Minutes 88-05-24
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MINUTES OF AN ADJOURNED MEETING OF ~
THE CYPRESS CITY COUNCIL
HELD
MAY 24, 1988
Mayor Arnold called the adjourned meeting of the Cypress City Council to order
at 7:35 p.m. on Tuesday, May 24. 1988 in the Cypress City Council Chambers,
5275 Orange Avenue, Cypress, California.
PRESENT: Councilmembers Coronado, Davis, Kanel, Mullen and Arnold
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex and staff members
Beardsley, Eynon, Hurst, Leonard, Thomas and Wicker.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ZONE CHANGE/PRE-ZONE NO.
88-1. AREA NORTH OF THE CYPRESS CITY BOUNDARIES AND SOUTH OF THE LA PALMA CITY
BOUNDARIES and CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE NO. 88-1 AND ZONE CHANGE NO. 88-5. FARM ANIMAL OVERLAY ZONE FOR
SPECIFIC PARCELS IN THE PROPOSED ANNEXATION AREA LOCATED NORTH OF THE CYPRESS
CITY BOUNDARIES AND SOUTH OF THE LA PALMA CITY BOUNDARIES: Mayor Arnold
declared the public hearings open and the Planning Director summarized the
staff reports dated May 12, 1988 and May 11, 1988, respectively. She advised
that a farm animal overlay exhibit had been prepared that demonstrated the
zoning for each of the County areas proposed for City annexation which would
permit property owners to maintain farm animals on residential property but
still imposed restrictions. She stated that in accordance with California
Environmental Quality Act, a negative declaration of environmental impact will
be filed for this project, if the zone change is approved for a first reading
this evening. Notices of this public hearing have been posted, published and
mailed to all property owners within a 300-foot radius of the subject parcel.
Mayor Arnold asked if anyone wished to speak in support of the Zone
Change/Pre-Zone No. 88-1 Area North of the Cypress City Boundaries and South
of the La Palma City Boundaries. No one wished to do so.
Mayor Arnold then asked if anyone wished to speak in opposition to this item.
Mr. Mark Malan, 6721 Melrose, Buena Park, mailing address P.O. Box 393,
Cypress, stated he represented two groups, the citizens of Cypress that border
the area and the property owners in the area. He advised that the citizens he
represented objected to the Heavy Commercial designation and desired the
buffer zone designation and presented signatures to the Council.
Mr. John Roper, 9140 Esther Street, Cypress, expressed his disfavor of a Heavy
Commercial zoning for several reasons and encouraged Council to allow Bishop
and Camp Streets to remain buffer zones.
Ms. Deena Collins, 1652 Lance Drive, Tustin, property owner of 4911 Camp
Street, stated she was not in favor of the Heavy Commercial zoning.
Mr. Doug Clark, 9217 Christopher Street, Cypress, commented that any type of
Heavy Commercial zoning would create traffic and safety problems in the area.
No one else wished to speak in opposition to this matter.
Mr. Ray Hamilton, 4861 Camp street, Cypress, stated light industrial business
is there now and urged Council to leave the present zoning.
Mr. Malan clarified that the present County zoning is light industrial, the
City of Cypress is proposing a combined zoning that will permit many types of
businesses and planning with the foresight to avoid any future problems.
Mayor Arnold asked if anyone wished to speak in favor of the Amendment to
Zoning Ordinance No. 88-1 and Zone Change No. 88-5, Farm Animal Overlay Zone;
no one wished to do so.
Mayor Arnold requested those individuals who were against this item to speak.
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City Council Minutes May 24, 19f23__3
Ms. Marlene Peterson, 8212 Gay Street, Cypress, cOrmJended the City on the
overlay, there is an understanding of the needs of most of the residents and
stated a few of the problems are not completely resolved. She asked about the
conditional use permit applications, the 50 foot variance, more of a guarantee
as to the number of existing animals and structures that will remain.
The Planning Director responded that there are three issues: non-conforming
and conforming use and whether it is a legal use. She further advised that a
conditional use permit does require a public hearing and each property owner
would have to come before the Councilor they could remain under a legal non-
conforming use status.
After some discussion, the City Manager responded that if there are conditions
existing that create health, safety or welfare hazards to the inhabitants of
the area, those conditions would be thoroughly investigated and decisions
would have to be made by the governing body of the City.
THE CITY ATTORNEY ARRIVED AT 8:16 P.M.
The Planning Director clarified that the City allows only one dwelling unit
per parcel of land and all parcels are required to have street frontage.
Councilman Mullen remarked that the intent of the City is to allow the
residents to continue their present lifestyle after annexation and that the
allowing of animals is a transitional-type use.
The testimony continued with expressed concern regarding the 50 foot variance,
location of trash bins and the length of time animals can be away from the
property.
Ms. Gail Simonz, 8162 Gay Street, Cypress
Ms. Fern Schmidt, 8131 Gay Street, Cypress
Ms. Judith Kerr, 8282 Gay Street, Cypress
Councilman Kanel asked if the City would consider a waiver of the conditional
use permit fees for those residents in the annexation. The Planning Director
suggested listing them as minor conditional use permits which is less money
and would cover part of the costs. The City Manager responded that a time
limit could be set and a filing within that time period may be without charge.
In response to a question from Ms. Michelle Aaronson, 8672 Belmont, Cypress,
she was advised that her property was part of the farm animal overlay zone.
Councilman Mullen questioned if revisions were in order and if it would be
appropriate to continue this matter giving the staff time to consider the
revisions. The City Manager suggested that the City Council proceed with the
pre-annexation zoning and farm animal overlay zoning as presented and, at such
time as the annexation is completed, Council could consider appropriate
revisions.
Mr. John McCormack, 9130 Esther Street, Cypress, voiced his disfavor of the
proposed zoning of Heavy Commercial for Camp/Bishop Streets.
At Councilman Davis' request, the Planning Oirector reviewed the annexation
procedure for the benefit of the audience.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing and approve the first reading of the Ordinance by title
only, title as follows, amending Ordinance No. 640, the Zoning Ordinance of
the City of Cypress.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY
PLACING CERTAIN PARCELS OF LAND IN THE RS-6,OOO RESIDENTIAL SINGLE-
FAMILY-DENSITY INCENTIVE ZONE, RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE,
MHP MOBILE HOME PARK ZONE, CH-LC COMMERCIAL HEAVY-LINCOLN AVENUE
COMBINING ZONE, ANO PUBLIC AND SEMI-PUBLIC ZONE AND KNOWN AS ZONE CHANGE
NO. 88-1.
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Councilman Kanel stated, for the record, that we are facing some problems on
this annexation and we are not trying to change the lifestyle of the residents
that have the animals. He advised the Council will bend over backwards to
alleviate those problems. He further advised that there will be amendments
and the Council will be helping the residents because many of the conditions
are not standard. '
Councilman Coronado advised he had perceived there were many unrefined and
unresolved issues from the hearings and many questions remain. He further
stated he will not support this matter now as he has not supported it in the
past.
Councilman Davis shared the concerns of Councilman Coronado as the issue has
gotten more complex. He stated he will support the proposal because it is a
process but is anticipating a definite indication at the protest hearing and
if they do not want to be annexed, he will not support the annexation.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
Regarding Item #24, Amendment to Zoning Ordinance No. 88-1 and Zone Change No.
88-5, Farm Animal Overlay Zone, it was moved by Councilman Mullen and seconded
by Councilman Kanel to close the public hearing, certify the Negative
Declaration in accordance with the requirements of the California
Environmental Quality Act and approve the first reading of the Ordinances by
title only, title as follows, amending the Zoning Ordinance by adding the Farm
Animal Overlay and by placing certain parcels of land in the Farm Animal
Overlay Zone. Councilman Kanel stated, for the record, that his previous
comment regarding the overlay zone stands that he and the Council will bend
over backwards for those people with the animals.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY
ADDING SECTION 12.9 FARM ANIMAL OVERLAY ZONE AND KNOWN AS AMENDMENT TO
THE ZONING ORDINANCE NO. 88-1.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY
PLACING CERTAIN PARCELS OF LAND IN THE FARM ANIMAL OVERLAY ZONE AND
KNOWN AS ZONE CHANGE NO. 88-5.
Councilman Coronado registered his protest to the Council action.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Arnold called a recess at 9:27 p.m. and reconvened the meeting
at 9:35 p.m.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-8 AND
VARIANCE NO. _88_:.3, MCDONALD"S DRIVE-THRU RESTAURANT, 10115 VALLEY VIEW STREET:
Mayor Arnold opened the public hearing. The Planning Director summarized the
staff report dated May 9, 1988, which represented a request for an application
to construct and operate a drive-thru fast food restaurant at 10115 Valley
View Street. In accordance with the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this
project. Notices of the public hearing were posted, published and mailed to
all property owners within a 300-foot radius.
Mayor Arnold requested the applicant to comment.
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City Council Hinutes May 24, 19a;35
Mr. Sco~t HcKeowan, McDonald's representative, 8840 Complex Drive, San Diego,
commended the Planning-Staff, remarked that approximately 52S,of the patrons
use the drive~thru and concu~red with thestaff's recommendations.
No one wished to speak for or against the application.
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It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing, certify the Negative Declaration as prepared according to
the requirements of the California Environmental Quality Act and adopt the
Resolutions by title only, title as follows approving C.U.P. 88-8 and Variance
No. 88-3, subject to conditions.
RESOLUTION NO. 3398
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-8 - WITH CONDITIONS.
RESOLUTION NO. 3399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A
REQUEST FOR A VARIANCE FROM SECTIONS 14.2.A.2 AND B OF THE CYPRESS
ZONING ORDINANCE TO REDUCE THE NUMBER OF MINIMUM REQUIRED ONSITE PARKING
SPACES AND UTILIZE JOINT PARKING WITH ADJACENT PROPERTY OWNERS -
VARIANCE NO. 88-3.
The Public Works Director remarked that the existing parking agreement between
the applicant and Mervyn's Shopping center should be amended so it will remain
in perpetuity and cannot be cancelled by the applicant.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO SPECIFIC PLAN NO. 82-1 AND
PARCEL MAP NO._ 88-170, MCDONNELL DOUGLAS REALTY CO./MITSUBISHI ELECTRIC SALES
OF AMERICA. INC. - NORTHEAST CORNER OF KATELLA AVENUE AND WALKER STREET. The
public hearing was opened by Mayor Arnold. The Planning Director recapped the
staff report dated May 9, 1988, which described a request for an application
by the McDonnell Douglas Realty Co. to amend Specific Plan No. 82-1 to
eliminate the west section of Plaza Drive and to divide two existing parcels
into two proposed parcels. In accordance with the California Environmental
Quality Act, a Negative Declaration of Environmental Impact will be filed for
this project. Notices of this public hearing have been posted, published and
mailed to all property owners within 300 feet of the subject parcel.
Mr. Meryl Pouch, McDonnell Douglas Realty Co., 18881 Von Karman, Ste. 1200,
Irvine, stated that he would answer any questions from the Council, there is
no specific plan for a building because the user is determining the exact
configuration and there is a need for a larger parcel.
Councilman Davis voiced his concern about the traffic pattern and flow from
that portion of the Business Park.
After some discussion, the Public Works Director advised that staff has
analyzed the traffic study by the traffic engineer for the project and the
Walker street entrance was a minor entry to the development and the other
streets handled the traffic flow adequately.
No one wished to speak in support of or in opposition to this application.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and adopt the
Resolutions by title only, title as follows, approving the amendment of
Specific Plan No. 82-1 and Parcel Map No. 88-170 with conditions.
RESOLUTION NO. 3400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO SPECIFIC PLAN NO. 82-1.
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236 i ty Counc i 1 Mi nutes May 24, 1988
RESOLUTION NO. 3401
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 88-170 - WITH CONDITIONS.
Councilman Davis voiced his support of the developments taking place in this
development; however, he does not agree with closing off an additional avenue
to a major center.
Councilman Coronado stated that further development will pose an added impact
to the traffic situation that we should consider.
The motion carr'ied by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen and Arnold
NOES: 1 COUNCILMEMBERS: Davis
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE TRACT MAP NO. 13328. 6-LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION, 4342 ACACIA STREET: Mayor Arnold
opened the hearing. The Planning Director summarized the staff report dated
May 10, 1988, which represented a request to divide one parcel into six
parcels for the development of single-family residences at the north end of
Acac ia Street. In accordance with the California Environmental Quality Act, a
Notice of Negative Declaration will be filed for this project. Notices of
this public hearing have been posted, published and mailed to all property
owners within a 300-foot readius of the subject parcel.
Mayor Arnold invited the applicant to speak.
Mr. Shahram Anvary, 18502 Entrada, Northridge, responded to questions from the
Counc i I .
Mayor Arnold asked if anyone wished to speak for or against this application.
No one wished to do so.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and adopt the
Resolution by title only, title as follows, approving Tentative Tract Map No.
13328.
RESOLUTION NO. 3402
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE TRACT MAP NO. 13328 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-9. 8
APARTMENT UNITS. 9711 GRAHAM STREET: Mayor Arnold opened the public hearing
and referred to the staff report dated May 1988, which requested that this
item be continued to June 13, 1988.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue Ji<'1<,,-y.>
the hearing to the City Council meeting of June 13, 1988. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCI LMEMBERS: Coronado, Davis, Konel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CYPRESS CHAMBER OF COMMtRCE"S CONTRACT:
Mayor Arnold referred to the staff report dated May 17, 1988, which indicated
that a Committee composed of Mayor Arnold, Councilman Kanel and Finance
Director Larry Hurst had been formed to consider this issue. Executive
Director Ned Fox, Christine Klima and Phil Wendel represented the Chamber of
Commerce at the meeting on May 16, 1988.
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City Council Minutes May 24, 198237
As a result of the meeting, Mayor Arnold recommended that a change be made to
the contract between the City of Cypress and the Cypress Chamber of Commerce.
She read the wording which will replace the present wording on page 2, #5, as
follows: "The Chamber agrees to refrain from ex-pending any funds for the
purpose of any municipal political activity pertaining to election to office
of any individual or other municipal issues that may be placed on the
municipal ballot."
Councilman Coronado voiced his objection to the Chamber's involvment in the
City's electoral process and he desired that the Chamber refrain from
expending any monies for this purpose.
Mayor Arnold advised that no Chamber funds would be involved in any way.
After further discussion, Councilman Kanel commented that he felt this
situation was resolved in the best way possible and his impressions were that
they would like to see this matter behind them.
Mayor Arnold commented that the Chamber of Commerce would provide the City
with any report requested of them and they did not intend to be involved as
the Chamber by expending any funds on a political issue.
Mayor Arnold suggested submitting the revised wording to staff and hearing no
objection, directed staff to amend the Chamber of Commerce contract and to
submit the new contract with their budget proposal,
Councilman Kanel remarked that there were some things in the contract that
were archaic and he wished to review the contract with the City Manager to
eliminate the unnecessary items.
CONTINUATION OF CONSIDERATION OF REINSTITUTING A PLANNING COMMISSION:
Councilman Davis referred to the staff report dated May 13, which indicated
that staff was still working on the project and will present a complete report
on Planning Commissions by the June 27, 1988 meeting. He stated there was no
action to be taken except receive and file, and hearing no objection, the
Mayor so ordered.
CONSIDERATION OF COMMUNICATION REGARDING THE CHURCH DEVELOPMENT ON A PORTION
OF THE HOLLYWOOD PARK PROPERTY: Mayor Arnold referred to the staff report
dated May 13, 1988, which indicated that a communication had been received
requesting the City Council to consider the development of churches, church
schools and open space on a portion of the Hollywood Park property.
Mayor Arnold asked if anyone in the audience would care to comment on this
issue.
Mr. Jim Watson, SDC Development, 415 North Star Lane, Newport Beach, stated he
had appeared last evening at 5:30 p.m. to introduce themselves and they have
agreed to acquire the race track from Hollywood Park. He further advised that
both church pastors were present to answer any questions and proceeded to
describe their plans for the development of the property.
Councilman Kanel asked Mr. Watson if his company would be making a formal
request, along with a plan, to come before the City Council.
CONSIDERATION OF URGENCY ORDINANCE TO AMEND THE PERS SAFETY RETIREMENT PLAN TO
PROVIDE SECTION 21380-87 - 1959 SURVIVOR BENEFIT. INCLUDING 21382.4 (THIRD
LEVEL OF 1959 SURVIVOR BENEFIT): The City Manager referred to the staff
report dated May 11, 1988, which indicated that this action was required to
comply with the Memorandum of Understanding provisions that had been approved
with the Public Safety Employees group for retirement benefits.
It was moved by Councilman Coronado and seconded by Councilman Kanel to
approve the urgency ordinance by title only, title as follows, authorizing the
amendment adding the 1959 Survivor Benefit to the City's PERS contract with
its Public Safety employees.
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238ity Council Minutes May 24, 1988
ORDINANCE NO. 798
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF CYPRESS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilman Coronado and seconded by Councilman Kanel to
approve the first reading of the Ordinance by title only, title as follows,
authorizing the amendment adding the 1959 Survivor Benefit to the City's PERS
contract with its Public Safety employees.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AN
AMENDHENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
CYPRESS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCI LMEM8[RS: None
CONSIDERATION OF COUNCIL MEETING VIDEOTAPE DOCUMENT STATUS AND REPLAY POLICY
AND IMPLEMENTATION: The Mayor referred to the staff report dated May 6, 1988
which indicated the City Attorney has advised that prior to determining the
replay/rerun policy utilizing videotape of the regular City Council meetings
that are currently being cablecast live, it is necessary to make a
determination as to the legal document status of the video tape.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve
the first reading of the Ordinance by title only, title as follows, setting
forth the written minutes of all City Council meetings as the permanent
official record of its meetings dnd further setting forth the retention and
destruction schedule for videotape duplicate records; 2) authorize staff to
solicit bids for an S-VHS 1/2" videotape recorder for City Council
consideration; 3) authorize a transfer of $3000.00 from Account 4104-11-119-02
to 4939-90-656-35 for the purchase of this equipment; and 4) approve the
initial City Council meeting replay schedule as outlined in the report.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
2-2.10 OF THE CODE OF THE CITY OF CYPRESS DESIGNATING THE APPROVED
MINUTES AS THE OFFICIAL RECORD OF CITY COUNCIL PROCEEDINGS AND ACTIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CONSIDERATION OFF VACANCIES TO BE FILLED FOR THE REDEVELOPMENT PROJECT AREA
COMMITTEE: The City Manager recapped the staff report dated May 10, 1988
which indicated two vacancies on the Redevelopment Project Area Committee need
to be filled so that the Committee can review and comment on the amendment
which involves the expansion of the Project Area to include the Texaco Tank
Farm site and a small adjacent parcel. Staff recommended that the City
Council appoint four individuals from the list provided to serve as Project
Area Committee members.
After some discussion, Councilman Kanel suggested holding this item over. It
was moved by Councilman Mullen to continue this matter to the next rpgular
Council meeting. The City Attorney advised that the Council might want to
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City Council Minutes May 24, 19~39
provide staff with some direction as to how many members should be on the
Project Area Committee and that staff was recommending a total of six members.
Councilman Davis suggested appointing four members as recommended by staff.
Mayor Arnold recommended that staff coordinate scheduling a meeting where the
candiates can be interviewed and have those results presented at the June 13,
1988 Council meeting and hearing no objection, the Mayor so ordered.
CONSIDERATION OF RE-SCHEDULING OF BUDGET WORKSHOP: The City Manager advised
that the City Council had discussed adjourning the May 23, 1988 Council
meeting to June 7 for a budget workshop and suggested moving the date forward
to May 31, 1988. Hearing no objection, the Mayor ordered that the budget
workshop be held on May 31, 1988 at 7:30 p.m. in the Administrative Conference
Room.
CONSIDERATION OF RE-CONSIDERATION OF PLACEMENT OF "ORAL & WRITTEN
COMMUNICATIONS - NOT ON THE AGENDA" SECTION ON THE AGENDA FOR CITY COUNCIL
MEETINGS. Mayor Arnold opened the topic to comments. Councilman Kanel stated
some people have commented to him that items not on the agenda cannot be
discussed until the end of the meeting and that most items on the agenda are
not placed there by individual citizens. He further advised there should be
an opportunity for the people to speak and Council could direct the City
Manager to place the item on the Agenda for the next meeting, if necessary.
Mayor Arnold remarked that this Agenda order evolved because people were
coming before the Council with items that could not be dealt with, discussed
in detail or action taken and was not in favor of changing that order.
Councilman Kanel advised that items not on the Agenda have been heard at the
beginning of the meeting in the past, it has not been abused and this is a
benefit for people who don"t write in but want to express themselves and
obtain some action. Councilman Mullen suggested that any comments on or off
the Agenda be limited to two minutes; however, this Council does not have a
tradition of enforcing that rule. Councilman Coronado believed the meetings
must always be a public forum, Council should encourage the citizens to come
forward and speak. Councilman Davis stated to use that time as a discussion
period before discussing the business at hand is not appropriate. He further
advised that he is not in favor of changing the order of the Agenda.
After further discussion, Councilman Davis commented that we are on TV and
people at home are watching at 7:30 p.m. to see the business items.
It was moved by Councilman Kanel and seconded by Councilman Mullen to continue
this matter to the meeting of June 13, 1988. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 26423 -
26654. It was moved by Councilman Mullen and seconded by Councilman Kanel to
approve the Warrant List for Warrant Nos. 26423 through 26654 in the amount of
$661,894.62. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATIO" OF AWARD OF CONTRACT FOR ONE STREET SWEEPER, REQUEST FOR
QUOTATION NO. 8788-44. A sole bid was received from Nixon Egli Equipment
Company in the Purchasing office on April 29, 1988. The Nixon Egli Equipment
Company has agreed to allow the City of Cypress to Join the City of Santa Ana
to bid on the purchase of one street sweeper.
It was moved by Councilman Mullen and seconded by Councilman Kanel to: 1 )
reject the bid received from Nixon Egli Equipment Company on Request for
Quotation No. 8788-44, 2) appropriate $6187.00 from the unreserved fund
balance of the general fund to Account 4384-90-659-39, 3) determine that it is
in the best interest of the City to dispense with formal competitive bidding
pursuant to City Code Sections 21A-8e and 21A-8f, and 4) authorize the
purchase of one street sweeper under the City of Santa Ana"s contract with
Nixon Egli Equipment Company, 12030 Clark Street, Santa Fe Springs, CA 90670
in the amount of $94186.24. The motion unanimously carried by the following
roll call votc<
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240 City Council Minutes May 24, 1988
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
CONSIDERATION OF AWARD OF CONTRACT FOR ONE LAP T~P COMPUTER. REQUEST FOR
QUOTATION NO. 8788-45: Three bids were received for the purchase of one Lap
Top Computer.
It was moved by Councilman Mullen and seconded by Councilman Kanel to accept
the bid from Photo and Sound Company, 3303 Harbor Blvd., [-1, Costa Mesa, CA
92626 as the lowest responsible bidder and award the contract for the purchase
of one lap top portable computer to this company in the amount of $3232.48.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC COUNT SERVICE. REQUEST FOR
QUOTATION NO. 8788-48: Three bids were received from companies providing
traffic count services on May 5, 1988.
It was moved by Councilman Mullen and seconded by Councilman Kanel to accept
the bid received from Traffic Count, Inc., 170 E. 17th Street, #206, Costa
Mesa, CA 92627 as the lowest responsible bidder and award the contract to this
company for the 1988 traffic count service in the amount of $8200.00. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR PALM TREE REMOVAL. REQUEST FOR
QUOTATION NO. 8788-49: Four complete bids were received by the Purchasing
Officer for the purchase of palm tree removal service.
It was moved by Councilman Mullen and seconded by Councilman Kanel to accept
the bid received from West Coast Arborist, Inc., 7072 Thomas St., Buena Park,
CA 90621 as the lowest responsible bidder and award the contract to this
company for the removal of 54 palm trees in the amount of $6642.00. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF CONTRACT RENEWAL FOR WEED ABATEMENT FOR FISCAL YEAR 1988/89:
Edwin Webber, Inc. submitted a letter offering to perform weed abatement work
for Fiscal Year 1988/89 under the same specifications and for the same
contract unit prices as during the past nine years.
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the award of contract for weed abatement for the Fiscal Year 1988/89 to Edwin
Webber Inc., 9472 Rembrandt Drive, Huntington Beach, for the same contract
unit prices as Fiscal Year 1987/88. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None 11i~'ii;\.
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF VOLLEYBALL AND
SHUFFLEBOARD CQURTS AND THE RENOVATION OF THE FOOD SERVICE ROOM AT
ARNOLD/CYPRESS.PARK. CITY OF CYPRESS PROJECT NO. 8721-90: Two bids were
received for the construction of Volleyball and Shuffleboard Courts and the
renovation of the Food Service Room at Arnold/Cypress Park.
It was moved by Councilman Mullen and seconded by Councilman Davis to reject
all bids and authorize Staff to readvertise the project, eliminating the Food
Service Room construction from the bid, The motion unanimously carried by the
following roll call vote:
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City Council Minutes May 24, 19~41
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR A SECRETARIAL WORK STATION: Bids were
solicited from five vendors for the purchase of a secretarial work station
that would accommodate computer equipment.
It was moved by Councilman Mullen and seconded by Councilman Davis that the
City Council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District: 1) transfer $1,930 from Account #4187-
12-301-10 to account #4553-83-653-38, and 2) award a contract to McMahan
Business Interiors, 1960 S. Anaheim, CA 93805 in the amount of $3,129.07 for
the purchase of a secretarial work station as outlined in this report. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL BUS TRANSPORTATION CONTRACT,
REQUEST FOR QUOTATION NO. 8788-47: Four bids were received in the Purchasing
Office for the purchase of an annual bus transportation contract for the
Cypress Recreation and Park District excursion program.
It was moved by Councilman Mullen and seconded by Councilman Davis that the
City Council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, accept the bid from Transportation
Services, 1665 S. Brookhurst, Anaheim, CA 92804, as the only company that can
provide the two types of required buses and award the contract to this company
for the period June 1, 1988 through May 31, 1989. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: 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.
Councilman Kanel asked for a correction to the Minutes of May 9, 1988, page 4,
under Written Communications, changing "Cultural Arts Comm;ss;on" to "Cultural
Arts Theatre Group."
It was moved by Councilman Mullen and seconded by Councilman Davis to approve
the Consent Calendar Items 9 through 21. Councilman Kanel also asked that SB
2016 be included in Item #18 of the Consent Calendar, as an urgency matter, as
he received notification after the Agenda had been prepared. Counc i 1 man
Mullen agreed to add SB 2016 to his motion. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #9: Motion to approve City Council Minutes of the Regular Meeting of May
9, 1988, as corrected.
Recommendation: That the City Council approve the Minutes of May 9, 1988 as
corrected, with Mayor Arnold and Councilman Mullen abstaining due to their
absence at the meeting.
Item #10: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item # 11 : Consideration of Request From the Cypress Twirlers for Permission
to Use the City Council Chamber Plaza Area for Square Dancing on July 23, 1988
and August 27, 1988.
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242 City Council Minutes May 24, 1988
Recommendation: That the Hayor and City Council approve the request of the
Cypress Twirlers for use of the City Council Chamber Plaza area on July 23,
1988 and August 27, 1988, between the hours of 7:00 p.m. - 11:30 p.m., subject
to the conditions that the organization be required to pay for any additional
costs incurred in providing maintenance and utility services, as well as
submitting a new Certificate of Insurance for liability coverage naming the
City of Cypress as additional insured.
Item 1112: Consideration of Proclaiming June 13-19, 1988, as "Scleroderma
Awareness Week."
Recommendation: That the Mayor and City Council officially proclaim June 13-
19, 1988, as "Scleroderma Awareness Week" in the City of Cypress.
Item II 13: Consideration of Adoption of Resolutions for Girl Scouts Attaining
the Gold Award.
Recommendation: That the City Council adopt the Resolutions by title only,
titles as follows, commending Girl Scouts Kymberly Burtch, Suzanne Dean,
Jennifer Ealy and Karin Stein on attaining the Gold Award.
RESOLUTION NO. 3403
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
KYMBERLY BURTCH ON ATTAINING THE GOLD AWARD IN THE GIRL SCOUTS PROGRAM.
RESOLUTION NO. 3404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
SUZANNE DEAN ON ATTAINING THE GOLD AWARD IN THE GIRL SCOUTS PROGRAM.
RESOLUTION NO. 3405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
JENNIFER EALY ON ATTAINING THE GOLD AWARD IN THE GIRL SCOUTS PROGRAM.
RESOLUTION NO. 3406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING KARIN
STEIN ON ATTAINING THE GOLD AWARD IN THE GIRL SCOUTS PROGRAM.
Item #14: Consideration of Claim Filed by Patrick Bernard Horner.
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 1115: Consideration of Claim for Indemnity Filed by the City of Lakewood.
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 1116: Consideration of Monthly Investment Program for the Month of April
1988.
Recommendation: Receive and file.
Item 1117: Consideration of Employment List - Police Officer (Lateral Entry
and Academy Trained).
Recommendation: That the City Council certify the Employment List for the
position of Police Officer (Lateral Entry and Academy Trained) as submitted.
Item #18: Consideration of Support for Legislation Enabling Action on
Residential Foundation Damage in Cypress and Surrounding Areas (AB 2694, AB
4250 and SB 2016).
Recommendation: That the City Council support AB 2694, AB 4250 and SB 2016
and authorize the Mayor to send correspondence to the appropriate legislative
representatives and the State Department of Conservation, expressing the
City's position of support.
11
City Council Minutes May 24, 198243
Item '19: Consideration of Actions Taken by the City Attorney and Mayor With
Respect to AB 2252 (Public Employees Retirement System's Optional Benefits).
Recommendation: That the City Council confirm the actions taken by the City
Attorney and Mayor as outlined in the report.
Item #20: Consideration of Acceptance of Abatement of Seasonal and Recurring
Weeds and Assessment for Weed and Rubbish Abatement for Phase II of the 1987-
88 Program.
Recommendation: That the City Council: 1) Approve a contract change with
Edwin Webber, Inc., of Huntington Beach, CA, from the original award of
$6,330.00 to the final cost of $8,191.99, based on actual areas abated; 2)
Accept the work of weed and rubbish abatement as being satisfactorily
completed in accordance with the specifications for the work; and 3) Adopt a
Resolution by title only, title as follows, confirming the weed abatement
assessments and imposing special assessments as a lien on the parcels shown on
Exhibit "A" of said Resolution.
RESOLUTION NO. 3407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN
THE CITY OF CYPRESS.
Item #21: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Anna N. & Nam T. Tran and Tien V. Trieu, D.B.A. Cedar Liquor
& Market, 6155-6157 Ball Road, Cypress.
Recommendation: Receive and file.
RECESS: Mayor Arnold recessed the meeting at 11:30 p.m. in order for the
Council to convene as the Cypress Redevelopment Agency. The meeting was
called back to order at 11:32 p.m. with all Councilmembers present.
ORAL COMMUNICAIJONS: There were no Oral Communications.
WRfTTEN COMMUNICATIONS: There were no Written Communications.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 11:33 p.m. to May 31, 1988
at 7:30 p.m. in the Administrative Conference Room, 5275 Orange Avenue,
Cypress, CA.
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