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Minutes 88-06-13 246 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 13. 1988 The regular meeting of the Cypress City Council was called to order at 5:40 p.m. on Monday. June 13. 1988. in the Cypress City Council Chambers. 5275 Orange Avenue, Cypress. California. by Mayor Margaret Arnold. PRESENT: Councilmembers Kane1. Mullen & Arnold ABSENT: Counci1members Coronado and Davis Also present were City Manager/City Clerk Darrell Essex and Assistant City Manager David Barrett. ORAL COMMUNICATIONS: There were no oral communications for matters on the 5:30 p.m. Agenda. CONSIDERATION Ot AWARD OF CONTRACT FOR POLICE DEPARTMENT PORTABLE RADIOS: The Police Department has requested the purchase of three portable radios and one 4-s10t charger. It was moved by Councilman Mullen and seconded by Councilman Kanel to transfer $2318.00 from the fund balance of the asset seizure fund to account 4938-90-656-35, and award the contract for the purchase of radios and charger to Comsound. 2015 West Pacific, West Covina. CA 91790 in the amount of $2317.41. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Coronado and Davis CONSIDERATION OF AWARD OF FRANCHISE TO INSTALL AND MAINTAIN BUS SHELTERS AND BUS BENCHES I~~rHE CITY OF CYPRESS: Mayor Arnold continued this item to a time later in the meeting. CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNAL COORDINATION EQUIPMENT ON KATELLA AVENUE, FROM SIBONEY STREET TO KNOTT AVENUE. AND ON VALLEY VIEW STREET, FROM LINCOLN AVENUE TO ORANGEWOOD AVENUE, CITY OF CYPRESS PROJECT NOS. 8675-50 AND 8676-50: Three bids were received for the installation of traffic signal coordination equipment on Katella Avenue, City of Cypress Project Nos. 8615-50 and 8676-50. It was moved by Councilman Mullen and seconded by Counci Iman Kanel to (1) determine Paul Gardner Corporation to be the lowest responsible bidder for City of Cypress Project Nos. 8615-50 and 8676-50; (2) reject all other bids; and (3) award a contract to Paul Gardner Corporation, 901 S. Sultana Avenue, P.O. Box 3730, Ontario, California 91161, for the installation of traffic signal coordination equipment on Katel la Avenue, from Siboney Street to Knott Avenue and on Valley View Street, from Lincoln Avenue to Orangewood Avenue, in the amount of $69,935.00. The motion unanimously carried by the following roll call vote: AYlS: 3 COUNC I U1EMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 2 (OUNC I LME~lBE RS: Coronado and Davis COUNCILMAN DAVIS ARRIVED AT 5:48 P.M. CONSIDERATION OF RETENTION OF PROFESSIONAL INSPECTION SERVICES FOR THE INSTALLATION OF TRAFFIC SIGNAL COORDINATION EQUIPMENr ON KATELLA AVENUE. FROM SIBONEY STREE1 10 KNOTT AVENUE, AND ON VALLEY VIEW STREET. FROM LINCOLN AVENUE TO ORANGEWOOD_~VENUE. CITY OF CYPRESS PROJECT NOS. 8675-50 AND 8676-50: The City Council has been requested to consider a contract award to furnish and install traffic signal interconnection equipment serving the entire reaches of both Valley View Street and Katella Avenue within the City limits. It wa s moved by Councilman Mullen and seconded by Councilman Kane] to retain the professional services of Gordon Young Associates, P.O. Box 1804, Corona, CA 91718-]804 to inspect the traffic signal coordination equipment to be installed under City of Cypress Projects 8675-50 and 8676-50, at an hourly rate of $30 not to exceed a total fee of $4,500. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold 1 i I I City Council Minutes June 13. 198247 NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF CONTRACT AWARD TO REPLACE HAND RAILS AT THE CITY COUNCIL CHAMBER: The low bidder. Calico Contractors found that the effort required would be far in excess of what was anticipated. McDonald Construction Company's original bid was very favorable and it is recommended that this firm be awarded the contract to complete the railing work. It was moved by Councilman Mullen and seconded by Councilman Davis to: (1) cancel P.O. No. 27501 dated March 18, 19988 to Calico Electric & Maintenance Contractors and (2) award a contract to McDonald Construction Co., 1743 South Douglass. Ste. H, Anaheim, CA 92806, for replacement of the hand rails at the south side and refinishing of the hand rails at 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 $20,800. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCI LMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF AWARD OF CONTRACT FOR THE PARKING CITATION MANAGEMENT PROGRAM: The Police Department requested a one year contract with West Computil Corporation for the parking citation management program at a rate of $.99 per citation. It was moved by Councilman Mullen and seconded by Councilman Kane1 to approve a contract for the parking citation management program with West Computil Corporation. 18700 Beach Blvd., Ste. 119. Huntington Beach, CA 92648 for the period July 1, 1988 through June 30, 1989. Councilman Davis asked for assurance from the Police Department that the company receiving the contract is capable of providing the service. Councilman Mullen withdrew his motion and Councilman Kane1 withdrew his second to await further clarification from the Police Department Representative. STUDY SESSION: At this time, the City Council conducted oral interviews of the applicants for the Redevelopment Project Area Committee. At the conclusion of the interviews, it was moved by Councilman Mullen and seconded by Councilman Kanel to appoint Bobbie Bloch, William Wren and Sevie Newton to the Redevelopment Project Area Committee. 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 EXECUTIVE SESSION: At 6:34 p.m.. Mayor Arnold ca1 led an Executive Session for matters of personnel and litigation. COUNCILMAN CORONADO ARRIVED AT 6:55 P.M. Mayor Arnold reconvened the meeting at 7:41 p.m. with all Councilmembers present and staff members Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: Councilman Mullen led the pledge. The City Manager summarized the actions taken by the City Council during the 5:30 p.m. portion of the meeting. The City Attorney recapped the items considered in Executive Session: Robert Niederberger vs. the City regarding settlement authority; authorization for a suit against the County of Orange regarding delinquent tax penalties and advised the Council on the status of Hollywood Park vs. the City of Cypress. Councilman Kanel asked, for the record, that the City Manager recite the qualifications of individuals serving on the Redevelopment Committee. The City Manager explained that the primary qualification is that the people either own land or reside within the project areas, which are: the Civic Center and land adjacent thereto, the school properties on Orange and Grindlay, and the Texaco Tank farm. 2 248Cfty Council Minutes June 13. 1988 PRESENTATIONS: Mayor Arnold read and presented a Resolution of the City Council to Lieutenant John T. Schaefer of the Cypress Police Department for his outstanding professional and personal accomplishments. Ms. Judy Gilbert. on behalf of the Buena Park-Cypress-La Palma Board of Realtors awarded plaques to the "Pride in Property" for American Home Week contest winners Glen & Sheila McClintock. 9845 Spruce Court; Jerry & Diane Henry. 4427 Via Largo; and Glen & Bea Donica. 4622 Ashbury. Mayor Arnold then made a presentation of a certificate of commendation from the City of Cypress to each of the award winners. Mayor Arnold announced that the City of Cypress had received the Transportation Commission's 1988 Transportation Partnership Award. the only City in the County so honored for traffic circulation improvement. Mayor Arnold announced that the City Manager. Darrell Essex. has been named the outstanding public administrator in 1988 by the American Society for Public Administration. Orange County Chapter. ORAL COMMUNICATIONS: Mr. Jim Watson. SDC Development, asked the Council to consider moving Consideration of Comments From SDC Development on the Hollywood Park Development, forward on the Agenda. He advised that the three key concerns SDC had to take into consideration in their development plan were building density, traffic mitigation and preservation of open space or greenbelt areas. After some discussion, he requested that the City Council waive the request for proposal procedure because SDC will be absorbing the fees of those consultants and it will be contracting directly with the City; requested the Council to instruct the City Attorney to immediately undertake to meet with Hollywood Park Counsel in an effort to reach a settlement to terminate all existing litigation. It was moved by Councilman Mullen and seconded by Councilman Kanel to waive the request for proposal procedure for all consultant services related to the development and sole source negotiation be used with the stipulation that the costs be borne by the developer. Councilman Kanel reported that he supported the motion in order for the matter to be expedited by the City staff. Councilman Coronado stated that he will not support the motion because he does not entirely appreciate the possible legal impl ications. Counc i lman Davi s indicated he would support the waiver of request for proposal procedures, but not the legal aspects. The City Attorney stated he did have the authority from the City Council to meet with Hollywood Park Counsel. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kane], Mullen and Arnold NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCILMEMBERS: None Councilman Kanel advised Mr. Watson that the City Council will adjourn to Friday at 8:00 p.m for the purpose of discussion of Hollywood Park litigation with the City Attorney and co-counsel. Councilman Mul1en stated he did not believe it necessary for Council to take action on Mr. Watson's second request. The City Attorney advised that they would need a letter of authorization from Hollywood Park authorizing SDC's proposal to be processed on their property. Mr. Don Robbins, representing Hollywood Park, commented that they will deliver the requested letter tomorrow with the understanding they are not waiving any rights that they have and Hollywood Park is anxious to meet in an attempt to meaningfully discuss the resolution of the litigation. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-23 AND 6~~SIGN REVIEW COMMITTEE NO. 87-44, RETAIL CENTER AND MINI- STORAGE UNITS. 5892 LINCOLN AVENUE: Mayor Arnold opened the public hearing and the City Manager presented the staff report dated June 3, 1988. which indicated the applicant had submitted a letter to the City stating that he wished to withdraw his application. It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public hearing and receive and file Mr. Andrews' request for withdrawal of 3 -- _.---------- .cY) L:. / I C-. ..~c ' - ./ City Council Minutes June 13, 1988 Conditional Use Permit No. 87-23 and Design Review Committee No. 87-44. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kane1. Mullen & Arnold NOES: 0 COUNCIlMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE; CONDITIONAL USE PERMIT NO. 88-9, 8 APARTMENT UNITS, 9711 GRAHAM STREET: Mayor Arnold declared the hearing open. The Planning Director recapped the staff report dated June 7. 1988. which represented a request to construct eight apartment units on two adjacent lots located at 9711 Graham Street. In accordance with the California Environment Quality Act. a Negative Declaration of Environmental Impact wi1 I be filed for this project. Mr. Douglas R. Snyder, representing the applicant Donald Bet. remarked that staff has done an admirable job, agreed with staff's recommendation and offered to answer any of Counc i 1 . s quest ions. Councilman Mullen agreed with the Planning Director's suggestion of color choice to be determined in design review. Councilman Coronado stated, for the record, that the blue roof tile was a refreshing change and is in favor of the choice. Mr. Donald Bet, 3201 Tigertail Drive, Los Alamitos, mentioned that they have been working on this project for three months and he has been very cooperative. Councilman Kanel agreed that the design review be brought back to Council relative to the color schemes for further consideration. Mayor Arnold expressed her concern for the property being able to accommodate a project of this size and anticipated problems with the lot size. Mayor Arnold asked if anyone wished to comment in favor of or against the application. No one wished to do so. It was moved by Councilman Kanel and seconded by Councilman Mullen 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 conditional use permit 88-9, with the final exterior color scheme submitted to City staff for review and then brought before the City Council for approval through the Design Review Committee, Mr, Bet commented that a color scheme that is a compromise between the color schemes of the adjoining apartments would be reasonable. Councilman Davis expressed his support of the project. Mayor Arnold commented that she would not support the project because of the close window placement. the overbuilding of the lot and would vote against the application. RESOLUTION NO. 3408 A RESOLUTION OF THE CITY COUNCIL OF 1HE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-9 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Mullen NOES: 1 COUNCILMEMBERS: Arnold ABSENl: 0 COUNCILMEMBERS: None CONS1DERATIO~ OF PUBLIC HEARING RE: ANNEXAlION NO. 88.-] - PROTEST HEARING, ORANGE COUNTY. UN I NCOHPORA TED AREA, NORTH OF fHE CYPRESS CITY BOUNDARIES AND SOUTH OF THE LA PALMA CITY BOUNDARIES: Mayor Arnold opened the public hearing. The City Manager acknowledged, for the record, that the City has received written communications from several individuals, which should be recorded as opposition to the annexation: Gary Beck, 8322 Gay Street; Robert Lile, 4902 Lincoln Avenue; Diane Higuchi, 4591 Crescent Avenue; and Gladys and Raymond Hamilton, 4861 Camp Street. He advised there have been protests filed in addition to those received this evening and it would be appropriate for the Counci 1 to close the public hearing following the receipt of the protests, then aJ low staff the opportunity to determine which process should be 4 ~.._--._- -- -- ~~--~ ( --- ":...." City Council Minutes June 13. 1988 undertaken based on the registered voter count and the assessed valuation of the property owners protest signatures. Councilman Coronado protested that. because the signatories are not registered voters. it should not disinfranchise them from participating in City actions. The Mayor called upon the City Attorney to clarify the situation. The City Attorney advised that it was the percentages applied to the number of land owners based on assessed value within the territory and to the registered voters in the area to be annexed. The Planning Director clarified that the reason the matter would be continued after the public hearing closed is ftfo-".~ because the voter registration signatures have to be verified. and the property owners address and assessed value must be determined. The Planning Director then presented the staff report dated June 7. 1988 which indicated the purpose of the public hearing was to receive public testimony in support of and in protest against the proposed annexation. In accordance with the California Environmental Quality Act. a Negative Declaration of Environmental Impact was filed for this annexation. Councilman Coronado commented that this procedure has been a waste of time and energy and expenditure of money when we don't know the annexation will take place. After further discussion of the annexation procedure. Councilman Kane1 suggested the public hearing be opened, viewpoints given as to the protest and then close the hearing and arrive at a conclusion. Mayor Arnold requested that a petition be circulated at this time for those in the audience who had not had an opportunity to sign and to indicate whether they are voters or property owners and the public hearing will not be closed unt i I all those who want to sign the petition did so. Mayor Arnold asked if anyone wished to speak in favor of the annexation. The following people spoke in favor of the annexation for guided development. sidewalks and street repair with a responsive agency involved. Mr. Frank Ybarra, 4755 Grace Avenue, Cypress r'-~ Mr. Jess Black. 5422 DeLong Street, Cypress Mr. Aaron Cole, 8672 LaSalle, Cypress Mayor Arnold asked if anyone wished to speak against the proposed annexation. The testimony continued, with the following people opposing the annexation because of reduced lot size, lack of consideration for farm animals and requested an extension of time to gather petition signatures. Ms. Laura A. Vieira. 8401 Denni, Cypress. Ms. Judy Ahrens, 8672 Belmont Street, Cypress, Dr. Gary Beck, 8322 Gay Street, Cypress, Mr. Robert Lile, 4902 Lincoln Avenue, Cypress, Mr. Larry Jordan, 8632 Belmont Street. Cypress, Ms. ,Joan Lile, 4902 Lincoln Avenue, Cypress, Mr. Edward Malsberg, 8451 Gay Street, Cypress. Mr. Victor Koenig, 5512 Cathy Circle, Cypress, owns property at 5521 Belmont Street, Cypress, Mr. Joe Vieira, 8401 Denni, Cypress, Ms. Ga i 1 Simonz, 8162 Gay street, Cypress, Mr. John Marcroft, 8291 Gay Street, Cypress, Mr. William Timl in, 8371 Gay Street, Cypress, Ms. Judith Kerr, 8282 Gay Street, Cypress, Ms. Michelle Thomas, 8242 Fontainbleau Way, Cypress, Mr. Robert L. Kerns. 8762 Grindlay, Cypress, - It was moved by Councilman Mullen and seconded by Councilman Davis to continue the public hearing to the meeting of June 27, 1988. Responding to Councilman Kanel, the City Attorney explained the state law provides the 15 days prior to the hearing for filing written protests; however, it also provides that until the hearing is concluded, written protests may be received. He further advised that the best indicator would be individual letters stating name, date, address and whether or not the person is a registered voter and whether or not they are a property owner. The motion carried by the following roll ca 11 vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold 5 ( / I City Council Minutes June 13. 198E251 NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCILMEMBERS: None Mayor Arnold explained that this entire matter has been delayed until the June 27. 1988 meeting where it will be discussed again thereby allowing approximately two additional weeks to acquire more signatures. RECESS: Mayor Arnold called a recess at 10:53 p.m. and reconvened the meeting at 11:00 p.m. CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-4. AIR CONDITIONERS ON ROOF. 9672 SALISBURY LANE: Mayor Arnold declared the public hearing open. The Planning Director summarized the staff report dated June 2. 1988, which represented a request by Robert J. Blackburn to vary from the Cypress Zoning Ordinance to allow two air conditioning units to remain on the roof of his existing home. In accordance with the California Environmental Quality Act, a 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 radius. Mayor Arnold asked if anyone wished to speak in favor of the application. Mr. Tom Justice, 9632 Salisbury Lane, Cypress. expressed his support of the project as there are other homes in the neighborhood with the same situation and air conditioners placed in the narrow side yards are a hazard. No one wished to speak in opposition to the 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 California Environmental Quality Act and adopt the Resolution by title only, title as follows, approving Variance No. 88-4 subject to two conditions. RESOLUTION NO. 3409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A REQUEST FOR A VARIANCE FROM SECTION 9.3.A OF THE CYPRESS ZONING ORDINANCE TO ALLOW TWO AIR CONDITIONING UNITS TO REMAIN ON THE ROOF AT 9672 SALISBURY LANE - VARIANCE NO. 88-4. The motion unanimously carried by the following rollcall vote: AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-5, EXISTING ROOM ADDITION. 10551 RITTER STREET: Mayor Arnold opened the hearing. The Planning Director presented a summarization of the staff report dated June 3, 1988, which represented an application to allow an existing room addition with a flat roof and encroachment into the side yard setback. In accordance with the California Environmental Quality Act, the proposed project has been determined to be categorically exempt, Class 3. Notices of the public hearing have been posted, published and mailed to al I property owners within a 300-foot radius. No one wished to speak in favor of or against the application. It was moved by Councilman Kanel and seconded by Councilman Mullen to close the public hearing and adopt the Resolution by title only, title as follows, approving Variance No. 88-5. RESOLUl ION NO. 3410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A REQUEST TO ALLOW AN EXISTING 240 SqUARE FOOT ROOM ADDITION WITH A FLAT ROOF AND ENCROACHMENT INTO THE SIDE YARD SETBACK AT 10551 RITTER STREET, IN AN RS-6,OOO RESIDENTIAL SINGLE-FAMILY ZONE - VARIANCE NO. 88-5. The motion unanimously carried by the following roll cal I vote: AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None 6 --- ----- :!~~City Council Minutes June 13. 1988 ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - K.M.A. SECURITY PATROL, 6330 LINCOLN AVENUE, #230, CYPRESS: Mayor Arnold opened the public hearing. The City Manager presented the staff report dated June 8. 1988 which indicated an application has been received for a Special Permit to conduct door-to-door solicitation for security services in the residential areas of the City from Mr. Alex Martinez, D.B.A.. K.M.A. Security Patrol. 6330 Lincoln Avenue, #230, Cypress. Mayor Arnold asked the applicant to speak. Mr. Alex Martinez, 6330 Lincoln Avenue, Ste. 230. Cypress. explained that his service is a new concept in the security industry and acts as an asset to the existing Police Department and requested Council's permission to offer this service to the residents of Cypress. After further discussion. Councilman Mullen asked the City Attorney if Council could condition the permit to forbid the use of firearms by the patrol service. The City Attorney read a portion of the Code that empowered the City Council to impose conditions to the permit. Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Mullen and seconded by Councilman Coronado to approve the Special Permit application subject to two conditions: 1) that the carrying of lethal weapons is forbidden and 2) that solicitation be permitted only during daylight hours. excluding Sundays and holidays. The applicant agreed to sign an agreement that lethal weapons will not be carried by K.M.A. Security Patrol. Mayor Arnold urged the Council to vote against the application because of health, welfare and safety of the City. She expressed concern with the uniform appearing to be identical to the Cypress Police Department and is strongly opposed to the program as presented this evening. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Mullen NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1988-89, CITY OF CYPRESS PROJECT NO. 8615-90: Mayor Arnold opened the public hearing. The Public Works Director presented the staff report dated June 1, 1988, which indicated the City Council adopted Resolution No. 3395 and set the public hearing for this evening to receive any protests to the 1988-89 assessment for the Center Landscape Maintenance District No. 1 in the Cypress Business Park. Mayor Arnold asked if anyone wished to speak for or against this modification. No one wished to do so. It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public hearing and adopt the Resolution by title only, title as follows, ordering the modification of Cypress Corporate Center Landscape Maintenance District No. 1 for the Fiscal Year 1988-89 pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION NO. 3411 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE MODIFICATION OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1988-89, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kane!, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None '7 City Council Minutes June 13. 1988253 CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-10. LANDSCAPE CONTRACTOR'S YARD AND OFFICE BUILDING. 8891 WATSON STREET: It was moved by Councilman Mullen and seconded by Councilman Davis to continue this application to the City Council meeting of June 27. 1988. The mot ion. unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF REQUEST FOR FINANCIAL SUPPORT FROM THE CYPRESS HIGH SCHOOL'S ACADEMIC BOOSTERS: The City Manager presented the staff report dated June 8, 1988, which described a communication from Jeannie Beckett on behalf of the Cypress High School's Academic Boosters requesting financial support in the amount of $1,650. It was moved by Councilman Mullen and seconded by Kanel to approve the request of the Cypress High School's Academic Boosters in the amount of $1.650. Councilman Coronado opposed the financial support and he had hoped the students would have approached the Council with a proposal to provide a service to the City to earn the money. Ms. Barbara Howell, 4452 Patricia Drive. Cypress, explained that the Academic Boosters is an organization of parents and volunteers. with very few student members, they do not fund raise and requested the City to help the students. Councilmembers Davis and Mullen commended and expressed their support of the program. Ms. Jeannie Beckett, 4068 Avenida Sevilla, Cypress, president of the Academic Boosters, stated that they were a group of parents working for all the children of Cypress. 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 CONTINUATION OF CONSIDERATION OF RE-CONSIDERATION OF PLACEMENT OF "ORAL & WRITTEN COMMUNICAfIONS - NOT ON THE AGENDA" SECTION ON THE AGENDA FOR CITY COUNCIL MEETINGS: Councilman Kanel made the suggestion to allow "Oral & Written Communications for Matters Not on the Agenda" to precede "Oral Communications for Matters on the Agenda" on the 7:30 Agenda. He advised there are people who want to speak for a few seconds to bring up some point and he felt it would be very helpful for those citizens who want to say a few words then leave. Councilman Mullen stated he would be supportive of this matter if it was stipulated that there was a one or two minute time limit on the speaker. Councilman Kanel agreed that the person should not speak more than two minutes at the most. It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt the Resolution by title only, title as follows, so that "Oral & Written Communications - Not on the Agenda" precede "Oral Communications For Matters on the 1:30 p.m. Agenda" on the 1:30 p.m. portion of the Agenda and would also remain on the Agenda just prior to Adjournment, with speakers limited to not more than two minutes. Mayor Arnold commented that there have been some problems in the past with non-agenda items, there has been difficulty in limiting the amount of time allotted to the speaker and there is ample time provided to allow the topic to be included on the next Agenda and did not support the action. RESOLUrION NO. 3412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING RESOLUTION NO. 3277 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Kanel and Mullen 8 -- 2Sai ty Counc i 1 Mi nutes June 13. 1988 NOES: 2 COUNCILMEMBERS: Davis and Arnold ABSENT: 0 COUNCILMEMBERS: None COUNCILMAN CORONADO LEFT THE MEETING AT 12:06 A.M. CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-10, SIZZLER NEON SIGN, 5735 LINCOLN AVENUE. CYPRESS: The Planning Director presented the staff report dated June 2. 1988 which represented a request for neon signage at the Sizzler Restaurant located at 5735 Lincoln Avenue in the Isacc Center. She stated that staff was advised by Council to bring requests for neon signage back to them on an individual basis until specific design guidelines can be adopted. It was moved by Councilman Mullen and seconded by Councilman Kanel to receive and file Design Review No. 88-10, subject to conditions. Councilman Davis commented that he is opposed to the neon signs, felt there is too much neon and does not support the recommendation. Councilman Kane1 expressed his support of the neon signage. Mayor Arnold asked if there were any possibility of the applicant agreeing to eliminate the neon strip around the entire building. Councilman Mullen agreed to amend his motion to eliminate the neon strip around the restaurant and Councilman Kanel concurred. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold NOES: 1 COUNCILMEMBERS: Davis ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-12. 3 DWELLING UNITS. 5321 BISHOP STREET: The Planning Director presented the staff report dated June 3, 1988 which is request to develop three dwelling units involving an improvement to an existing unit and construction of two new units. In accordance with the California Environmental Quality Act, a Negative Declaration of Environmental Impact will be filed for this project. Staff recommended approval of the project subject to conditions and the applicant agreed with the design review standards suggested by staff. It was moved by Councilman Mullen and seconded by Councilman Kanel to receive and file Design Review Committee No. 88-12. 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 CONSI DERATION Qf COMMENTS ON THE 1988/89 PREll MI NARY BUDGET: Mayor Arno 1 d asked if there were any comments or questions from the Councilmembers on the 1988/89 preliminary budget, There were none. CONSIDERATION Qf A NEW PUBLIC NUISANCE ORDINANCE: It was moved by Councilman Kane1 and seconded by Councilman Mullen to continue this item to the meeting of clune '2.7, 1988. 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 SCHEDULING ORAL INTERVIEWS OF APPLICANTS FOR THE CYPRESS CULTURAL ARTS COMMISSION AND THE CYPRESS RECREATION & COMMUNITY SERVICES COMMISSION: It was suggested by Councilman Kanel that this item be continued to the meeting of June 17, 1988 and, hearing no objection, Mayor Arnold so ordered. CONSI DERATI ON_OF. APPROVAL OF COMMERC IAL WARRANT LI ST FOR WARRANTS NO. 26655 - 26888: It was moved by Councilman Kanel and seconded by Councilman Mullen to approve the Warrant List for Warrant Nos. 26655 through 26888 in the amount of $733,811.07. The motion unanimously carried by the following roll call vote: AYES: 4 COLlNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COLlNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado 9 / City Council Minutes June 13, 1980!55 RECREATION & PARK DISTRICT MATTERS: CONSIDERATION OF SUPPORT OF "FRIENDS OF CYPRESS CULTURAL ARTS": Mayor Arnold suggested this item be continued to the City Council meeting of June 27. 1988 and hearing no objection. the Mayor so ordered. CONSIDERATION OF CYPRESS HERITAGE COMMITTEE PROJECTS: The Director of Recreation & Parks presented the staff report dated June 7, 1988, which indicated that the Cypress Heritage Committee has identified seven projects which are believed to be important to the development of a "Living Heritage" program for the children, youth and adults of Cypress. Responding to Councilman Davis, Recreation Supervisor Malcolm Johnson answered that there are a number of ways in which the programs can be funded and there could be a membership organization. Councilman Kanel mentioned this was a costly item, although well-intended and well-meaning, which might be a fund raising project of other organizations for a community-wide effort and all funds shouldn't come from the City Council. Ms. Joan Edwards, Heritage Committee Chairman, stated that community involvement is desired, but they need the support of the City Council and the two priorities are the survey and the ordinance. Councilman Mullen wanted the understanding that there be some flexibility because the program as presented may not be the one ultimately decided upon, community support has to be forthcoming and he will support the survey. It was moved by Councilman Kanel and seconded by Councilman Mullen that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, direct staff to prepare: 1) a Request for Proposal for a site survey of the remaining potentially historically significant structures in Cypress and adjacent unincorporated areas and a subsequent report of suggested procedures to guide the creation of a living history program of and for Cypress; 2) a draft for development of a Cypress Historical Preservation Ordinance; and 3) the Heritage Committee's list of proposed projects. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: ] COUNCILMEMBERS: Coronado RECESS: Mayor Arnold recessed the meeting at 12:36 a.m. in order for the Council to convene as the Cypress Redevelopment Agency. The meeting was called back to order at ]2:38 a.m. with all Councilmembers present, except Councilman Coronado. CONSIDERATION OF FORMING AN ADVISORY COMMITTEE ON CITY TRANSPORTATION ISSUES: The City Manager suggested continuing this item to the City Council meeting of ,lune 27, 1988 and hearing no objection, Mayor Arnold so ordered. CONSIDERATION OF AWARD OF FRANCHISE TO INSTALL AND MAINTAIN BUS SHELTERS AND BUS BENCHES IN_THE CITY OF CYPRESS: The Public Works Director presented the staff report dated June 5, ]988, which indicated that the City Clerk opened two bids on proposals to furnish, install and maintain advertising bus shelters and non-advertising bus benches throughout the City. After some discussion, Councilman Davis stated he would abstain because of present litigation with the bus shelter contractor who was not recommended by s ta ff. Mayor Arnold expressed her concern about the improbability of approving the contractor when the staff has indicated there has been difficulty with their performance. It was moved by Councilman Mullen and seconded by Councilman Kanel to award a franchise to Bustop Shelters of California, I nc. , 18007 Sky Park Circle, Ste. 02, Irvine, CA 92714 per the terms outlined in the report and direct the City . . Attorney and City Staff to prepare the necessary agreement for execution by the Mayor and City Clerk. Responding to Councilman Kanel, the Public Works Director answered that the City has controls up to the point of cancelling the agreement. Ms. Monica Prado, representing Jean-Claude LeRoyer of Bustop Shelters, stated that he would promise to clean the bus stop shelters every day for a period of 10 _.~- -_..~- City Council Minutes . 'June 13. 1988 256 30 to 60 days in order to establish the time cycle for their maintenance. The motion carried by the following roll call vote: AYES: 2 COUNCILMEMBERS: Kane1 and Mullen NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis The City Attorney advised that this item is not an ordinance. resolution or expenditure. which all require three votes; therefore, it only requires a majority vote of members present and the excused abstention would not be counted as an "Aye" vote and the motion fails. It was moved by Councilman Mullen and seconded by Councilman Kanel to continue this item to the June 27, 1988 Council meeting. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Kanel and Mullen NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis After further discussion. the City Attorney advised if the issue is not satisfactorily resolved by no action, it could be reconsidered at the next Council meeting if moved by either Mayor Arnold or Councilman Davis. Councilman Mullen requested that this item be placed on the next Agenda. In regard to Consideration of Award of Contract for the Parking Citation Management Program, and in response to Councilman Davis, Captain Krauss of the Cypress Police Department explained that steps have been taken to monitor and control the parking tickets that the PO does write and the monies collected. It was moved by Councilman Mullen and seconded by Councilman Davis to approve a contract for the parking citation management program with West Computil Corporation. 18700 Beach Blvd., Ste. 119, Huntington Beach, CA 92648 for the period July 1, 1988 through June 30, 1989. 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. The Public Works Director asked that Item #23, Consideration of Acceptance of Contract for Community Development Project, 12th Year Program, Danny Avenue Improvements, City of Cypress Project No. 8681-10, be removed from the Consent Calendar for further clarification. It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the Consent Calendar Items 9 through 25, excluding Item 23. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Item #9: Motion to Approve City Council Minutes of May 14, 1988, May 23, 1988, May 24, 1988, May 31, 1988, and June 6, 1988. Recommendation: That the City Council approve the Minutes of May 14, 1988 (with abstention votes by Councilmen Coronado and Mullen due to their absence), May 23, 1988, May 24, 1988, May 31, 1988, and June 6, 1988 (with abstention votes by Councilmen Coronado and Kanel due to their absence. 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 Attendance to the League of California Cities Mayors and Council Members Executive Forum. 11 City Council\~inutes June 13. 19~5'7 Recommendation: That the City Council authorize the attendance of any interested Council Members to the League of California Cities' Mayors and Council Members Executive Forum to be held on July 20 - 22. 1988. in Monterey. California, and be reimbursed for all actual and necessary expenses incurred. Item #12: Consideration of Claim Filed by David P. Turner. Attorney. on Behalf of Karen Ann Cresswell. 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 #13: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Lynn Cheung and Isana Nutolu & Phillip Nguyen Ha. D.B.A.. Chinese Garden. 11515 - 11517 Knott Avenue. Cypress. Recommendation: Receive and file. Item #14: Consideration of an Application for Alcoholic Beverage License Transfer Filed by McDonnell Douglas Realty Co. and Ramada Cypress. Inc.. D.B.A., Ramada Cypress, Inc.. 5865 Katella Avenue, Cypress. Recommendation: Receive and file. Item #15: Consideration of Resolution Commending Lieutenant John T. Schaefer for Receiving the "Jack Coler Memorial Award" from the California State University. Long Beach, School of Criminal Justice. Recommendation: That the City Council adopt the Resolution by title only. title as follows, recognizing Lieutenant John T. Schaefer for his outstanding professional and personal accomplishments. RESOLUTION NO. 3413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING LIEUTENANT JOHN T. SCHAEFER FOR HIS OUTSTANDING PROFESSIONAL AND PERSONAL ACCOMPLISHMENTS. Item #16: Consideration of a request to Support the Cypress College's National Invitational Basketball Tournament. Recommendation: That the City Council authorize an expenditure of $100 for a banner as outlined in the report for the sponsorship of the Cypress College's National Invitational Basketball Tournament. Item #17: Consideration of Renewal of Lease With the North Orange County Regional Occupational Program for Use of Portions of the Facility Located at 5172 Orange Avenue. Recommendation: That the City Council approve the one-year renewal of the existing lease between the City of Cypress and the North Orange County Regional Occupational Program for use of portions of the facility located at 5172 Orange Avenue, due to expire on June 30, 1989. Item #18: Consideration of Contract Change Order NO.2 for the Senior Housing Road Improvements, City of Cypress Project No. 8663-90. Recommendation: Receive and file. Item #19: Consideration of Employment Lists for the Positions of Police Officer Trainee, Police Dispatcher (Entry Level), and Police Dispatcher (Experienced). Recommendation: That the City Council certify the Employment Lists for the positions of Police Officer Trainee, Police Dispatcher (Entry Level). and Police Dispatcher (Experienced), as submitted. Item #20: Consideration of North County Community College District's Request for CATV Institutional Equipment Funding. Recommendation: That the City Council refer the request of the North Orange County Community College District to the Cypress CATV Commission, directing the Commission to make a recommendation on the request and report on the long- range goals of the fund balance. 12 ~.._-- City Council Minutes June 13, 1988 2~a Item #21: Consideration of Final Costs for Professional Engineering Services. City of Cypress Project No. 8754-90. Recommendation: That the City Council authorize an increase of $2.648.05 in the final amount due Smith-Emery Company, resulting in a final contract amount for inspection services for Project No. 8754-90 of $18.548.05. Item #22: Consideration of Annual Requalification of Participating Cities in the County of Orange Arterial Highway Financing Project (AHFP). Recommendation: That the City Council adopt a Resolution by title only. title as follows, informing the AHFP Advisory Committee that the Circulation Element of the Cypress General Plan conforms to the County Master Plan of Arterial Highways. RESOLUTION NO. 3414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMS TO THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. Item #24: 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 #25: Consideration of Acceptance of l.etter of Resignation from Cypress Senior Citizens Commissioner, Morris Spatz. Recommendation: That the City Council regretfully accept the resignation of Mr. Morris Spatz from the Cypress Senior Citizens Commission and appoint Alternate Member George Unan to fill the vacancy on the Commission. In regard to Consideration of Acceptance of Contract for Community Development Project, 12th Year Program, Danny Avenue Improvements, City of Cypress Project No. 8681-10, the Public Works Director corrected the cost sharing figures on the staff report dated June 6, 1988 as follows: H/CD Fund from $128,000 to $130,000 and the City of Cypress General Fund from $21,201.01 to $19,201.01. It was moved by Councilman Mullen and seconded by Councilman Davis to: 1 ) approve the final contract price of $149,201.01, to be paid to Inland Constructors, contractor for the project; 2) Accept the Community Development Project, 12th Year Program, Danny Avenue Improvements, City of Cypress Project No. 8681-10, as being satisfactorily completed in accordance with the Plans and Specifications; and 3) Authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in material or workmanship become evident, as corrected, The motion unanimously carried by the following roll ca 11 vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ORDINANCES: (Second Reading) It was moved by Councilman Mullen and seconded by Councilman Davis to order the following Ordinances read by title only, title dS follows, adopting the pre-annexation zoning. ORDINANCE NO. 799 SECOND READING OF 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 lONE, RM-20 RESIDENTIAL MULTIPLE-FAMILY lONE, MHP MOBILE HOME PARK ZONE, CH-LC COMMERCIAL HEAVY-LINCOLN AVENUE COMBINING lONE, AND PUBLIC AND SEMI-PUBLIC lONE, AND KNOWN AS ZONE CHANGE NO. 88-1. 13 -- ~~9 City Council Minutes June 13, 1988 ORDINANCE NO. 800 SECOND READING OF 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. 801 SECOND READING OF 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. 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 authorizing an amendment to the PERS contract. ORDINANCE NO. 802 SECOND READING OF AN 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: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado It was moved by Councilman Kanel and seconded by Councilman Mullen to order the following Ordinance read by title only. title as follows and to adopt the Ordinance designating the approved minutes as the official record of City Council proceedings. ORDINANCE NO. 803 SECOND READING OF 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: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ORAL COMMUNICATIONS: There were no oral communications. WRITTEN COMMUNICATIONS: The City Manager announced that there will be 42 industrialists/educators from the People's Republic of China visiting Cypress on Thursday. June 16. 1988. In regard to Consideration of Award of Franchise to Install and Maintain Bus Shelters and Bus Benches in the City of Cypress. the City Attorney explained that in a case where a tie is. not created. the abstention is not counted as a yes or no vote. but is counted for a quorum. The vote then is two to one. but it still requires a majority of those present. Councilman Davis asked if he left the meeting. could the item be acted upon and the City Attorney replied positively. After further discussion. Councilman Davis stated he would leave so that the Council could act on the bus shelters right now. COUNCILMAN DAVIS LEFT THE MEETING AT 1:05 A.M. 14 .,Z {, 0 City Council Minutes June 13. 1988 It was moved by Councilman Kanel and seconded by Councilman Mullen to reconsider the action on this item. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNClLMEMBERS: Coronado and Davis It was then moved by Councilman Mullen and seconded by Councilman Kanel to award a franchise to Bustop Shelters of California. Inc.. 18007 Sky Park Circle, Suite D2. Irvine. CA 92714 and direct the City Attorney and City Staff r:':"~ to prepare the necessary agreement for execution by the Mayor and City Clerk. The motion carried by the following roll call vote: AYES: 2 COUNCILMEMBERS: Kanel and Mullen NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 2 COUNCILMEMBERS: Coronado and Davis ADJOURNMENT: Mayor Arnold adjourned the meeting at 1:08 a.m. to Friday. June 17, 1988 at 8:00 p.m. in the Administrative Conference Room, 5275 Orange Avenue. Cypress, for matters of litigation and Consideration of Scheduling Oral Interviews of Applicants for the Cypress Cultural Arts Commission and the Cypress Recreation & Community Services Commission. ~~~~/ ATTEST: CI~?ilt~~ CYPRESS ~. ~,'<t'~ 15