHWEST CORNER OF KATELLA AVENUE AND MERIDIAN DRIVE: The Planning
Director presented a report dated April 4 indicating that staff felt the adjustment did not
meet the criteria of the Subdivision Ordinance and denied the request. Staff reported that
the applicant proposed to move three property lines which would triple the size of one lot,
and they felt a parcel map was required.
Mr. David Nealey, representing Cabot, Cabot & Forbes, 2390 E. Orangewood, Anaheim,
reported that Hampton Inns, a subsidiary of Holiday Inns, wants to purchase the parcel on
Meridian and begin the project as soon as possible, and the adjustment was requested to
expedite matters. He stated their agreement with Hampton Inns is subject to Cabot
transferring title to a legal parcel.
The Planning Director reported that staff is aware of the situation and has been talking to
the buyer for the past four months. Staff indicated they feel the proposal would substantially
change the size of a parcel and were concerned that granting the adjustment would set a
precedent for future development.
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City Council Minutes April 14, 1986
Following discussion by the Council, it was moved by Councilman Mullen and seconded by
Councilman Partin to deny the appeal. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mr. Nealey stated the applicant will be submitting a proposal in about a month for a 150 -
room hotel.
CONSIDERATION OF AWARD OF CONTRACT FOR VIDEO EQUIPMENT, REQUEST FOR
QUOTATION NO. 8586 -33: Mr. Essex presented a report from the Finance Director dated
April 2 outlining bids received.
It was moved by Councilman Mullen and seconded by Councilman Coronado to: (1) accept the
hid from Pacific Video Products, 1100 E. Pacifico Avenue, Anaheim, California, on Items #1,
tripod, and #4, monitor, and award them the contract for these items in the amount of
$906.30; (2) accept the hid from Bornstein Company, 22616 Victory Boulevard, Woodland
Hills, California, on Items #2, microphones, and #3, recorder, and award them the contract
for these items in the amount of $939.16; (3) accept the bid of Metrovonics, Inc., 3808
Catalina Street, Los Alamitos, California, on Items #6, Hybrid 8, and #7, microphones, and
award them the contract for these items in the amount of $968.84; and (4) accept the verbal
bid from American Video Products, 615 S. State College Boulevard, Fullerton, California, on
Item #5, light kit, and award them the contract for this item in the amount of $1,110.88. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILIvIEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR DANCE FLOOR REPAIR AND
AUDITORIUM FLOOR REFINISHING, REQUEST FOR QUOTATION NO. 8586 -36: Mr. Essex
presented a report from the Recreation & Park Director dated April 4 indicating that bids
were requested from 11 contractors and only one hid was received.
Acting as the ex officio governing Board of Directors of the Cypress Recreation & Park
District, it was moved by Councilman Mullen and seconded by Councilman Partin to: (1)
appropriate $700.00 from the general services fund to Account #4186 -12- 563 -24; and (2)
award the contract for the repair of the portable dance floor in the amount of $4,000.00
(with $400.00 available for additional repairs if required after teardown at staff direction)
and award the refinishing of the auditorium flooring in the amount of $4,900.00 to McDonald
Construction Company, 11852 Lamplighter, Garden Grove, California. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE RE- ROOFING OF THE EAST AND
WEST WINGS OF THE ADMINISTRATION BUILDING, RE- SATURATING THE ROOF OF THE
MAIN BUILDING AT THE MAINTENANCE YARD, AND MISCELLANEOUS ROOF REPAIRS
AT THE COMMUNITY CENTER, CITY OF CYPRESS PROJECT NO. 8632 -90: Mr. Essex
presented a report from the Public Works Director dated April 7 listing four bids received.
It was moved by Councilman Mullen and seconded by Councilman Partin to: (1) determine
that the lowest responsible bidder for Project #8632 -90 is Rey -Crest Roofing and
Waterproofing Company, 3065 Verdugo Road, Los Angeles, California, and award them the
contract in the amount of $132,364.00; and (2) authorize an appropriation from the fund
balance of the General Fund and appropriate $4,000.00 to Account #4186 -11- 474 -24. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR TREE TRIMMING SERVICE: Mr. Essex
presented a report from the Public Works Director dated April 7 outlining five bids received.
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City Council Minutes April 14, 1986
It was moved by Councilman Coronado and seconded by Councilman Partin to award the
contract for trimming 124 Palm trees, 63 Bottle Brush trees, and 111 Eucalyptus trees to
Cotters Tree Service, 10662 Court Street, Stanton, California, in the arnount of $6,816.00.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDEItATION OF' AWARD OF CONTRACT FOR REUPHOLSTERING COUNCIL
CHAMBER SEATING: Mr. Essex presented a report from the Public Works Director dated
April 8 outlining eight bids received.
It was moved by Councilman Partin and seconded by Councilman Mullen to award the
contract for reupholstering 100 Council Chamber audience seats, 7 Council Member chairs, 4
Conference Room chairs, and one secretary's chair to Wahl's Furniture Manufacturing
Company, 3732 Cerritos Avenue, Los Alamitos, California, in the amount of $6,513.70. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF WALKER
STREET FROM LINCOLN AVENUE TO 400 FEET NORTH OF LINCOLN AVENUE, CITY OF
CYPRESS PROJECT NO. 8133 -10 -1158: Mr. Essex presented a report from the Public Works
Director dated April 9 indicating that the apparent low bid was 55% above the Engineer's
Cost Estimate. The Engineering Division requested that all bids be rejected so that they may
review the project.
It was moved by Councilman Mullen and seconded by Councilman Partin to reject all bids and
authorize the Engineering Division to review the project and re- advertise, with the bid date
to he set in coordination with the Southern Pacific Transportation Company's schedule. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCIL!VIEMBERS: None
CONSENT CALENDAR: All items listed on the agenda under "Consent Calendar" are to he
considered by the Council as routine and enacted by one motion approving the
recommendations on the agenda.
Councilman Coronado requested the removal of Item #26 from the Consent Calendar.
It was moved by Mayor Lacayo and seconded by Councilman Coronado to approve Items #12
through 33 on the Consent Calendar with the exception of Item #26. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCIL .VTEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item #12: Motion to Approve City Council Minutes of the Regular Meeting of March 24,
1986, and the Adjourned Regular Meeting of March 31, 1986.
Recommendation: That the City Council approve the Minutes of March 24, 1986 and March
31, 1986 as submitted, with Councilman Partin abstaining on the Minutes of March 24, 1986,
due to his absence at the meeting.
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 Renewal of Fire Protection Services Agreement.
Recommendation: That the City Council approve the agreement between the City and
Orange County for fire protection services for a five -year period, ending June 30, 1991, and,
subject to the approval of the City Attorney as to form, authorize the Mayor to sign and the
City Clerk to attest the subject agreement.
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City Council Minutes April 14, 1986
Item #15: Consideration of a Request from the St. Irenaeus Fiesta Committee for Waiver of
Fees for the St. Irenaeus Catholic Church's Annual Fiesta.
Recommendation: That the City Council grant the request to waive all required fees for the
St. Irenaeus Catholic Church's 23rd annual Fiesta to be held on June 21 and 22, 1986, with the
condition that no-fee building and electrical permits be obtained for carnival. activities.
Item #16: Consideration of Proclaiming April 1986 as "Child Abuse Prevention Month" and
April 20 -26, 1986, as "Victims' Rights Week ".
Recommendation: That the Mayor and City Council officially proclaim April 1986 as "Child
Abuse Prevention Month" and April 20 -26, 1986, as "Victims' Rights Week" in the City of
Cypress as requested.
Item #17: Consideration of Claim Filed by Arthur F. Ackerman, Attorney, on Behalf of
William Keith Churchill.
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 #18: Consideration of a Resolution Making Certain Findings in Connection with an
Industrial Disability Retirement Claim for James J. Worden.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
setting forth the findings of the City that Police Officer James J. Worden be placed on
industrial disability retirement with PERS effective March 24, 1986:
RESOLUTION NO. 3077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
MAKING CERTAIN FIN")INGS IN CONNEC'T'ION WITH A CLAIM FOR
INDUSTRIAL DISABILITY RETIREMENT.
Item #19: Consideration of Proclaiming April 14 -19, 1986, as "Earthquake Preparedness
Week ".
Recommendation: That the Mayor and City Council officially proclaim April 14 -19, 1986, as
"Earthquake Preparedness Week" in the City of Cypress.
Item #20: Consideration of Proclaiming May 1, 1986, as "Law Day, U.S.A. ".
Recommendation: That the Mayor and City Council officially proclaim May 1, 1986, as "Law
Day, U.S.A." in the City of Cypress.
Item #21: Consideration of Proclaiming May 1986 as "Neighborhood Watch Month ".
Recommendation: That the Mayor and City Council officially proclaim the month of May
1986 as "Neighborhood Watch Month" in the City of Cypress.
Item #22: Consideration of Proclaiming May 4 -11, 1986, as "Days of Remembrance of the
Victims of the Holocaust ".
Recommendation: That the Mayor and City Council officially proclaim May 4 -11, 1986, as
"Days of Remembrance of the Victims of the Holocaust" in the City of Cypress.
Item #23: Consideration of Attendance at the 1986 Community Cable Users Symposium.
Recommendation: That the City Council authorize the attendance of four (4) members of
the CATV Advisory Committee at the 1986 Community Cable Users Symposium in Lakewood
on May 2 and 3, 1986, and reimbursement for all actual and necessary expenses incurred, and
appropriate $550 from the fund balance of the General Fund to Account #4206 -11- 119 -02.
Item #24: Consideration of Proclaiming May 1986 as "Older Americans Month ".
Recommendation: That the Mayor and City Council officially proclaim the month of May
1986 as "Older Americans Month" in the City of Cypress as requested.
Item #25: Consideration of Application for Alcoholic Beverage License Transfer Filed by
Abdussaiam M. and Diane R. Abushhiwa and Georges Mazraani, DBA Cedar Liquor, 6155 Ball
Road, Cypress.
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81
City Council Minutes April 14, 1986
Recommendation: Receive and file.
Item #27: Consideration of Claim Filed by Wayne Hunkins, Attorney, on Behalf of William H.
Keen.
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 #28: Consideration of Communication from the Federal Employees Metal Trades
Council, Long Beach - AFL -CIO, Requesting Support of the Long Beach Naval Shipyard.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
supporting the Long Beach Naval Shipyard, and authorize the Mayor to forward this
Resolution to the U.S. Department of Defense, Secretary of the Navy, and appropriate
Federal legislators:
RESOLUTION NO. 3078
A RESOLU LION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE LONG BEACH NAVAL SHIPYARD.
Item #29: Consideration of Resolutions Commending the Cypress Raiders Division 3 Boys
and the Cypress 5th Division Boys All Stars of the AYSO Region #154 for Their Outstanding
1985 --86 Season.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows, commending the Cypress Raiders Division 3 Boys and the Cypress 5th Division Boys
All Stars of AYSO Region #154 for their outstanding 1985 -86 season:
RESOLUTION NO. 3079
A RESOLUTION OF rHE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENf_)1NT( THE CYPRESS RAIDERS DIVISION 3 BOYS, AYSO
REGION #154, FOR ITS OUTSTANDING 1985 -86 SEASON.
RESOLUTION NO. 3080
A RESOLUTION OF THE CI'T'Y COUNCIL OF THE CITY OF CYPRESS
COMMENTING THE CYPRESS 5TH DIVISION BOYS ALL STARS, AYSO
REGION #154, FOR ITS OUTSTANDING 1985 -86 SEASON.
Item #30: Consideration of Advanced Funding for 30th Anniversary Dance.
Recommendation: That the City Council approve authorization to advance funding in the
amount of $2,000.00 to the Community Festival Steering Committee from budget Account
#4188 -11- 117 -02, to be reimbursed by the Steering Committee.
Item #31: Consideration of Attendance of the Director of Recreation & Park District at the
1986 Community Services Conference of the League of California Cities.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation & Park District, authorize the attendance of the
Recreation & Park Director at the 1986 Community Services Conference of the League of
California Cities to be held on April 30 - May 2, 1986, in San Diego, and reimbursement for
all actual and necessary expenses incurred.
Item #32: Consideration of' Block Grant Funds Under the Roberti- Z'Berg Urban Open Space
and Recreation Program.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation & Park District, approve Phase I of the Senior Citizens
Center Expansion /Renovation Project and adopt the Resolution by title only, title as follows,
authorizing formal application for funding under the Roberti- Z'berg Urban Open Space and
Recreation Program of the California Park & Recreation Facilities Act of 1984:
82
City Council Minutes April 14, 1986
RESOLUTION NO. 151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF
THE CITY OF CYPRESS, APPROVING THE APPLICATION FOR.
GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN SPACE
AND RECREATION PROGRAM FOR PHASE I SENIOR CITIZENS
CENTER. EXPANSION /RENOVATION.
Item #33: Consideration of Donation of $150 from the California Handlers Advanced
Ohedience School - C.H.A.O.S.
Recommendation: That the City Council, acting as the ex officio governing Hoard of
Directors of the Cypress Recreation & Park District, formally accept the donation in the
amount of $150 from the California Handlers Advanced Obedience School ((77.H.A.O.S.) and
allocate $150 from the fund balance of the General Fund to Account #4104 -12- 307 -10 for the
purchase of tables and other equipment for Arnold /Cypress Park.
In regard to Item #26, Consideration of Status Report on Claim of David Wallis and Cheryl
:late, Councilman Coronado inquired if the claim was due to a defect in a City street. Staff
reported that the claim was for a car accident involving a City vehicle. The total claim
settlement of $2,278.34 included $80 for personal injury.
It was moved by Councilman Coronado, seconded by Councilman Mullen and unanimously
carried to receive and file the report.
CONSI'.)ERAT1ON OF REGJUEST FROM THE SENIOR CITIZENS COMMISSION FOR
INCREASE IN THE MEETING COMPENSATION: Mr. Essex presented a report dated April 9
indicating that the Commission requested an increase of the meeting compensation to $25
per month.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the
increase in meeting compensation for members of the Senior Citizens Commission to $25 per
month. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 Cr)UNC1LMEMRERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILiVIEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERA'T1ON OF REQUEST FOR ADDITIONAL RADIO VOTER ANTENNA: Mr. Essex
presented a report from the Police Chief dated April 1 describing the need to install a voter
antenna at the Race Track Grandstand roof.
It was moved by Councilman Mullen and seconded by Councilman Coronado to: (1)
appropriate $4,558.00 from the General Fund balance to Account #4522 -90- 656 -35; (2)
determine that it is in the best interest of the City to dispense with formal competitive
bidding based on sole source for system compatibility pursuant to City Code Section 21A-8f;
(3) authorize the purchase of the radio voter antenna system from Motorola Communications
and Electronics Inc., 171 S. Anita, Suite 201, Orange, California, in the amount of $4,200.00;
and (4) authorize staff to contract with Pacific Bell to install, at a cost of $358.00, the
necessary telephone circuit. Monthly service line fee of $37.24 will be taken out of Account
#4201 -11- 169 -05. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY
(OCCR.MA) PREMIUM ALLOCATION FORMULA BY -LAWS AMENDMENT: Mr. Essex
presented a report dated April 8 describing a proposed alternate premium allocation plan for
liability coverage.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve the
Amendment to the By -Laws of the Orange County Cities Risk Management Authority and
authorize the Mayor to sign the amendment on behalf of the City. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
City Council Minutes April 14, 1986
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
#14238 - 14446: It was moved by Mayor Lacayo and seconded by Councilman Mullen to
approve the Warrant List for Warrants #14238 through #14446 in the total amount of
$796,595.25. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Item #44 concerning the workshop meetings, the City Council scheduled the
workshop on the 'face Track property development for Monday, April 21, at 6:30 p.m.
Mr. Essex reported that the affordable housing corporation requested a meeting with the
Council to discuss the status of affordable housing. Staff reported that they eoul1 not
proceed until they receive information from HUD on final costs as well as the plans and specs
on evhieh HUD based its estimates.
The Council requested staff to notify the group and Mrs. Laehina that the City is awaiting
input from HUD.
WRITTEN & ORAL, COMMUNICATIONS: Councilman Partin pointed out a conflict on the
Master Calendar between events scheduled for April 22. Councilman Partin also reported
that the Cypress High School Varsity Song Leaders won a national title at the International
Cheer Leading Competition held in Chicago April 10 -13.
EXECUTIVE SESSION: The Mayor called an Executive Session for litigation matters at 1:26
a.m. The meeting reconvened at 1:53 a.rn. with all Councilrnembers present.
ADJOURNMENT: Mayer Lacayo adjourned the meeting at 1 :53 a.m. to Monday, April 21, at
6 :30 p.m. in the Administrative Conference Room.
A' l' 1'EST:
CITY CLERK ( F THE CI'T ' OF CYPRESS
83