Minutes 88-05-09
221
. HINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
Hay 9, 1988
The regular meeting of the Cypress City Council was called to order at 5:30
p.m. on Monday, May 9. 1988, in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, by City Manager/City Clerk Darrell Essex.
PRESENT: None
ABSENT: Councilmembers Coronado, Davis, Kanel, Mullen and Arnold
RECESS: The meeting was recessed at 5:31 p.m. until a quorum was present and
reconvened at 6:35 p.m. with Mayor Pro Tem William Davis presiding.
PRESENT: Councilmembers Coronado, Davis and Kanel
ABSENT: Councilmembers Mullen and Arnold
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and Assistant City Manager David Barrett.
ORAL COMMUNICATIONS: Mayor Pro Tem Davis asked if anyone wished to speak.
Councilman Kanel expressed a desire to clarify the order of items on the
Agenda. He suggested that Written and Oral Communications For Matters Not on
the Agenda be moved to the beginning of the Agenda so people can discuss them
with the Council earlier. Mayor Pro Tem Davis suggested this matter be
discussed before a full Council. Councilman Kanel indicated that several
citizens have asked him if the Oral Communications could be heard earlier in
the evening and requested that this matter be placed on the next Agenda for
Council discussion.
CONSIDERATION OF AWARD OF CONTRACT FOR THE REFINISHING OF WOOD PLAY EQUIPMENT
AT SEVEN (7) CITY PARK LOCATIONS. REQUEST FOR QUOTATION NO. 8788-43: The City
Manager recapped the staff report dated May 2, 1988 which indicated bids were
received from four vendors to sand, refinish and stain play equipment at
various park locations and the second bidder is now the low bidder because All
Coast determined they would be unable to finish the job in accordance with the
specifications.
It was moved by Councilman Kanel and seconded by Councilman Coronado that the
City Council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, accept the bid received from A. J.
Construction, 11912 Timmy Lane, Garden Grove, CA 92654 as the lowest
responsible bidder and award the contract of refinishing wood play equipment
at various parks in the amount of $5,510.00. The motion unanimously carried
by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado, Kanel and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Arnold and Mullen
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 Kanel and seconded by Councilman Coronado to
approve the Consent Calendar Items #2 through #10. The motion unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado, Kanel and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Arnold and Mullen
Item #2: Motion to Approve City Council Minutes of April 19, 1988 and April
25, 1988.
Recommendation: That the City Council approve the Minutes of the Adjourned
Regular Meeting of April 19, 1988 and the regular Meeting of April 25, 1988,
as submitted.
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222 City Council Minutes Hay 9, 1988
Item #13: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Titl~ Only and to Waive Further Reading.
Item #14: Consideration of Proclaiming Hay 15-21, 1988, as "Public Works
Week."
Recommendation: That the Mayor and City Council officially proclaim the week
of May 15-21, 1988, as "Public Works Week" in the City of Cypress. fI'.~.~.,.
Item #15: Consideration of Renewal of Towing Service Contract.
Recommendation: That the City Council approve the renewal of the contract for
auto towing service with Cypress Auto Tow for a one-year period, ending June
30, 1989, under the same conditions and rates as in the existing contract.
Item #16: Consideration of Change Order No. 1 to Community Development
Project. 12th Year Program, Danny Avenue Improvements, City of Cypress Project
No. 8681-10.
Recommendation: Receive and file.
Item #17: Consideration of Contract Change Orders for Berm Landscaping
Maintenance on North Side of Stanton Channel, City of Cypress Project No.
8615-90.
Recommendation: That the City Council approve Contract Change Orders No.4
and 5, in the respective amount of $1,101.20 and $1,175.00; and authorize the
Mayor to execute the Change Order forms for payments to Environmental Care,
Inc.
Item #18: Consideration of Approval of City Engineer's Report for Cypress
Corporate Center Landscape Maintenance District No.1 and Declaration of
Intention to Order the Modification of Said Maintenance District No. 1 for *' -~
Fiscal Year 1988-89, City of Cypress Project No. 8615-90.
Recommendation: That the City Council: 1) Adopt the Resolution by title only,
title as follows, approving the City Engineer's Report, dated May 1, 1988, for
Cypress Corporate Center Landscape Maintenance District No.1; and 2) Adopt
the Resolution by title only, title as follows, declaring Council's intention
to order the modification of Cypress Corporate Center Landscape Maintenance
District No.1 for Fiscal Year 1988-89, subsequent to a public hearing on June
13, 1988, pursuant to the Landscaping and Lighting Act of 1972.
RESOLUTION NO. 3394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING THE CITY ENGINEER'S REPORT, DATED MAY 1, 1988, FOR CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR
1988/89.
RESOLUTION NO. 3395
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER THE MODIFICATION OF CYPRESS CORPORATE
CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1988-89,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME
AND PLACE FOR HEARING OBJECTIONS THERETO.
t"',.o;;,_
Recreation and Park Matters:
Item #19: Consideration of Orange County Redevelopment Project and Resolution.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
Resolution by title only, title as follows, electing Tax Increment Pass
Through as provided by Safety Code Section 33670.
RESOLUTION NO. 160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A
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City Council Hinutes May 9, 19~2 3
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ELECTING TAX INCREHENT PASS
THROUGH PURSUANT TO HEALTH AND SAFETY CODE SECTION 33670 RELATING TO THE
ORANGE COUNTY NEIGHBORHOOD DEVELOPHENT AND PRESERVATION PROJECT.
Item 1#10: Consideration of Contract Change Order for 5K/10K Run T-Shirts,
Quotation Number 8788-41.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve a
contract change order for the 5K/10K Run T-Shirts, Quotation 1#8788-41, in the
amount of $500.00, and amend the total contract price to $5.271.86 for the
reasons outlined in the report.
ORDINANCES: (Second Reading)
It was moved by Councilman Kanel and seconded by Councilman Coronado to order
the following Ordinance read by title only, title as follows and to adopt the
Ordinance pertaining to a portion of the Forest Lawn property.
ORDINANCE NO. 797
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING ORDINANCE NO. 640, BY PLACING A CERTAIN PARCEL OF LAND
IN THE PS PUBLIC SEMI-PUBLIC ZONE, KNOWN AS ZONE CHANGE NO. 88-4.
The motion unanimously carried by the fOllowing roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado. Kanel and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Arnold and Mullen
EXECUTIVE SESSION: At 6:50 p.m., Mayor Pro Tern Davis adjourned the meeting to
an Executive Session to discuss matters of litigation. The meeting reconvened
at 7:30 p.m. with all Councilmembers present as before and staff members
Beardsley, DeCarlo, Hurst, Leonard and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Coronado.
ORAL COMMUNICATIONS: There were no Oral Communications presented.
The City Attorney summarized those items discussed in the Executive Session,
which included the litigation matter of McKinley vs. the City of Cypress.
The City Manager summarized the Council actions taken on the 5:30 portion of
the Agenda.
CONSIDERATION OF PUBLIC HEARING RE: SORRENTO SPECIFIC PLAN NO. 88-2. GENERAL
PLAN AMENDMENT NO. 88-3. AND ZONE CHANGE NO. 88-3 - RESIDENTIAL PLANNED
COMMUNITY AT THE TEXACO TANK FARM SITE: Mayor Pro Tem Davis declared the
public hearing open on the Sorrento Specific Plan, General Plan Amendment and
Zone Change with a request from Staff to continue the item to the May 23, 1988
Council meeting.
Responding to Councilman Kanel, the City Manager answered that the applicant
decided they didn't have advance opportunity to discuss the project as
originally submitted because of some last minute issues that were not
discussed with staff and they desired to resubmit the identical project and
the staff report will be based on that density.
Councilman Kanel requested that the Cypress School District requests be
addressed in the staff report. The City Manager stated that the City has
letters from both the applicant and the School Board and the matter will be
addressed in the staff report.
Mayor Pro Tem Davis said he will be meeting with the Planning Department
regarding the various changes in the plan and will ask that the changes be
clarified in the staff presentation to the City Council.
Councilman Coronado commented that he had advised the applicant to reconcile
the people's objections and the needs of the City and it appears that nothing
has changed.
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224 City Council Hinutes May 9, 1988
The City Manager stated that the staff report will be provided to the Council
at the end of the week giving them sufficient time for review prior to the
heari ng. '
After further discussion, the City Attorney advised that rather than
discussing the merits of this matter now, it should be continued to the next
meeting.
It was moved by Councilman Kanel and seconded by Councilman Coronado to
continue this matter to the Hay 23, 1988 Council meeting. The motion
unanimously carried by the following roll call vote: .."",
AYES: 3 COUNCILMEMBERS: Coronado, Kanel and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEHBERS: Arnold and Mullen
CONSIDERATION OF AGREEHENT WITH THE COUNTY OF ORANGE TO WIDEN JUANITA STREET
AT THE CARBON CREEK CHANNEL. CITY OF CYPRESS PROJECT NO. 8850-20: The Public
Works Director summarized the staff report dated April 29, 1988, which
indicated that design studies by the County have confirmed that the bridge
must be rebuilt to effectively handle runoff and has inquired whether the City
would be willing to fund the increased expense to widen the roadway on each
side of the bridge.
It was moved by Councilman Kanel and seconded by Councilman Coronado to (1)
approve an agreement with the Orange County Flood Control District to provide
for the widening of Juanita Street to 58 feet, in conjunction with the
reconstruction of the Carbon Creek Channel and (2) authorize the Mayor to
execute the agreement and the City Clerk to attest. The motion unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado, Kanel and Davis
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Arnold and Mullen
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 26220 - --
26422: It was moved by Councilman Kanel and seconded by Councilman Coronado
to approve the Warrant List for Warrant Nos. 26220 through 26422 in the amount
of $667,186.89. The motion unanimously carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: Coronado, Kanel and Davis
NOES: 0 COUNCILMEMBERS: None -
ABSENT: 2 COUNCILMEMBERS: Arnold and Mullen
ORAL COMMUNICATIONS: There were no Oral Communications presented.
WRITTEN COMMUNICATIONS: Mayor Pro Tern Davis asked for any Written
Communications. Councilman Kanel commented that he has had requests from the
Cultural Arts Theatre Group for additional signage on some of the City's major
thorou9hfares because patrons have a difficult time locati~ng the Cultural Arts
Center.
He also requested that the intersection at Orange and Graham be reviewed by
the Traffic Commission
Mayor Pro Tern Davis suggested that these items be referred to the Traffic
Engineer and the Traffic Commission and there being no objection, he so
ordered.
;Il>''''-''~"
ADJOURNMENT: Mayor Pro Tern Davis adjourned the meeting at 8:06 p.m. to
Saturday, Hay 14, 1988, 9:00 a.m. at 4743 Ball, Road: cypreSD '
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MAYOR PRO TEM OF THE CITY OF CYPRESS
ATTEST:
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