Minutes 87-10-13
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42
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 13, 1987
The regular meeting of the Cypress City Council was called to order at 5:35
p.m. on Tuesday, October 13, 1987 in the Cypress City Council Chamber, 5275
Orange Avenue, Cypress, California, Mayor Kanel presiding.
PRESENT: Councilmembers Arnold, Coronadn, Davis, Mullen and Kanel
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson, Assistant City Manager David Barrett and staff members Beardsley,
DeCarlo, Eynon, Hurst and Leonard.
ORAL COMMUNICATIONS: Mayor Kanel asked if anyone wished to speak of matters
on the 5:30 p.m. portion of the agenda. No one wished to do so.
CONSIDERATION OF AWARD OF CONTRACT FOR TREE TRIMMING IN DISTRICTS 15. 41. 47
AND 48. Mayor Kanel referred to a staff report dated October 1, 1987 which
indicated bids for trimming 122 elm trees in Districts 15, 41, 47 and 48 were
opened in the Purchasing Office on September 15, 1987. Because of the extreme
price differential, the low bidder"s prior experience was checked and staff
was satisfied that the low bidder, Active Tree Service, can perform the work
to the City"s standards.
It was moved by Councilman Mullen and seconded by Councilman Davis to award
the contract in the amount of $5,368.00 to trim 122 elm trees in Districts 15,
41, 47 and 48 to Active Tree Service, P.O. Box 5427, Orange, CA 92613. The
motion unanimously carried by the following roll call vote.
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR SIDEWALK ON EAST SIDE OF WALKER STREET
FROM CERRITOS AVENUE TO RAILROAD: WALKER STREET BIKE TRAIL. WEST SIDE FROM
RAILROAD TO KATELLA AVENUE; AND DENNI STREET SIDEWALK. SOUTH OF LINCOLN
AVENUE. CITY OF CYPRESS PROJECT NO. 8657-90. The City Manager referred to the
staff report dated October 2, 1987, which indicated that bids for the Walker
Street Sidewalk and Bike Trail and Denni Street Sidewalk were opened in the
office of the City Clerk on October I, 198/, and the bid of Wakeham-Baker,
Inc., in the amount of $69,069.00 is the apparent low bid and is $723.41 or 1%
above the engineer"s estimate. It will be necessary to appropriate $31,492.13
from the General Fund to Account No. 4186-]1-449.26 to cover the cost of the
contract until SB 831 funds are received.
It was moved by Counci Iman Mullen and seconded by Councilman Davis to
authorize an appropriation from the fund balance of the General Fund and
appropriate $31,492.I3 to Account No. 4186-11-449.26 and award the contract
for the sidewalk and bike trail on Walker Street and sidewalk on Denni Street
to Wakeham-Baker, Inc., ]122~ Slater Avenue, fountain Valley, CA 92/08 in the
amount of $69,069.00. The motion unanimously carried by the following roll
cal I vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado. Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: Non0
CONSIDERATION OF AWARD OF CONTRACT FORlWO (2) COMMERCIAL RIDING MOWERS.
REQUEST FOR QUOTATION NO. 8/88-09. Mayor Kanel referred to the staff report
dated October I, 198/ which revealed that bids were received in the Purchasing
Office for two (2) commercial riding lawnmowers on October 1, 198/. Bids were
mailed to seven heavy duty landscape equipment suppliers and the Cypress
Chamber of Commerce and four complete bids were returned.
It was moved by Councilman Mullen and seconded by Councilman Davis to award
the contract for two commercial riding mowers in the amount of $13,510.50 to
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City Council Minutes October 13, 1987 43
c. R. Jaeschke Inc., 8845 Complex Drive, San Diego, CA 92123 as the lowest
responsible bidder. The motion unanimously carried by the following roll call
vote:
AYES: 5 tOUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOE::S: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
CONSIDERATION OF AWARD OF CONTRACT FOR PRIME COMPUTER SYSTEM UPGRADE. The
City Manager summarized the staff reported dated October 2, 1987 which
described the inclusion in the 1987/88 budget of $50,000. for needed upgrades
for the City"s prime computer system. The upgrades include: 1) replacing the
obsolete tape drive system, 2) increasing the disk storage capacity, and 3)
purchasing the required equipment to add 16 users to the system. The total
cost of these upgrades is $46,906. which includes a $4,000. trade-in allowance
for the 80MB disk drive and the old tape system.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to
authorize the Mayor to sign a contract with Prime Computer, Inc., 18401 Von
Karman Avenue, Ste. 270, Irvine, CA 92715 to provide for a Prime Computer
upgrade in the amount of $46,906. as outlined in the report. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILME::MBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the Consent Calendar Items #5 through #14. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
J tem #5: Motion to Approve City Council Minutes of the Regular Meeting of
September 28, 1987.
Recommendation: That the City Council approve the minutes of September 28,
1987, as submitted with Mayor Kanel abstaining due to his absence at the
meeting.
Item #6: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
I t em # I : Consideration of Contract Extension for Publication of Legal
Advertisements.
Recommendation: That the City Council authorize the extension of the contract
for publication of legal advertisements with Cypress News Enterprise to
November 9, 198/.
Item #8: Consideration of Proclaiming October 24, 1987, as "United Nations
Day."
Recommendation: lhat the Mayor and City Council officially proclaim October
24, 198/, as "United Nations Day" in the City of Cypress as requested.
Item #9: Consideration of Proclaiming November 7, 1987, as "Adult Re-Entry
Day."
Recommendation: That the Mayor and City Council officially proclaim November
7, 198/, as "Adult Re-Entry Day" in the City of Cypress as requested by the
Cypress College Adult Re-Entry Center.
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~4 October 13, 1987
lty Council Minutes Item 10: . Consideration of Additional Repairs to the Landscaped Berm on North
Side of Stanton Channel Between Valley View Street and Knott Street - Cypress
Corporate Center Landscape Maintenance District No.1, City of Cypress Project
No. 8615-90.
Recommendation: That the City Council approve the additional repairs in the
amount of #3,049.00 and authorize the Finance Director to pay Environmental
Care, Inc., 1960 South Yale Street, Santa Ana, California 92704, for the work
described in the report. .~
Item #11: Consideration of Sorrento (Tank Farm) Enyironmental Impact Report
Deadline Extension.
Recommendation: That the City Council extend the review period for the
Environmental Impact Report for the Sorrento (Tank Farm) Specific Plan No. 86-
2, for a period of three months ending on January 23, 1988.
Item #12: Consideration of Amendment to Employment List - Building Inspector,
Certified August 10, 1987.
Recommendation: That the City Council approve an amendment to the Building
Inspector Employment List dated July 31, 1987, which was certified at the
Council Meeting of August 10, 1987.
Item #13: Consideration of Claim Filed by Barbara DeLaMare.
Recommendation: That the City Council direct the City's Claims Administrator,
Carl Warren & Co., to settle the subject claim in the amount of $218.00.
Recreation & Park District Matters:
Item #14: Consideration of Proposed Fee Increase for Kids Carner.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
proposed fee increase for Kids Corner as outlined in the report and as
recommended by the Recreation and Community Services Commission.
ORDINANCf:S: (Second Reading)
It was moved by Councilman Mullen and seconded by Councilman Davis to order
the following Ordinance read by title only, title as follows and to adopt the
Ordinance:
ORDINANCE NO. 78b
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
APPENDIX I "ZONING" OF THE MUNICIPAL CODE OF THE CITY OF CYPRESS TO
PERMIT RECYCLING COLLECTION FACILITIES IN Cf:RTAIN ZONES BY CONDITIONAL
USE PERMIT.
The motion carried by the following roll call votp
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Kanel
Mayor Kanel abstained due to his absence at the public hearing.
STUDY SESSION: The City Manager explained that the TEAM has been meeting with
Archiplan representatives to review the various concepts and ideas on
affordable senior housing and Archiplan has prepared alternatives to present
to the Council prior to the presentation to the Senior Citizens Commission.
Mr. Richard Thompson, Archiplan, stated the issues to be addressed were
parking and land uti lization, and defined the housing-type selections
considered to be in the affordable category, such as, the retirement hotel,
senior rental housing and congregate care housing.
EXECUTIVE SESSION: At 6:40 p.m., Mayor Kanel adjourned the meeting to
Executive Session to discuss matters of litigation and personnel.
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City Council Minutes October 13, 1987 45
The meeting reconvened at 7:45 p.m. with all Councilmembers and staff members
present as before, with the addition of staff member Lowenberg.
PLEDGE OF ALLEGIANCE: The pledge was led by Andy Gleason, Boy Scout Troop
670.
PRESENTATIONS: Mayor Kanel, on behalf of the City of Cypress, read and
presented a proclamation to Ms. Gail Kolsky, Cypress College Adult Re-entry
Coordinator, and proclaimed November 7 "Adult Re-entry Day".
The presentation to the City of Cypress by Mrs. Bobbie Bloch, Woman's Club of
Cypress was continued to the October 26 meeting.
ORAL COMMUNICATIONS: Mayor Kanel asked if anyone desired to speak of matters
on the 7:30 portion of the Agenda. No one wished to do so.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE NO. 87-6, BUS SHELTERS CONTAINING SIGNS IN THE PUBLIC RIGHT-OF-WAY
CITY WIDE: The City Manager referred the staff report dated October 1, 1987
in which staff requested that this amendment be continued to the October 26
meeting due to the number of items on the October 13 Agenda.
It was moved by Councilman Davis and seconded by Councilman Mullen to continue
the public hearing on the Amendment to the Zoning Ordinance No. 87-6 to the
October 26, 1987 meeting. The motion unanimously carried by the following
roll call vote:
'"j
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING
ORDINANCE NO. 87-7, ESTABLISHING DEVELOPMENT STANDARDS FOR NEW RESIDENTIAL
ADDITIONS AND REROOFING: The City Manager referred to the staff report dated
October I, 1987 in which staff requested continuation of the Amendment to the
Zoning Ordinance No, 87-7 to the October 26 meeting to allow additional time
to prepare and review the proposed ordinance.
It was moved by Counci Iman Mullen and seconded by Councilman Davis to continue
the public hearing on the Amendment to the Zoning Ordinance No. 87-7 to the
October 26, 1987 meeting. The motion unanimously carried by the following
ro II call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDIfIONAL USE PERMIT
NO. 87-19 SIX APARTMENT UNITS, 9532 WALKER STREET. Mayor Kanel referred to
the staff report dated October I, 1987 which described a request from the
applicant to continue this item to the October 13 meeting to provide an
opportunity to address concerns regarding landscaping and a landscape berm to
minimize the visual impact of a proposed carport structure from Walker Street.
The applicant has begun to compile the requested information and staff
recommended that C.U.P. 81-19 be continued to the October 26, 1987 meeting.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
the public hearing on Conditional Use Permit No. 81-19 to the meeting of
October 26. The motion unanimously carried by the following rol I call vote:
AYES: 5 COUNC ILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNC I LMUII:3ERS: None
ABSENT: 0 COUNCILMEMBERS: NONE
CONSIDERATION OF PUBLIC HEARING RE: PROHIBITING THE SALE AND DISCHARGE OF
FIREWORKS IN THE CITY OF CYPRESS. Mayor Kanel opened the public hearing and
indicated that he had received a request to delay the hearing and hearing no
objection, the Mayor continued the matter to a time later in the meeting.
CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 87-365 - CONSOLIDATE SEVEN
PARCELS INTO ONE PARCEL. NORTHWEST CORNER OF WALKER STREET AND CAMP STREET.
Mayor Kane! declared the public hearing open. The Planning Director
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~"y Council Minutes October 13. 1987
summarized the staff report dated October 2, 1987 which described a request to
consolidate seven parcels into one parcel for the purpose of constructing a
commercial building. At the meeting of August 10, the Council approved Design
Review Committee No. 87-25 and Variance No. 87-6, which granted a request to
construct a commercial building on the property. The applicant is now
requesting approval of a parcel map combining all parcels in order to
construct the building. Notices of this public hearing were posted, published
and mailed to all property owners within 300 foot radius of the subject parcel
and staff has not received comments regarding this request. Staff recommended -,
that Parcel Map No. 87-365 be approved subject to the conditions in Exhibit
"A" attached.
Mr. George Kerns. Salkin Engineering, representing the applicant. stated he
concurred with the staff report and would answer any questions from the
Council.
Mayor Kanel asked if anyone wished to speak in support or opposition to the
application. No one wished to do so.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close
the public hearing and adopt the Resolution by title only, title as follows
approving Parcel Map No. 87-365 subject to the conditions in Exhibit "A".
RESOLUTION NO. 3305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 87-365 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCl LMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 87-
8. OFF-STREET PARKING: Mayor Kanel opened the public hearing. The Planning
Director summarized the staff reported dated October 1, I987 which represented
a request to amend Section 14.2.A of the Cypress Zoning Ordinance to allow
required off-street parking spaces to be located on abutting properties
through the use of parking agreements and traffic studies subject to a
conditional use permit. The issue of shared parking has been raised in areas
of the business park and as part of the Lincoln Avenue Study. There has been
a request filed by the Cypress Evangelical Free Church to permit shared
parking. The purpose of this report is to determine whether shared parking
may be an acceptable means for meeting minimum parking in general and if the
ordinance amendment is adopted, any individual project would require a
separate conditional use permit. Staff believes shared parking is feasible in
some cases; however, each case must be evaluated on its own merit. Staff
recommended the Council approve the first reading of the attached ordinance
amending Section 14.2.A of the City of Cypress Zoning Ordinance to allow
shared parking subject to a conditional use permit.
Mayor Kanel asked if anyone wished to speak in support of the application.
Mr. Bob Gilbert, Gilbert Engineering, 4552 Lincoln Avenue, Cypress,
representing the church, declared that with proper studies and control that
shared parking can be used in specific situations where the uses are
compatible with different time frames.
jl'p",'-,~
Mayor Kanel asked is anyone wished to speak in opposition to the application.
No one wished to do so.
Councilman Davis expressed concern about the possibility of drawing City
government into private enterprise as an arbitrator and stated that possibly
there will be some testing of the ordinance.
Councilman Coronado expressed a desire to treat the parking requests on a one-
by-one basis as they come before Council rather than on the broad basis of the
ordinance.
The City Attorney explained shared parking is not desirable and is only for
the hardship, difficult cases and, in the majority of cases, there would not
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City Council Minutes October 13, 1987 47
be any shared permit applications recommended by the staff. He further
advised that both parties have easement rights which cannot be terminated
unless both sides plus the City agree and it would not be desirable for the
property owners to seek this type of permit.
Councilman Coronado expressed concern about the possible involvement of the
City in potential litigation.
After further discussion, the City Manager stated, problems may arise because
of the easement feature which allows no flexibility for revocation should
future property owners determine the shared parking agreement incompatible
with their needs.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
the public hearing on the Amendment to the Zoning Ordinance No. 87-8 off-
street parking to the City Council meeting of November 9 at which time the
City Attorney will propose a recommendation. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: ESTABLISHMENT OF UNDERGROUND UTILITY
DISTRICT NO.6 ON LINCOLN AVENUE FROM 435' EAST OF MOODY STREET TO WEST CITY
LIMITS. CITY OF CYPRESS PROJECT NO. 8749-90: Mayor Kanel opened the public
hearing. The Public Works Director summarized the staff report dated October
1, 1987 which indicated the adoption of an ordinance which established
regulations and procedures for the removal of overhead utility facilities and
the installation of underground facilities in Underground Utility Districts.
In accordance with the provisions of the Ordinance, a public hearing was
called on October 13, 1987 to consider the establishment of an Underground
Utility District on Lincoln Avenue from 435 feet east of Moody Street to the
west City limits. All affected property owners and utilities were notified as
required. A preliminary cost estimate submitted by the Southern California
Edison Company indicates the cost of removing the poles and transmission
lines, construction of transmission lines in underground conduit with
necessary appurtenances and street lighting systems, is approximately
$668,700. The Edison Company will fund the project with allocated funds and
will advance $352,000. on a four year allocation to make up the deficient
funds. The underground construction will begin after May I, 1988 and be
completed by May I, 1989.
The Mayor asked if anyone wished to speak in support of or opposition to the
establishment of Underground Utility District No.6. No one wished to do so.
It was moved by Councilman Mullen and seconded by Councilman Davis to close
the public hearing and to adopt the Resolution by title only. title as follows
establishing Underground Utility District NO.6 on Lincoln Avenue from a point
435 feet east of Moody Street to the west City limits.
RESOLUTION NO. 3306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO.6 ON LINCOLN AVENUE FROM 435" EAST OF
MOODY STREET TO THE WEST CITY LIMITS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMfMBERS: Arnold, Coronado, Davis, Mullen & Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Kanel recessed the meeting at 8:37 p.m. At 8:50 p.m., the
meeting reconvened with all Councilmembers present as before.
The matter of the Consideration of a Public Hearing Re: Prohibiting the Sale
and Discharge of Fireworks in the City of Cypress had been opened earlier in
the meeting by Mayor Kanel. The City Manager summarized a letter received
from the secretary of Boy Scout Troop 670 urging the City Council to retain
safe and sane fireworks for their fund raising purposes. He also referred to
a staff report dated September 29. 1987 which indicated that the current City
6
Cfs Counc 11 Mi nutes October 13, 1987
building codes provide for the sale and discharge of safe and sane fireworks.
The Orange County Fire Department provides fire prevention and suppression
services to the City an a contractual basis and they recommended to all their
contract cities that consideration be given to eliminating all types of
fireworks except those discharged by certified pyrotechnic experts in public
displays.
Mayor Kanel asked if anyone wished to speak in support of prohibiting the sale
and discharge of fireworks.
.
Mr. Jim stone, Fire Marshal far the County of Orange, representing Fire Chief
Larry Holmes of the Orange County Fire Department, stated he had appeared
before Counc tl in August suggesting the adoption of the 1985 edition of the
fire code which recommended banning safe and sane fireworks in Cypress and it
is consistent with recommendations made to all of the contract cities in
Orange County.
Mr. Bob Nikitin, 5652 Sprague Avenue, Cypress, advised Council that he was
terrified of both safe and sane and illegal fireworks and didn't want his
property consumed by fire.
Mayor Kanel asked if anyone wished to speak in opposition to the ban on the
sale and discharge of fireworks in the City of Cypress.
Ms. Pam Zanelli, 2730 North Concord Street, Santa Ana, representing the Safe
and Sane Fireworks industry and in particular the Pyrotronics Corporation,
provided a booklet to Council on the safe and sane fireworks, which explained
the differences between safe and sane fireworks and illegal fireworks. Ms.
Zanelli recited statistics on damage caused by dangerous, illegal fireworks in
the County of Orange and advised that studies have determined that a ban does
not work and safe and sane fireworks do not pose a significant problem if they
are used properly. She urged the Council to consider the distinction between
the safe and sane and illegal fireworks and to consider the opportunities that
are afforded the community organizations fund raising efforts. "
In answer to a question posed by Councilman Coronado, the Orange County Fire
Marshal responded that the State Fire Marshal does allow certain types of
fireworks and the testing criteria is based on the type of material, toxicity.
rate of burn, fuses and, unfortunately, the safe and sane fireworks are very
easily altered.
Mr. Ray Haas, Instructor/Coach and Advisor for Cypress College Athletic
Boosters, stated that the sale of safe and sane fireworks create a legitimate
and rewarding fund raising effort for the Cypress College athletes to earn
monies for equipment.
Ms. Beatrice McCallson, 6062 Lee Drive. Cypress, reported that Boy Scout Troop
670 nets approximately $2,000 to $3,000 during the two day period of the
fireworks sale and these funds subsidize the scouting projects throughout the
year.
In answer to questions from the Council, Mr. Ed Whitfeld, Vice President of
Pyrotronics/Red Devil Fireworks Company, responded that there is a $500,000
general and product liability policy per incident that the fireworks stand
must buy and it is paid for from the profit earned.
Mr. Mike Gleason, lI474 Tortuga, Cypress, representing Boy Scout Troop 670,
stated he believed that the people will not adhere to the ban on the sale and
discharge of fireworks and it will be a difficult law to enforce.
Ms. Laurie Liddell, 5551 Citrus Court, Cypress, stated that with safe and sane
fireworks she is home on the 4th of July and makes sure her home and
neighbors' homes are safe from illegal fireworks.
Ms. Judy Liddel I, 5551 Citrus Court, Cypress, suggested the City place an
alternative before the residents and promote a year or two of successful
fireworks displays in the community and then consider the ban on the sale and
discharge of fireworks.
Mr. Wes Fickery, 5997 Noumea Street, Cypress, stated he had obtained
informational brochures on fireworks from the Garden Grove Fire Department and
distributed them in his neighborhood.
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City Council Minutes October 13, 1987 49
Ms. Gail 'Kerry, 5196 Edgemont Circle, Cypress, suggested the possibility of
raising money for non-profit organizations through a city-organized fireworks
display with booths selling items ather than fireworks.
Mr. steve Whitman, representing Freedom Fireworks Company, asked the Council
to address the issue of the differences between the safe and sane designation
and the illegal fireworks and suggested the ban of safe and sane fireworks
will promote greater problems.
Ms. Lanel Ii announced that the City of Orange voted to retain safe and sane
fireworks based on a proposal that was submitted from the safe and sane
fireworks industry.
Mr. Ted Hi II, 10001 st. Vincent Circle, Cypress, stated he believed the
percentage of fires caused by fireworks is very low and July 4 represents a
patriotic celebration in this country.
Councilman Mullen expressed surprise at the small number of people in
attendance and suggested a continuance of this matter to another meeting for
additional input. Councilman Davis felt a continuance to the next meeting
would be appropriate for more response. Counci Iwoman Arnold advised that she
had received sufficient information to make a decision this evening.
Councilman Coronado responded that sufficient information had been presented
to make a decision and he was in favor of banning the sale and discharge of
fireworks.
It was moved by Councilman Mullen and seconded by Councilman Davis to continue
the pUblic hearing to consider prohibiting the sale and discharge of fireworks
in the City of Cypress to the meeting of November 9.
The motion carried by the fol lowing roll cal I ~ote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSTAINED: .I COUNCILMEMBERS: Coronado
RECESS: Mayor Kanel recessed the meeting at 10:~8 p.m. At 10:30 p.m., the
meeting reconvened with al I Councilmembers present as before.
CONTINUAl ION OF CONSIDERATION Of DISCUSSION OF WRITTEN BID PROCEDURES: It was
moved by Councilman Coronado and seconded by Councilwoman Arnold to continue
this matter to the meeting of November 9. The motion unanimously carried by
the following ron cal" vote:
AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kane!
NOES: 0 COUNCILMEMBERS: None
ABSEN]: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF RESOLUTION OF THE PLANNING AGENCY OF THE CITY
OF CYPRESS. SELECTING AND DESIGNATING BOUNDARIES FOR THE CIVIC CENTER
REDEVELOPMENT BOUNDARIES FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AMENDMENT
NO. 1: AND APPROVING AND ADOPTING A PRELIMINARY PLAN FORMULATED FOR THE
REDEVELOPMENT OF THE PROPOSED AMENDMENT AREA: Mayor Kanel referred to the
staff reports dated September 21 and September 30 which indicated the City
Counci I had designated a Redevelopment Survey Area for the purpose of studying
the feasibility of adding the tank farm and associated heating facilities into
the City's existing Redevelopment Project area.
Councilman Coronado expressed his concern about the Texaco tank farm and that
there had been insufficient monitoring of the property renovation to a
developable state; however, surface removals have been accomplished as
discussed with Mr. Liddell of Texaco.
After further discussion, the City Manager responded that the meetings with
the Texaco representatives dealt with the procedures to be used in dismantling
the tanks and other aboveground fixtures. All underground removal is subject
to the EIR which is now before the Council and will be subject to the entire
Counci:5 action and underground removal wil I not be allowed unti I the EIR is
approved. The Planning Director advised that County and State agencies are
now involved in the underground removal project, not just Texaco.
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City Council Minutes October 13. 1987
50
After further discussion, the City Attorney responded that the issue of the
soil condition and any related problems are being addressed in the EIR and are
not impacted by the separate decision to select and designate boundaries for
the Civic Center Redevelopment Project Amendment which provides the City and
the Redevelopment Agency with the ability to require many mare types of
beneficial controls on the development and a greater revenue source within the
redevelopment area.
In responding to concerns expressed by Councilman Coronado, Mayor Kanel stated
that there might be some areas of doubt as far as contamination but the tax "*"'.....
increment should be captured because the funds can be utilized for ather
things in the general area. Councilman Mullen advised this was a financial
issue and not an EIR approval, simply a legal action to provide funds for
things that need to be done when the property is developed.
It was moved by Councilman Mullen and seconded by Councilwoman Arnold to adopt
the Resolution by title, title as follows that the Planning Agency of the City
of Cypress, select and designate boundaries far the Civic Center Redevelopment
Project Amendment No. 1 and approve and adopt a preliminary plan formulated
for the redevelopment of the proposed amendment area.
RESOLUTION NO. 3307
A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF CYPRESS, SELECTING
AND DESIGNATING BOUNDARIES FOR THE CIVIC CENfER REDEVELOPMENT PROJECT
AMENDMENT NO.1; AND APPROVING AND ADOPTING A PRELIMINARY PLAN
FORMULATED FOR THE REDEVELOPMENT OF THE PROPOSED AMENDMENT AREA.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
Ms. Gail Kerry. 5196 Edgemont Circle, Cypress, asked what the City would be ,.,
obtaining from the Cypress Redevelopment Agency (CRA), stated the City has
gained very little from the current CRA and requested that this property not
be added to any CRA.
The City Manager responded that the dollars that are generated if this project
were to be developed can be used for more improvements to the total area than
could be accomplished through a normal subdivision process.
Mayor Kanel recessed the meeting at 10:59 p.m. in order for the Council to
convene as the Cypress Redevelopment Agency. The meeting was called back to
order at 11:01 p.m. with all Councilmembers present as before.
COUNCILMAN MULLEN LEFT THE MEETING AT 11:01 P.M.
CONSIDERATION OF COPLEY/COLONY CABLEVISION'S GENERAL MANAGER'S SYSTEMS STAlUS
REPORT: The City Manager advised the Council that Ms. Denise McCafferty,
General Manager of Copley/Colony Cablevision of Cypress, was unable to meet
with Council because of a prior commitment and the presentation will be
continued to the next City Council meeting.
CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CABLE TELEVISION COMMISSION:
Regarding the report from the City Manager"s office dated October 2, 1987,
staff advertised for applicants to fill this five citizen member Commission
which will also include three ex officio members representing the City,
Copley/Colony and the educational community. Applications have been received """'1111<
from Howard Martin, Fred Glass and Janet Spurgeon, who were members of the
CATV Advisory Committee, as well as seven additional applications from
interested Cypress residents. The Counc i I is requested to schedule a date for
conducting interviews of these applicants.
Mayor Kanel polled the Council and it was determined that November 16 at 7:00
p.m. would be an acceptable date for interviews and selection of members for
the Cable Television Commission.
Mayor Kanel then invited Ms. Kerry to step forward and in response to a
question, the City Manager advised that the Redevelopment Agency does allow
the City the flexibility to apply more improvements to an area which would
best serve the community.
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City Council Minutes October 13, 1987 51
After further discussion, the City Manager advised that he would arrange a
meeting between Mr. Liddell of Texaco and Councilmembers Arnold and Coronado
to provide them a status report on the removal process at the tank farm.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22663 -
22886: It was moved by Councilman Davis and seconded by Councilwoman Arnold
to approve the commercial warrant list for warrants no. 22663 - 22886 in the
amount of $625,032.84. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF APPROPRIATION OF FUNDS TO COVER BACKLOG COST OF THE CITATION
MANAGEMENT PROGRAM: The City Manager summarized the staff report dated
September 29, 1987 which advised that Vertical Management Systems (V.M.S.) was
awarded a contract on April 14, 1987, to manage the police department's
Parking Citation Program. As part of the contract, V.M.S. agreed to $.72 per
citation for backlog. Initially, it was thought this would be minimal;
however, the backlog covers a period of time dating back to July 1985. V.M.S.
has now completed the backlog of 6,934 citations and the cost per citation was
lowered to $.70 for a total cost of $4,853.80. and based on a 50S compliance
rate, the City should receive revenues in the amount of $47,151.00.
Councilman Davis stated he would move to approve and asked that this same item
be brought back to Council at a future meeting to determine if the collection
process is being monitored.
It was moved by Councilman Davis and seconded by Councilwoman Arnold to
authorize an appropriation of $4,853.80 of the unreserved fund balance of the
" General Fund to account number 4189-11-170-05.
In answer to questions from the Council, Police Chief Lowenberg responded that
they have identified the problems and the new contract with V.M.S. is being
closely monitored.
Councilman Davis amended his request asking for a report to Council indicating
what steps the Police Department has taken to control the system.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis and K3nel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
ORAL COMMUNICATIONS: Mayor Kanel asked if anyone wished to speak on any items
not on the Agenda. Mr. Bob Nikitin, stated he believed that Measure "D" was
faulty and he would vote "no". He advised that someone had called him on the
phone and informed him that it would affect his property zoning and they would
send him an absentee ballot.
WRITTEN COMMUNICATIONS: There were no written communications.
ADJOURNMENT: Mayor Kanel adjourned the meeting to 7:30 a.m., October 16, 1987
at Bakers Square.
ATTEST:
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