Minutes 88-03-14
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MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
March 14. 1988
The regular meeting of the Cypress City Council was called to order at 5:35
p.m. on Monday. March 14. 1988. in the Cypress City Council Chambers. 5275
Orange Avenue. Cypress. California. Mayor Margaret Arnold presiding.
PRESENT: Councilmembers Davis. Mullen & Arnold
ABSENT: Councilmembers Coronado and Kanel
Also present were City Manager/City Clerk Darrell Essex. City Attorney Jerry
Patterson and staff members Beardsley and Hurst.
ORAL COMMUNICATIONS: There were no oral communications.
CONSIDERATION OF CONTRACT FOR THE REMOVAL OF PALM TREES. REQUEST FOR QUOTATION
NO. 8788-34: The current fiscal year budget includes $14.544 for contract
tree maintenance to supplement the work performed by City tree crews. Because
the bids were well in excess of budget. staff proposed to revise the scope of
work to reduce the number of trees to be removed and re-advertise the project.
It was moved by Councilman Mullen and seconded by Councilman Davis to reject
all bids for removal of palm trees. per Request for Quotation No. 8788-34. and
authorize staff to re-advertise the project based on a reduced scope of work.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Kanel
CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICE: Cypress Car Wash
has offered to renew the car wash service for a one year period at $3.00 per
car; this would be an increase of $.50 (20S) per wash. The price for washing
a large truck or van would also increase $.50 (lIS) to $5.00 per wash. The
current contract with Cypress Car Wash expired on January 31. 1988. Staff was
unable to obtain a letter from the owner of the Cypress Car Wash until after
the contract expired. thus the delay in referring this matter to the City
Council.
It was moved by Councilman Mullen and seconded by Councilman Davis to
authorize the renewal of the car wash service contract with Cypress Car Wash.
9971 Valley View Street. Cypress. California 90630. for the period of February
1. 1988 through January 31, 1989 at the increased rates. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Kanel
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CONSIDERATION OF RENEWAL OF BLOOD ALCOHOL TESTING CONTRACT: The Police
Department utilizes California Forensic Phlebotomy for testing the blood
alcohol levels of arrested drunk drivers. The contract expires on February
29, 1988 and the Police Department requests renewal of the contract.
It was moved by Councilman Mullen and seconded by Councilman Davis to
authorize the renewal of the contract to California Forensic Phlebotomy. 2401
East 17th Street, Suite 179. Santa Ana. CA 92701 at $22.50 a test. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Kanel
CONSIDERATION OF CONSTRUCTION SURVEY CONTRACT FOR COMMUNITY DEVELOPMENT
PROJECT. 12TH YEAR PROGRAM. DANNY AVENUE FROM WALKER STREET TO CYPRESS AVENUE
AND A PORTION OF CYPRESS AVENUE. CITY OF CYPRESS PROJECT NO. 8681-10: Seven
proposals for professional construction survey services for Community
Development Project, Twelfth Year Program, City of Cypress Project No. 8681-
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16~ty Council Minutes March 14. 1988
10. were received and the proposal of RdM Land Surveying in the amount of
$2,000.00. has the lowest fee and will be financed entirely by H/CD funds.
It was moved by Councilman Mullen and seconded by Councilman Davis to: ( 1 )
determine that the preferred proposal for professional services for H/CD
Project No. 8681-10. is from RdM Land Surveying and (2) award a contract for
construction surveying for Community Development Project. Twelfth Year
Program, Danny Avenue from Walker Street to Cypress Avenue and a portion of
Cypress Avenue. City of Cypress Project No. 8681-10. to RdM Land Surveying.
447 E. 17th Street. Costa Mesa. CA 92627. in the amount of $2.000.00. subject f!I".--''lI-t
to approval by H/CD. The motion unanimously carried by the following roll
call vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Kanel
CONSIDERATION OF CONTRACT FOR CONSTRUCTION OF COMMUNITY DEVELOPMENT PROJECT.
12TH YEAR PROGRAM. DANNY AVENUE FROM WALKER STREET TO CYPRESS AVENUE AND A
PORTION OF CYPRESS AVENUE. CITY OF CYPRESS PROJECT NO. 8681-10: Fourteen bids
for the construction of Community Development Project. Twelfth Year Program.
City of Cypress Project No. 8681-10. were received and the bid of Inland
Constructors in the amount of $133.615.59 is the apparent low bid.
It was moved by Councilman Mullen and seconded by Councilman Davis to (1)
appropriate $25.000.00 from the Fund Balance of the General Fund to Account
No. 4186-11-400.21; (2) determine that the lowest responsible bidder for H/CD
Project No. 8681-10, is Inland Constructors; and (3) award a contract for the
construction of Community Development Project, Twelfth Year Program. Danny
Avenue from Walker Street to Cypress Avenue and a portion of Cypress Avenue.
City of Cypress Project No. 8681-10, to Inland Constructors. 900 Oak Glen
Lane. Colton, CA 92324. in the amount of $133.615.59. subject to approval by
H/CD. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Kanel
CONSIPERATION OF RENEWAL OF PURCHASE CONTRACT FOR PUBLIC WORKS UNIFORMS SUPPLY
AND MkINTENANCE: Prudential Overall Supply has offered to renew its contract
with the City for a two (2) year period. at rates five percent (5%) below its
current contract for uniform laundry service. The City solicited formal bids
in 1986 from five (5) uniform companies and Prudential was found to be the
lowest responsible bidder at that time. Staff conducted a phone survey to
confirm that Prudential's request for a renewal is still competitive.
COUNCILMAN KANEL ARRIVED AT 5:44 P.M.
It was moved by Councilman Mullen and seconded by Councilman Davis to
authorize the renewal of a purchase contract to supply and maintain uniforms
and certain maintenance supplies for a two (2) year period ending February 28.
1990. to Prudential Overall Supply, 16901 Aston Street, P.O. Box 11210. Santa
Ana. California 92711, in an amount not to exceed $30,000.00. The motion
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
ABSTAINED: 1 COUNCILMEMBERS: Kanel
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Councilman Kanel abstained as he was not present for the full discussion of
this item.
CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT FOR SENIOR HOUSING
PROJECT STREET IMPROVEMENTS. CITY OF CYPRESS PROJECT NO. 8663-90: A proposal
~ for professional construction survey services for the alley improvements
connecting National Church Residences" Senior Housing Project to Grindlay
Street was submitted by Norris-Repke, Inc. of Tustin, California. These
services were not selected by competitive bidding since staff considered
Norris-Repke. Inc. to be the preferred engineer for this project.
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City Council Minutes March 14. 1988 165
It was moved by Councilman Mullen and seconded by Councilman Davis to award a
contract for construction surveying for Senior Housing Project Street
Improvements. City of Cypress Project No. 8663-90. to Norris-Repke. Inc.. 507
E. First St.. Suite A. Tustin. CA 92680, in the amount of $1.850.00. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILHEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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CONSIDERATION OF CONTRACT FOR CONSTRUCTION OF SENIOR HOUSING PROJECT STREET
'-4 IMPROVEMENTS. CITY OF CYPRESS PROJECT NO. 8663-90: Thirteen bids for the
construction of street improvements concerning National Church Residences "
Senior Housing Project to Grindlay Street. City of Cypress Project No. 8663-90
were received and the bid of Inland Constructors in the amount of $63.714.50
is the apparent low bid.
It was moved by Councilman Davis and seconded by Councilman Mullen to: (1)
determine that the lowest responsible bidder for Senior Housing Project Street
Improvements. City of Cypress Project Street Improvements. City of Cypress
Project No. 8663-90. is Inland Constructors. and (2) award a contract.
consistent with H/CD regulations, for the construction of Senior Housing
Project Street Improvements. City of Cypress Project No. 8663-90. to Inland
Constructors. 900 Oak Glen Lane. Colton. CA 92324. in the amount of
$63.714.50. subject to approval by H/CD. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF RENEWAL OF ANNUAL TRAFFIC PAINT SUPPLIES CONTRACT: Bauer
Coatings has offered to renew the purchase contract for an additional one year
period and requested a price increase to reflect a rise in raw material costs.
Bauer Coatings has provided a highly satisfactory product and excellent
service for two years and staff recommended renewal of the purchase contract
for an additional one year period ending March 15. 1989.
It was moved by Councilman Mullen and seconded by Councilman Kanel to
authorize renewal of a traffic paint supplies purchase contract. for a one
year period ending March 15, 1989. with Bauer Coatings Division. Whittaker
Corp.. 1021 North Mission Road. Los Angeles. CA 90033. for a contract price
not to exceed $17.000.00. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF RENEWAL OF CONTRACT FOR MAINTENANCE OF LANDSCAPING AND
IRRIGATION SYSTEM ON BERM ALONG 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: At the request of the
Public Works Director"s office. Environmental Care. Inc. has submitted a
letter offering a three month contract renewal. The new price per month would
,be $1.375. or $4,125 for the three month contract period. which includes a 5S
increase. The three month renewal period is requested so the contract period
can be coordinated with the City"s fiscal year and. thus. be more easily
handled in the annual assessment district proceedings.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the contract renewal for the maintenance of the landscaped berm in Cypress
Corporate Center Landscape Maintenance District 1. Project No. 8615-90. to
Environmental Care, Inc., 1960 South Yale Street. Santa Ana. California 92704.
in the amount of $4.125.00 for a three month period ending June 30. 1988. The
motion unanimously cdrried by the following roll call vote:
AYES: 4 COUNCILHEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEHBERS: Coronado
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1 ~ifY Counc i1 Mi nutes March 14. 1988
CONSIDERATION OF CONTRACT TO REPLACE HAND RAILS AT THE CITY COUNCIL CHAMBER:
Requests for bids to refinish the hand rails on the north. east. and west
sides of the building and replace the hand rails on the south side were mailed
to eight companies and the Chamber of Commerce.
It was moved by Councilman Mullen and seconded by Councilman Davis to (1)
determine that Calico Electrical & Maintenance Contractors. 1362 East Edinger,
Unit C. Santa Ana. California 92705. is the lowest responsible bidder for
Request for Quotation No. 8788-33. and (2) award a contract to Calico
Electrical and Maintenance Contractors for replacement of the hand rails on ~.
the south side. and refinishing the hand rails on the east. west and north
sides of the City Council Chamber, as per specifications in Request for
Quotation No. 8788-33, in the amount of $6.960.00. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF SENIOR CITIZENS NUTRITION TRANSPORTATION CONTRACT: The
Orange County Consolidated Transportation Services Agency (OCCTSA) currently
provides transportation to Cypress citizens to the Cypress Nutrition Program
five days per week. Due to budget cutbacks. the OCCTSA is requesting that
each City pay 18% of the actual transportation costs for that City. The
Cypress transportation share cost is $4.592.00 for the 1988-89 Fiscal Year.
It was moved by Councilman Mullen and seconded by Councilman Kanel that the
City Council. acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, approve the transportation contract with
the Orange County Consolidated Transportation Service Agency for the Fiscal
Year 1988-89, at a cost of $4.592.00 payable to OCCTSA for the performance of
this contract. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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 Kanel to approve
the Consent Calendar Items #13 through #27. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Item #13: Motion to Approve City Council Minutes of the Regular Meeting of
February 22, 1988 and the Adjourned Regular Meeting of February 23, 1988.
Recommendation: That the City Council approve the Minutes of February 22.
1988 and February 23. 1988 as submitted. with Councilman Kanel abstaining on
the February 23. 1988 Minutes due to his absence at the meeting.
Item #14: Motion to Introduce and/or Adopt All Ordinances Presented for -
Consideration by Title Only and to Waive Further Reading.
Item ##15: Consideration of Change Order No. 4 for City-Wide Street
Resurfacing Projects #8672-10-1183 and #8754-90.
,. Recommendation: Receive and file.
I Item ##16: Consideration of Attendance to the 1988 Western Region Conference
I of the International Personnel Management Association.
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Recommendation: That the City Council authorize the attendance of Nancy
leonard, Assistant to the City Manager/Employee Relations, to the 1988 Western
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City Council Minutes March 14. 1988 167
Region Conference of the International Personnel Management Association to be
held on May 17-20. 1988. in Salt Lake City. Utah and be reimbursed for all
actual and necessary expenses incurred.
Item #17: Consideration of Claim Filed by Pacific Bell
.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City"s Claims Administrator. Carl Warren & Co.. for
appropriate disposition.
Item #18: Consideration of Proclaiming April 1988. as "Earthquake
Preparedness Month."
Recommendation: That the Mayor and City Council officially proclaim the month
of April 1988, as "Earthquake Preparedness Month" in the City of Cypress.
Item #19: Consideration of Proclaiming April 1988. as "Fair Housing Month."
Recommendation: That the Mayor and City Council officially proclaim April
1988. as "Fair Housing Month" in the City of Cypress as requested.
Item ##20: Consideration of Proclaiming April 1988. as "American Host Month."
Recommendation: That the Mayor and City Council officially proclaim the month
of April 1988, as "American Host Month" in the City of Cypress.
Item ##21: Consideration of Proclaiming April 2-9. 1988. as "Community
Development Week."
Recommendation: That the Mayor and City Council officially proclaim April 2-
9, 1988. as "Community Development Week" in the City of Cypress as requested.
Item ##22: Consideration of Proclaiming April 4-10. 1988. as "The Week of the
Disabled."
Recommendation: That the Mayor and City Council officially proclaim April 4-
10. 1988. as "The Week of the Disabled" in the City of Cypress.
Item ##23: Consideration of Proclaiming April 8-24. 1988. as "Cancer Awareness
Week."
Recommendation: That the Mayor and City Council officially proclaim the week
of April 18-24. 1988. as "Cancer Awareness Week" in the City of Cypress.
Item ##24: Consideration of Monthly Investment Program for the Month of
January 1988.
Recommendation: Receive and file.
Item ##25: Consideration of Acceptance of Final Parcel Map No. 87-359 (4900
Ba II Road).
Recommendation: That the City Council approve Final Parcel Map No. 87-359 and
accept the bond for public improvements in the amount of $13.100.00. which is
not less than 50S nor more than 100S of the total improvements and authorize
the City Clerk to sign the record map.
Item ##26: Consideration of Purchase of Desk Chair.
Recommendation: That the City Council: 1) Authorize the transfer of $270.00
from Account Number 4871-90-656-35 to Account Number 4744-90-653-38; and 2)
Authorize the purchase of one (1) Charvoz Chair. Model No. GI060-800-07. Mocha
Color. with wheels for carpet. from McMahan Desk Company. 1960 S. Anaheim
Blvd.. Anaheim, CA 92805. in the amount of $269.66.
Recreation & Park District Matters:
Item ##27: Consideration of Attendance to the League of California Cities'
1988 Community Services Conference.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation & Park District. authorize the
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City Council Minutes March 14. 1988
168
attendance of Marvin DeCarlo. Di~ector of Recreation & Park. to the League of
California Cities' 1988 Community Services Conference to be held on April 20-
22. 1988. in San Diego and be reimbursed for all actual and necessary expenses
incurred.
ORDINANCES: (Second Reading)
It was moved by Councilman Mullen and seconded by Councilman Kanel to order
the Ordinance on bus shelters read by title only. title as follows and to
adopt the Ordinance. After discussion. Councilman Kanel withdrew his second
and Councilman Mullen withdrew his motion. ~.~
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue
this item until a full Council is present. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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. 793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
2 OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION OF SECTIONS 2-6.1 -
2-6.5 PERTAINING TO THE TIME PERIOD TO FILE FOR JUDICIAL REVIEW.
LIMITATION OF ISSUES RAISED. AND FOR OTHER PURPOSES.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
EXECUTIVE SESSION: At 6:01 p.m.. Mayor Arnold called an Executive Session for
personnel and litigation matters.
COUNCILMAN CORONADO ARRIVED AT 7:24 P.M.
The meeting was called back to order at 7:34 p.m. All Councilmembers present
as before, including Councilman Coronado and staff members Beardsley. DeCarlo.
Eynon. Hurst. Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: Councilman Mullen led the pledge.
The City Attorney recapped those items heard in Executive Session on pending
litigation involving Hollywood Park vs. City of Cypress. and property
acquisition involving the Cypress School District.
PRESENTATIONS: Mr. Ned Fox. Chamber of Commerce. introduced and Mayor Arnold
presented a plaque to Kimberly Burtch. Miss Teen Cypress 1987. who expressed
her appreciation for the honor and privilege.
The City Manager advised that the presentation to the Cypress Police
Department"s D.A.R.E. Program by the Buena Park/Cypress/La Palma Board of
Realtors has been rescheduled for March 28 at their request.
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The City Manager reviewed the actions taken by the City Council during the
5:30 session.
ORAL COMMUNICATIONS: No Oral Communications were presented.
CONTINUATION OF CONSIDERATION OF CYPRESS CHAMBER OF COMMERCE"S CONTRACT:
I. Mayor Arnold stated that because of some concern of citizens and
Councilmembers as to whether or not the Chamber of Commerce should express a
view supporting or opposing a ballot issue as long as they were receiving
funds for services from the City of Cypress. this item was continued to the
I meeting of March 14. 1988. to allow for additional testimony by interested
parties.
Councilman Kanel stated that he had attempted to mediate between both groups,
arrive at a conclusion that would be fair to everyone and avoid a division of
, the citizens.
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Clt, CouncIl Minutes March 14'/g~
Mr. Phil Wendel. 2847 Knoxville Avenue. Long Beach. representing the Chamber of
Commerce. stated the current contract with the City never restricted the Chamber from
taking any position regarding a public issue and is here to focus on the single
question of was the Chamber within its rights to take a stand regarding Measure D.
WhlCh appeared in the local paper. He further advised that the Chamber had every
right to take a stand on a public issue and will continue to maintain the position of
freedom of speech.
Mr. James E. Sutherland. 9802 Bloomfield. Cypress. reported that everything that the
Chamber of Commerce does is substantially financed by taxpayers money and if there
were no money from the City Councl1 coffers from the taxpayers to the Chamber of
Commerce. there would be no issue here now. He would propose that the Chamber be
prohlbited in participating in initiat1ves or referendums just as they are now
prohibited in participating in City Council electlons and sees no reason under that
prohibition why they could not take opinlon polls of their members or make factual
studies. We are addressing what the Council lS doing with taxpayer money. no
retribution is sought. and are not asking that the Council exercise its 60 day
cancellation provision.
Mr. Wendel advised that Hollywood Park never asked the Chamber to become involved over
Measure D; the Chamber decided to take a posltlon. The agencies they have talked with
all suggest very clearly that the Chamber did nothing wrong and were well within their
rlghts to endorse Measure D.
The following citizens did not support the Chamber"s involvement in political
activity. the service contract should be restricted and if not done then all funds
should cease.
Ms. Mara Figer. 4189 Via Verde. Cypress,
Mr. Bob Rizzie. 6268 Dalca Court. Cypress,
Mr. Jack Swank, 9849 Via Sonoma. Cypress.
Mr, Jack Kates. 6505 Jaluit. Cypress. objected to having his tax dollars support the
Chamber of Commerce particularly when they advocate a vote against his best interests.
Mr. Ric~drd Morris, 5406 Lincoln Avenue. Cypress, reminded Council of past
conversations with regard to the City Council limiting the Chamber of Commerce in the
free expression of their opinions or controlling the Chamber.
Councilman Kanel stated there are two groups pulling against each other; it is
unfortunate that we have arrived at this stalemate. and he hoped it can be resolved by
arriving at some fair conclusion.
Responding to Councilman Mullen. the City Attorney answered that 1) the City cannot
restritt political activity of an organization or a group of individuals. 2) the City
certainly should restrict the use of City funds for political activities and the issue
is the restriction of City funds for political activity.
Councilman Kanel suggested that further legal restrictions might be possible through
contract provisions. It was suggested that by mutual agreement through a contract.
the Chamber could give up certain rights which could apply in this instance.
Councilman Mullen suggested that further debate discussion with the City Attorney
regarding these issues was not appropriate and called for a point of order.
Mayor Arnold ruled that Councilman Kanel was out of order. suggesting that the City
Attorney had indicated the Chamber was following general accounting procedures
pursuant to their legal requirements.
Councilman Kanel requested a vote on the ruling of the Chair that he was out of order.
Councilman Mullen moved that Councilman Kanel was out of order. which was seconded by
Mayor Arnold.
The City Attorney indicated that a Yes (Green) vote would sustain the ruling of the
Chair and a No (Red) vote would overrule the opinion of the Mayor.
After a brief discussion. the opinion of the Chair was overruled with three (3) No
votes by Councilmembers Coronado, Davis and Kanel and two (2) Aye votes by Mayor
Arnold and Councilman Mullen.
Pursuant to the vote. the Mayor asked Councilman Kanel to continue.
Councilman Kanel stated that the issue he wished the City Attorney to pursue was
whether or not the Chamber of Commerce could give up certain rlghts through a contract
agreement.
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CitJ Council Minutes March 14. 1988
/'1() Councilman Mullen suggested the Chamber does have a right to make decisions and inform
its membership. They did not campaign; there was only a letter to the editor
informing the citizens of Cypress of,their position and does support that under no
circumstances should any public money be used for political purposes and doesn't
believe the Chamber is guilty of that.
After further discussion. Councilman Kanel moved and Councilman Davis seconded the
motion that a Committee be formed with representatives from the Chamber. the City
Council. the City Attorney. the City Manager. perhaps some others to sit down and see
if some conclusion can be reached in this matter. reporting back to the Council
sometime in May. r-~,
Councilman Mullen made a substitute motion that the Chamber contract be amended with a
clause to the effect that the Chamber agrees not to spend any City funds to either
support or oppose any municipal initiative or referendum measure. The motion was
seconded by Councilman Davis.
Councilman Mullen explained his motion. and if the main motion passes. the issue will
go deeper and deeper into controversy. He further stated there is animosity that this
matter has created and this issue has to be put behind us.
Councilman Davis advised that he will be proposing a restructuring of the Chamber of
Commerce contract when it comes up for renewal in June.
The substitute motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis. Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Kanel
ABSENT: 0 COUNClLMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
Councilman Kanel then asked Councilman Davis if he realized that the main motion was
not to be voted on by the substitute motion passage. Councilman Davis indicated he
thought a vote would also be taken on the main motion. The City Attorney suggested
that in order to clarify this matter, a motion to reconsider the vote taken on the
substitute motion would be in order.
It was moved by Councilman Davis and seconded by Councilman Kanel to reconsider the
substitute motion. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Coronado
Councilman Kanel argued against the substitute motion on the basis that if the
substitute motion is not defeated, it would tie the hands of the committee that we are
attempting to put together under the main motion. Councilman Mullen explained that if
we have the committee. he has no desire to restrict that committee and withdrew his
motion. Councilman Davis concurred and withdrew his second.
The City Attorney explained that the motion would allow a committee consisting of two
members of the City Council and other representatives.
Councilman Kanel asked and Mayor Arnold and Councilman Davis agreed to serve on the
committee.
The main motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel. Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
Councilman Coronado advised that he considered it wrong for any Councilmember who sits
in a voting decision to award money to any organization and then be involved with that
organization socially. He further advised that as a taxpayer he cannot allow the
Chamber to be involved in any political activities and the matter should never have
gotten to the issue that it has become. He voted against the motion because he felt
that Mayor Arnold and Councilman Davis should not be a part of the committee.
RECESS: The Mayor called a recess at 9:16 p.m. The meeting was called back to order
at 9:29 p.m. wi~~all Councilmembers present as before.
CONSIDERATION OF !!~BLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 88-1 AND ZONE
CHANGE/PRE-ZONE NO. 88-1. AREA NORTH OF THE CYPRESS CITY BOUNDARIES AND SOUTH OF THE
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CU,y Counc 11. Mi nutes March 14./~'"
LA PALMA CITY BOUNDARIES: Mayor Arnold declared the hearing open. The Planning
Director summarized the staff report dated March 8. 1988. which indicated the City
Council had adopted a resolution to begin the annexation process for the
unincorporated area north of the Cypress City boundaries and south of the Southern
Pacific railroad tracks. She emphasized that this was not a hearing on whether or not
the properties north of Lincoln Avenue in the county unincorporated area should be
annexed into the City of Cypress. At this time. staff is bringing before the City
Council a request to pre-zone the proposed annexation area. Many parcels of land in
the proposed annexation area have farm animals which would not normally be permitted
in the zones proposed for the area. but staff feels that animals can be allowed
through grandfathering regulations. This will allow people to maintain their current
animals on the site; however. not increase the number of animals. Notices of this
public hearing have been posted. published and mailed to all property owners within
the affected area and within a 300-foot radius of the subject parcel. Staff
recommended that City Council conduct the following actions: 1) Genera 1 Plan
Amendment No. 88-1: adopt a Resolution amending the Land Use Element of the Cypress
General Plan as proposed in Exhibit "A". 2) Zone change No. 88-1: approve the first
reading of a Zone Change/Pre-zone as proposed in Exhibit "A." The Planning Director
then called upon the Project Planner who briefly described the type of comments and
requests that have been received from the residents of Cypress as well as the
unincorporated area.
Responding to Councilman Kanel. the City Manager answered that the City Clerk"s office
has received many calls on the issue of annexation. have advised the callers of the
schedule of the annexation and that they will be renotified. He further advised that
as a part of the procedure. we are required to explain and detail the pre-zoning of
the area.
Councilman Kanel announced that if the annexation becomes final. the residents may
make zone change requests later on as long as there is compatibility.
Mayor Arnold called for comments from the residents in the area.
The following residents expressed a desire not to change the zoning. had questions
about the proposed rezoning and had not received any detailed information:
Mr. Vic Koenig. 5512 Cathy Circle. Cypress. owns property at 8551 Belmont Street
Mr. John McCormick. 9130 Esther Street. Cypress.
Mr. Wayne Law. 8412 Gay Street. Cypress.
Mr. Raymond Hamilton. 4861 Camp Street. Cypress.
After further discussion, it was suggested by members of the Council that an
informational packet be compiled for the residents so that they have all the
information that might be needed to make an intelligent decision.
Ms. Gail Kerry. 5196 Edgemont Circle. Cypress. read a letter from Dorothy Daw. 12527
Chadwell Street. Lakewood. Ms. Kerry requested that the issue be postponed for a
thorough evaluation and the proposal that ultimately is put before the City Council
takes into consideration all of the citizens concerns.
Mr. and Mrs. Tanaka. representing her parents who live at 4541 Crescent Avenue.
Cypress. spoke in favor of a high density zoning now. they shouldn"t have to pay a fee
for rezoning. and suggested a continuance until all the information had been
evaluated.
Councilman Davis stated that he would support a continuance of this matter and
encouraged the speakers to provide input.
Councilman Mullen agreed to support a continuance. stated he had no commitment
whatsoever on the annexation and will adhere to the citizens" decision.
Mr. Hal Duensing, 8233 Carob Street. Cypress. requested that the negative declaration
be expanded. the traffic section is inadequate and he does not believe that all the
City services have been adequately addressed. He further commented that this is not
just a pre-zoning hearing. it is also a General Plan hearing. He suggested since this
will be a continued hearing. expand the negative declaration to consider his comments
regarding the additional traffic and circulation.
The following residents objected to the General Plan Amendment eliminating Al zoning.
had many unanswered questions. wanted a continuance of the hearing and a separate
meeting on this matter:
Ms. Laura Vear. 8401 Denni. Cypress, I
Ms. Judy Daniels. 8542 Acacia Drive. Cypress.
Mr. Dale Mayfield. 4581 Crescent Avenue. Cypress.
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Cit~ Council Minutes March 14. 1988
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Mr. John Marcroft. 8291 Gay Street. Cypress.
Don and Marlene Peterson. 8212 Gay Street. Cypress.
Ms. ,Judy Aarons. 8652 Belmont. Cypress.
Responding to Mayor Arnold. the City Manager clarified that the issue was created
because a petition requesting annexation of the area had been submitted to the City.
There are two more opportunities for public hearings to testify in reference to the
annexation: the LAFCO meeting and the public hearing before the Council. He further
advised that the City will help the residents in whichever avenue they wish to pursue.
Mr. Jess Black. 5422 DeLong Street. Cypress. owns property on Crescent Street.
suggested clarifying the fact that the existing businesses would be grandfathered.
Dr. Gary Beck. 8322 Gay Street. Cypress. stated many of his questions were answered
tonight. However. if the proposed zoning was acted upon this evening. then it went to
annexation. that zoning would stand as it is tonight. He also supported a continuance
of this matter and would like to see some of the items brought before Council in
writing. He also posed the question as to what are the advantages of becoming part of
Cypress.
The following residents spoke against rezoning. a continuance of the matter and a
special meeting held just on annexation.
Ms. Michelle Thomas. 8242 Fontainbleau. Cypress.
Mr. Frank Correa. 4906 Bishop, Cypress.
Mr. Larry Person. 5221 New York. Cypress.
The Planning Director explained that the non-conforming section of the code reads that
if you have an animal at the time of annexation. then as long as there isn"t a six
month gap without an animal. then you can continue to have one.
Mr. Lloyd Dees. 8811 Lynette. Cypress. asked for a clarification on the original
mailing which showed that the rezoning and annexation are the same. He doubted that
251 of the people were informed of what is occurring.
The City Attorney explained the pre-zoning action. which is to let property owners
know what type of land use will exist upon annexation.
The Planning Director asked that those residents with questions to contact the
Planning Department so they may address them on an individual basis.
Mr. Floyd Osborn. 8472 Denni Street. Cypress. commended the City of Cypress for the
effort they put forth on the proposed annexation and rezoning; however. he felt it
should be reconsidered and expressed his support of the annexation.
Responding to Gail Kerry. the Planning Director advised that there were two points at
which the annexation process could be stopped: at the LAFCO hearing and at the City
of Cypress public hearing. which is tentatively scheduled for June 13 but the matter
cannot be rescinded.
The City Attorney explained that a survey of the area could only ask if you wanted to
be annexed or not. but it does not meet the legal requirements which are that the
Council hold the public hearing and make the determination. Based on all the
testimony. it would seem to be appropriate to continue the hearing and gather further
information at the next hearing and then make a determination on the pre-zoning.
The City Manager suggested conducting a meeting where the staff was present to answer
all the questions of the residents regarding the annexation.
COUNCILMAN CORONADO LEFT THE MEETING AT 11:35 P.M. ,
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue this
matter to April 25 during which time staff will schedule a meeting at their discretion
to disseminate information on the issue. All of the interested parties and affected
property owners within the annexation area would be notified. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
I Due to the lateness of the hour. and with the consent of the City Council. Mayor
Arnold continued the following Agenda items to Tuesday. March 15. 1988 at 7:00 p.m.
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Cfty Council Minutes March 14. 1988 173
Second Reading of Ordinance of the City Council of the City of Cypress
Adding and Amending Section 8.A. Amending Section 15.1.C and Adding
Section 15.3.F to Ordinance No. 640. the Zoning Ordinance of the City of
Cypress. Known as Amendment to the Zoning Ordinance No. 87-6
Continuation of Consideration of Public Hearing Re: Conditional Use
Permit No. 87-35, Automotive Center. 5051 Lincoln Avenue.
Continuation of Consideration of Public Hearing Re: Condit i ona 1 Use
Permit No. 88-1. Specialty Market with Offsite Sales of General Liquor.
5735 Lincoln Avenue.
Consideration of Public Hearing Re: Public Nuisance Condition Located
at 11444 Tortuga. Assessor"s Parcel Number 224-152-18, in the City of
Cypress.
Consideration of Public Hearing Re: Conditional Use Permit No. 88-4.
Onsite Sale of Beer and Wine. Sun Rise Japanese Restaurant. 6151 Ball
Road.
Continuation of Consideration of Neon Illumination for Signs and
Building Elevations in the City of Cypress.
Continuation of Consideration of City Attorney"s Report on Public
Hearing Procedures and Information.
Continuation of Consideration of a Resolution Certifying the Addendum to
the Final Environmental Impact Report as the Environmental Documentation
for the Amended Redevelopment Plan and Authorize Transmittal to Various
Entities.
Consideration of Design Review Committee No. 88-2 - Expansion of
Scotty"s Center. 6401-25 Ball Road.
Consideration of Design Review Committee No. 88-3 - Storage Room
Addition for the Gourmet Pie & Pastry Company Shop. Cypress Center West,
4139 Ball Road.
Consideration of Status Report on Soil Reclamation at the City Yard Fuel
Dispensing Facility. City of Cypress Project No. 8426-90.
Consideration of Scheduling a Joint Meeting With the Cypress Elementary
School District"s Board of Trustees.
Consideration of Ordinance Incorporating Recent Amendments to the Brown
Act.
Consideration of Justification Supporting Retired Seniors Volunteer
Program (R.S.V.P.) Consideration of Adoption of a Resolution
Establishing Salaries and Working Conditions for City Employees
Represented by the Cypress Public Works Maintenance Supervisors
Association.
Consideration of Approval of Commercial Warrant List for Warrants No.
25176 - 25376.
Consideration of a Joint City 4th of July Fireworks Show.
Cypress Redevelopment Agency Matters.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 11:45 p.m.
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