Minutes 80-05-19MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CYPRESS CITY CO~CIL
HELD
May 19, 1980
The adjourned regular meeting of the Cypress City Council was called to order
at 7:10 p.m. on Monday, May 19, 1980 in the Adm~nlstrative Conference Room of
the Cypress City Hall, 5275 Orange Avenue, L~presa,'/ California, Mayor Vickie
Evans presiding.
PRESENT:
ABSENT:
Councilmembers Coronado, Mullen, Rowan and Evans
Councilman Lacayo
CONTINUATION OF CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT~
KATELLA AVENUE SANITARY SEWER~ PROJECT #7671-90 AND CONTINUATION OF CONSID-
ERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE KATELLA AVENUE
SANITARY SEWER FROM LEXINGTON DRIVE (DENNI STREET) TO 910 FEET EAST OF
WALKER STREET~ CITY OF CYPRESS PROJECT #7671-90: The City Manager presented a
report dated May 15 indicating these items were continued from the May 12 meeting
in order to allow the City Attorney to finalize agreements with the McDonnell-
Douglas Corporation. The City Attorney outlined terms of the agreement with
McDonnell Douglas whereby the City would assign them the construction contract
and would be reimbursed for out of pocket expenses. McDonnell Douglas would
then give the facility to the City or else have their property assessed for its
cost. Other properties which connect to the sewer would be assessed on a pro
rata basis to reimburse McDonnell Douglas. Staff expected the facility to be
completed by August 19.
It was moved by Councilman Rowan, seconded by Councilman Mullen and unanimously
carried to: (1) determine that Duca and McCoy, 3840 East Coast Highway, Corona
del Mar, California, is the lowest responsible bidder and award them the contract
for the construction survey of Katella Avenue, Project #7671-90, per their
proposal in the amount of $4,100.00; (2) determine that the lowest responsible
bidder for Project #7671-90 is Fleming Engineering, Inc., 13909 Artesia, Cerritos,
California, and award them the contract for the construction of the Katella
Avenue Sanitary Sewer improvements in the amount of $579,000.00; and (3)
authorize a budget transfer from the General Fund and appropriate $654,238.00
from the fund balance of the General Fund to the following accounts, subject
to the execution of the agreement between the City and McDonnell Douglas
Corporation:
10-4001-491.28
10-4006-491.28
10-4150-491.28
10-4186-491.28
10-4189-491.28
10-4207-491.28
10-4114-491.28
10-4151-491.28
$ 8,552.00
4,276.00
47.81
636,137.00
4,~00.00
100.00
25.00
1,000.19
CONSIDERATION OF ADOPTION OF RESOLUTION COMe,ENDING CANADA FOR ITS EFFORTS ON
BEHALF OF AMERICAN CITIZENS CONFINED IN IRAN: The City Manager presented a
report dated May 15 indicating the City received a request from Mr. Charles
Pink of Forest Lawn Memorial Park for a resolution commending Canada for its
heroic efforts on behalf of the American citizens confined in Iran. The
resolution will be presented to Mr. William Gruer, the Los Angeles Consul-
General for Canada, at Forest Lawn memorial services on May 26.
It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt
the following Resolution by title only, title as follows:
City Council Minutes
May 19, 1980
RESOLUTION NO. 2233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, HONORING AND COMMENDING CANADA FOR ITS HEROIC
EFFORTS ON BEHALF OF AMERICAN CITIZENS CONFINED IN IRAN.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCIL~MBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Coronado, Mullen, Rowan & Evans
None
Lacayo
CONSIDERATION OF LEGISLATIVE BULLETINS #18-1980 AND #19-1980 FROM THE LEAGUE
OF CALIFORNIA CITIES DATED MAY 2, 1980 AND MAY 9, 1980: The City Manager
presented a report dated May 14 which summarized the provisions of AB 2698
relating to zoning for factory-built housing and SB 1960 relating to mobile
homes on permanent foundations in single-family zones.
Following discussion of the bills, it was moved by Councilman Mullen, seconded
by Councilman Coronado and unanimously carried to direct staff to prepare a
response for the Mayor's signature to the appropriate officials expressing
the City's opposition to SB 1960 and opposition to AB 2698 but indicating that
the City would support AB 2698 only if it contains the three amendments rec-
ommended by the League of California Cities.
The City Manager requested that two items be added to the agenda: one regarding
the Vector Control District appointment and the second relating to an amendment
to the Fireworks Control Ordinance #659. He transmitted information on these
items to the Council.
In regard to the Vector Control District appointment, the City Attorney reported
that, according to the County Counsel's 1972 opinion prepared at the request of
the Mosquito Abatement District, a City Council cannot remove a qualified
appointee to the District since the California Health and Safety Code fixes
the term of service at two years. He reported that the County Counsel's office
advised him today that this provision is still in effect and is included in
the Government Code, although the State Constitutional provision was repealed
in November, 1972. Mr. Murphy stated that, since the term of office is fixed
at two years, the Council could not remove former Councilwoman MacLain as the
City's appointee.
Following the Council's discussion of this matter, the Council directed staff
to prepare the appropriate language for inclusion in pending legislation which
would change the manner of appointments and removal from appointments to the
Vector Control District and that staff request the City's two State Legislators
to include the language as part of proposed legislation.
In regard to the Fireworks Control Ordinance #659, the City Attorney recommended
that the Council adopt an ordinance amending the insurance provisions of Ordinance
#659 which would change the effective date of insurance for fireworks stands
to the period May 31 through July 15. The provisions of Ordinance #659 call for
the insurance to be in effect from June 30 through July 31. The new provision
would provide the City with greater protection by covering the time a fireworks
stand is moved onto and off property and would provide uniform insurance for
all stands.
It was moved by Councilman Mullen and seconded by Councilman Coronado to order
the following Ordinance read by title only, title as follows, and to approve
the first reading of the Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AM~NDING A PORTION OF SECTION 5-2(D)(5) OF THE CODE OF
THE CITY OF CYPRESS RELATING TO THE SALE OF SAFE AND
SANE FIREWORKS.
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City Council Minutes
May 19, 1980
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILbIEMBERS:
1 COUNCILMEMBERS:
Coronado, Mullen, Rowan & Evans
None
Lacayo
CONSIDERATION OF THE CYPRESS BUSINESS PARK: The City Manager presented a report
dated May 15 indicating the purpose of the Council's workshop meeting was to
discuss the future development of the Cypress Business Park generally located
in the vicinity of Katella Avenue and Valley View. The Planning Director intro-
duced Mr. Allen Parker, a consultant for Brian Harvey, one of the property owners
in the Business Park.
The Planning Director stated staff is seeking policy guidelines from the Council
for development of the Business Park. He reviewed the history of development
in the Business Park to date. With regard to the property owned by Mr. Harvey,
and site of the Fiat development, Mr. Lamm stated staff was interested in devel-
oping a master plan to avoid piecemeal development. Mr. Lamm stated staff
recommended following a "specific plan" approach for all properties in the
Business Park. He reported that the General Plan designates the Business
Park as industrial and manufacturing which does not include commercial uses.
The staff explained the specific plan zoning process and indicated it would
allow properties under separate ownerships to be developed similar to a planned
unit development concept which would establish development standards and
a flexibility of permitted uses. Mr. Lamm stated such a plan was followed
for the Lusk Company development. He indicated that the advantages of a
specific plan process are that it would avoid piecemeal development, allow
a projection of fiscal needs for a development, and the City would establish
in advance of development certain standards such as an adequate buffer zone
for industrial uses and coordinated plans for traffic signals, street align-
ments and street access points on the property. Mr. Lamm stated zoning can
be incorporated in the specific plan. This would negate the need for a zone
change for specific properties within the Business Park. Mr. Lamm indicated
that staff has been working with Brian Harvey to develop a master plan for
his property and a proposed specific plan and proposed zoning will be sub-
~itted to the Council in the near future. The staff requested that the Council
address which land uses they would like developed in the Business Park, namely,
a regional shopping center, retail sales uses or other revenue producing
Councilman Rowan stated his interpretation of zoning for the Business Park
property was that it was industrial but would allow as much commercial use
as the market will bear. He felt the General Plan designation was restrictive
and that there should be a mechanism to permit commercial uses. Councilman
Mullen stated he was always under the impression that the zoning concept
for the property was industrial/commercial. He expressed a concern that
commercial development in the industrial areas of the Business Park could
pose a competitive threat to commercial uses elsewhere in the City. He stated
be would favor industrial uses on the interior portions of the property and
having staff analyze appropriate locations for potential retail commercial
uses. Staff indicated that there are sales tax producing uses, other than
retail commercial, which could be developed on the property which would not
be competitive with retail commercial uses elsewhere. Mayor Evans recommended
that revenue producing uses, aside from retail commercial, be investigated
for the entire Business Park area and indicated she was also interested in
pursuing other avenues such as assessment districts as an incentive for
development.
Mr. Robert Eames of the Chamber of Commerce stated the Business Park has the
potential to attract foreign distributor companies and businesses which are
expanding out of the Los Angeles area.
The Council held discussion with Mr. Parker regarding proposed development of
Mr. Harvey's property. Mr. Parker indicated he supported the specific plan
concept for the property. He felt the development standalds, such as provision
of a buffer zone adjacent to the residential properties, would not pose a problem
to the developer. He indicated the property owner was previously interested in
commercial development on the property but the response had been negative.
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City Council Minutes
May 19, 1980
Councilman Coronado stated be supported sales tax producing uses for the prop-
erty and imaginative and artistic uses which could serve as a focal point and
attract shoppers from other communities. Councilman Mullen felt other values
must be addressed besides revenue such as whether there is a need for shopping
(grocery) stores in the area. He stated a regional shopping mall on the
property had no market support. Councilman Rowan expressed support for special
agreements and assessment districts to encourage development. The Council's
direction to staff was that they were in support of development of revenue
producing uses for the entire Business Park property and this was not limited
to retail commercial uses but included innovative methods to achieve revenue
producing uses which are capable of supporting the public services they require.
ADJOURNMENT: Mayor Evans adjourned the meeting at 9:35 p.m.
ATTEST:
~Y6R O~ THE~G~f CYPRE~S~
CITY CLERK OF~THE CIT~ OF CYPRESS
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