Minutes 88-07-11
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MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
July 11, 1988
The regular meeting of the Cypress City Council was called to order at 5:45
p.m. on Monday, July 11, 1988, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Margaret Arnold presiding.
PRESENT: Councilmembers Davis, Kanel, Mullen and Arnold
ABSENT: Councilmember Coronado
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley and Hurst.
ORAL COMMUNICATIONS: No Oral Communications for Matters on the 5:30 P.M.
Agenda were presented.
CONTINUATION OF CONSIDERATION OF FORMING AN ADVISORY COMMITTEE ON CITY
TRANSPORTATION ISSUES: Mr. Essex presented the staff reports dated June 5.
June 20 and June 30, 1988, which indicated the City's Administrative
Coordinating Team concluded that it is timely for the City Council to consider
forming a working transportation committee comprised of staff, citizen and
business representatives with the goal of developing strategies to ensure that
Cypress has the most efficient and effective transportation system possible.
Councilman Davis asked if this advisory committee would interfere with the TMA
efforts that are developing since he did not want to contradict other
involvements and expressed his support for the proposal.
The Public Works Director reported that as the business park progresses, the
key issues of growth and traffic need to be addressed and the goal and
objectives were separate and distinct. Responding to Councilman Mullen, the
Public Works Director answered that once conclusions are reached, the
committee should be able to conclude its efforts.
After further discussion, the City Manager suggested that, if the Council
agrees with the basic concept and structure of the Committee, the staff will
return with a formal report on the Agenda with recommendations, including the
appointment process.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve
the TEAM plan regarding the proposed establishment of the Cypress
Transportation Advisory Committee and direct staff to return at a future
meeting with a specific proposal and the revised sequence of events. 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 AWARD OF CONTRACT FOR PURCHASE OF PLAYGROUND EQUIPMENT AND
ALLOCATION OF APPROPRIATION OF FUNDS FROM THE GENERAL FUND: A single bid was
received for the purchase of playground equipment to replace dangerous and
unsafe equipment that has been removed from RosenlAcacia Park.
It was moved by Councilman Mullen and seconded by Councilman Kanel that the
City Council, acting as the ex officio governing Board of Directors of the
Cypress Recreation and Park District: 1 ) dispense with formal competitive
bidding to City Code, Section 21-A-8F; and 2) appropriate $5,549 from the
District's General Fund to Account 4186-12-513-29 for the purchase of
playground equipment requested from Moore Recreation and Park Equipment, Inc.,
P.O. Box 3337, Thousand Oaks, CA 91359 and authorize the purchase of such
equipment. 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
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CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
It was moved by Councilman Kanel and seconded by Councilman Mullen to approve
the Consent Calendar Items 3 through 16. 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
Councilman Kanel informed the City Manager that he will be talking to him
about the inclusion of certain information in the Council Meeting Minutes.
Item #3: Motion to Approve City Council Minutes of the Regular Meeting of
June 13, 1988 (Continued from June 27, 1988 Council meeting), Adjourned
Regular Meeting of June 17, 1988 and the Regular Meeting of June 27, 1988.
Recommendation: That the City Council approve the Minutes of June 13, 1988,
June 17, 1988, and June 27, 1988, as submitted.
Item #4: Motion to Introduce andlor Adopt All Ordinances Presented For
Consideration by Title Only and to Waive Further Reading.
Item #5: Consideration of an Application for Alcoholic Beverage license
Transfer Filed by T L & W Technology, Inc., D.B.A., China Best Restaurant,
4756 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #6: Consideration of Attendance of the General Services Supervisor to
the National Federation of Local Cable Programmers Convention.
Recommendation: That the City Council authorize the attendance of General
Services Supervisor Howard Crisp to the National Federation of Local Cable
Programmers Convention to be held on July 14-16, 1988, in Tampa, Florida and
be reimbursed for all actual and necessary expenses incurred.
Item #7: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Basile Kitsinis and Jose Luis Pulido, D.B.A., Athenian
Burgers #4, 6012 Cerritos Avenue, Cypress.
Recommendation: That the City Council receive and file the application,
contingent upon the approvalldisapproval of Conditional Use Permit No. 88-12
scheduled for City Council's consideration at the meeting of July 11, 1988.
Item #8: Consideration of Authorization for the Public Works Director to
Attend the 1988 International Public Works Congress & Equipment Show.
Recommendation: That the City Council authorize the attendance of Public
Works Director Robert Beardsley to the 1988 International Public Works
Congress & Equipment Show scheduled for September 24-29, 1988, in Toronto,
Canada and be reimbursed for all actual and necessary expenses incurred.
Item #9: Consideration of City Council and Staff Attendance to the 90th
Annual Conference of the League of California Cities.
Recommendation: That the City Council authorize the attendance of interested
Council Members and staff to the 90th Annual Conference of the League of
California Cities to be held in San Diego on October 16-19, 1988.
Item #10: Consideration of Employment List - Police Officer (Lateral Entry).
Recommendation: That the City Council certify the Employment List for the
position of Police Officer as submitted.
Item #11: Consideration of Revised Applications for Street Rehabilitation
Grant Projects Under the Federal Aid Urban (FAU) and Orange County Unified
Transportation Trust (OCUTT) Fund Programs, City of Cypress Project Nos. 8855-
10, 8857-10, 8858-10 and 8859-10.
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Recommendation: That the City Council adopt the Resolution by title only.
title as follows. amending the project applications for street rehabilitation
grant projects under the Federal Aid Urban (FAU) and Orange County Unified
Transportation Trust (OCUTT) Fund Programs, as described in the report.
RESOLUTION NO. 3423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
RESOLUTION NO. 3380 AND REQUESTING THE ORANGE COUNTY TRANSPORTATION
COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION
TRUST (OCUTT) FUND PROGRAM AND THE FEDERAL AID URBAN (FAU) PROGRAM THE
IMPROVEMENT OF VALLEY VIEW STREET, ORANGE AVENUE AND LINCOLN AVENUE.
Item #12: Consideration of Recommendations of the Traffic Commission Meeting
of June 21, 1988.
Recommendation: That the City Council adopt a Resolution by title only, title
as follows, establishing an additional 40' of "No Parking Anytime", adjacent
to the existing 60' of "No Parking Anytime", providing a total of 100' of "No
Parking Anytime" on the south side of Orange Avenue, west of Graham Street,
and 1) approve the number, location and conceptual design of the directional
guide signs; 2) allocate $760 from the General Fund balance to Account No.
4111-11-214-08 to fund the cost of the new signs; and 3) authorize staff to
proceed with the purchase and installation of the guide signs.
RESOLUTION NO. 3424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING 40'
OF "NO PARKING ANYTIME" ADJACENT TO EXISTING 60' OF "NO PARKING
ANYTIME", PROVIDING A TOTAL OF 100' OF "NO PARKING ANYTIME" ON THE SOUTH
SIDE OF ORANGE AVENUE, WEST OF GRAHAM STREET.
Item #13: Consideration of Status of Weed Abatement on Vacant Land
Surrounding the Los Alamitos Race Track.
Recommendation: Receive and file.
Item #14: Continuation of Consideration of Cable Television Commission's
Quarterly Report.
Recommendation: That the City Council refer this matter back to the Cable
Television Commission for a further report to be presented to the City Council
at its meeting of July 25, 1988.
Item #15: Consideration of Request for Support from WeTip, Inc.
Recommendation: That the City Council receive and file the request from
WeTip, Inc. and refer it to our community organizations for their
consideration.
Recreation & Park District Matters:
Item #16: Consideration of Donation of Fund From the American Legion
Auxiliary, Cypress Unit #295, District 29.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, formally
accept the donation in the amount of $100.00 from the American Legion
Auxiliary and appropriate $100.00 from the Cypress Recreation and Park
District's General Fund to Account #4104-12-307-10 for use in the tutorial
program.
ORDINANCES: Second Reading
It was moved by Councilman Mullen and seconded by Councilman Davis to order
the following Ordinance read by title only, title as follows, adopting the
amendment to the hazardous or unsanitary conditions section of the code.
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ORDINANCE NO. 804
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING CHAPTER 13, "ARTICLE III, SECTIONS 13-13 TO 13-20
INCLUSIVE, "HAZARDOUS OR UNSANITARY CONDITIONS" OF THE CODE OF THE CITY
OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None r-"':~.
ABSENT: 1 COUNCILMEMBERS: Coronado
EXECUTIVE SESSION: At 6:01 p.m., Mayor Arnold called an Executive Session for
matters of personnel and litigation and reconvened the meeting at 7:45 p.m.
with all Councilmembers present, except Councilman Coronado, and staff members
Beardsley, DeCarlo, Hurst, Leonard, Lowenberg and Zimmerman present.
The City Manager recapped the items and actions taken during the 5:30 p.m.
portion of the Agenda.
The City Attorney summarized the discussions during the Executive Session at
which time personnel matters were discussed with no action taken; Hollywood
Park Realty versus the City of Cypress wherein intense discussions and
negotiations have occurred. Co-counsel Greenberg reported that all the
parties have been meeting consistently in an attempt to establish a procedure
I that would be satisfactory to everyone to resolve the issues. He further
i advised that a statement was drafted by all parties revealing the status of
i negotiations. The Mayor then read the press release.
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PLEDGE OF ALLEGIANCE: Councilman Davis led the pledge.
PRESENTATIONS: Mayor Arnold presented commemorative plaques to former
Commissioners, Elsie Carruthers, Traffic Commission and Morrie Spatz, Senior
Citizens Commission, who resigned their respective positions because of their
appointments to the Orange County Grand Jury.
The Chairman of the Heritage Committee, Joan Edwards, presented two framed
photographs of old Cypress, which were made available to the City by the
Wicker sisters, to the Cypress librarian, Carol Davis.
The Chairman of the Cultural Arts Commission, Irene Hornby, introduced Molly
Munch, representing The Fieldstone Corporation, who presented Michele Brooks,
Cypress High School graduate, with a $2500 visual arts scholarship.
The members of the City Council were presented with 1988 Community Festival
memorabilia--T-shirts, Festival pins and ribbons--by Mr. George Hallack,
Chairman of the Festival Steering Committee.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M, Agenda. Mayor Arnold
commented that there were many favorable comments received about the very
successful Tri-Cities 4th of July Celebration.
ORAL COMMUNICATIONS: For Matters on the 7:30 P.M. Agenda. The City Manager
announced that the Planning Director, Chris Eynon, gave birth to a 7 lb 9 oz
baby girl, Jacqueline Nicole on Saturday, July 9. He then introduced the
Interim Planning Director Charles "Chuck" Zimmerman substituting during Mrs.
Eynon's absence.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-12.
ATHENIAN BURGER RESTAURANT WITH BEER & WINE. 6012 CERRITOS AVENUE: Mayor
Arnold opened the public hearing. The Interim Planning Director presented the
staff report dated July 5, 1988 which represented a request to open an
Athenian Burger restaurant with onsite beer and wine sales. The proposed
restaurant is located at 6012 Cerritos Avenue. In accordance with the
California Environmental Quality Act, a Negative Declaration will be filed for
thi s project. Notices of this public hearing were posted, published and
mailed to property owners within a 300-foot radius of the subject property.
He drew Council's attention to Condition 11 which addresses a solution to
parking problem in the center that may result from the restaurant's operation.
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The applicant, Jose Pulido, 8511 La Palma Avenue, Buena Park. stated this 279
establishment would be his third restaurant with a beer and wine license and
was ready to respond to any questions from the Council.
No one wished to speak in support or opposition to the application.
It was moved by Councilman Mullen and seconded by Councilman Kanel to certify
the Negative Declaration as prepared according to the requirements of the
California Environmental Quality Act and adopt the Resolution by title only,
title as follows, approving Conditional Use Permit No. 88-12 subject to
conditions.
RESOLUTION NO. 3425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-12 - WITH CONDITIONS.
Councilman Davis expressed concern about the number of parking spaces that
might be necessary in the future if both the automobile businesses and
restaurant were successful. He felt it would be difficult for the City to
determine that the lack of parking spaces was the sole responsibility of this
business and; therefore, felt that the City might possibly be shooting in the
dark on this issue. Councilman Kanel indicated that the problem would be
mitigated to some extent by the different hours of operation of the restaurant
and the automobile service establishments. He did not feel that the problem
would reach the point where the City Council would have to take any further
action, although the business property owner may have to review the parking
needs in the future.
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
CONTINUATION OF CONSIDERATION OF ANNEXATION NO. 88-1 - FINDINGS FROM THE
PROTEST HEARING CONDUCTED ON JUNE 13. 1988. ORANGE COUNTY UNINCORPORATED
TERRITORY. NORTH OF THE CYPRESS CITY BOUNDARIES AND SOUTH OF THE LA PALMA CITY
BOUNDARIES: The City Manager reported that at the last meeting, staff was
requested to verify the signatures of both the registered voters and the
property owners in the subject annexation area. The County Registrar of
Voters has verified the signatures of 140 registered voters on the petition,
which is approximately 14% of the total and is less than that required for an
election. He further reported that the property owner petition signatures are
being checked to determine the degree of assessed valuation that those
signatures represent and we have not been able to complete that task. He
recommended this matter be continued to the meeting of July 25 when the final
verification of the assessed valuation protest will be available.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue
this item to July 25, 1988. At the request of Councilman Kanel, the City
Attorney explained the annexation procedure and the possibilities resulting
from the petition count. Councilman Davis mentioned that if assessed
valuation protest is below 25%, the annexation is effective and the City
Council makes no determination in the matter, 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
CONTINUATION OF CONSIDERATION OF CONTRACT WITH ROBERT BEIN. WILLIAM FROST AND
ASSOCIATES. ADDENDUM #3: The City Manager presented the staff report dated
July 5, 1988 which confirmed that Texaco will pay an equal share of the costs
to have Hydrotech continue review of the site remediation plans, sample
testing and monitoring during site cleanup.
It was moved by Councilman Mullen and seconded by Councilman Kanel to
authorize further services by Hydrotech Consultants, Inc. to be paid as
follows: Texaco Refining and Marketing, Inc. - $14,500; City of Cypress -
$14,500; and appropriate $14,500 from the general fund to Account #4189-11-
192.06. The motion unanimously carried by the following roll call vote:
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AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF RESOLUTION TO SET A PUBLIC HEARING FOR A
PROPOSED PARCEL MERGER ORDINANCE: Councilman Davis mentioned that he
requested the delay so he could discuss this with the staff and obtain a
better understanding of the matter. He advised that he has not had an
opportunity for the discussion and requested continuation of this matter. The
City Manager advised that staff had requested a continuation to the August 8 ftf.,..
meeting.
It was moved by Councilman Davis and seconded by Councilman Mullen to continue
this item to August 8, 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 COUNCILMEHBERS: Coronado
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-7. SECOND SINGLE-FAHILY
DWELLING. 5562 SAINT ANN AVENUE. CYPRESS: The Interim Planning Director
recapped the staff report dated July 5, 1988 which represented a request to
construct a second single-family dwelling in addition to an existing one
located at 5562 Saint Ann Avenue. In accordance with the California
Environmental Quality Act. a Negative Declaration will be filed for this
project. Councilman Davis asked for clarification on the two standard garages
attached to the proposed dwelling. The staff planner explained that the
second dwelling unit has two 2-car garages which will be used by the occupants
of both dwellings to meet current codes,
It was moved by Councilman Kanel and seconded by Councilman Mullen to certify
the negative declaration in accordance with the requirements of the California
Environmental Quality Act and receive and file Design Review Committee No. 88-
7, subject to conditions. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-17. SIX SINGLE-FAMILY HOMES.
4342 ACACIA STREET. CYPRESS: The Interim Planning Director summarized the
staff report dated July 5, 1988 which represented a request to construct six
single-family homes. The subject property is located at the north end of
Acacia Street. In accordance with the California Environmental Quality Act, a
Negative Declaration will be filed for this project.
It was moved by Councilman Mullen and seconded by Councilman Kanel to certify
the Negative Declaration in accordance with the requirements of the California
Environmental Quality Act; receive and file Design Review Committee No. 88-17,
subject to conditions. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILHEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF APPOINTMENTS TO THE CYPRESS RECREATION & COMMUNITY SERVICES '''''.'.'>-:'''-"
COMMISSION: Mayor Arnold suggested that this item be continued to the meeting
of July 25, 1988, It was moved by Councilman Mullen and seconded by
Councilman Davis to continue this matter to July 25. Councilman Kanel
commented that Councilman Davis brought up the fact that all Councilmembers
did not submit the five names required for vote weighting purposes and this
item is being continued to complete the vote. 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
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CONSIDERATION OF LIABILITY INSURANCE COVERAGES FOR THE COMMUNITY FESTIVAL:
The City Manager referred to the staff report dated July 11, 1988, which
indicated the broker has secured improved terms and conditions on general
liability and liquor liability coverage and a reduced premium on the general
liability coverage through the following companies:
Western Heritage Insurance (general) $1 ,389
Illinois Insurance Exchange (liquor) $1 ,289
It was moved by Councilman Mullen and seconded by Councilman Davis to
authorize the purchase of the liability insurance policies for the Community
Festival as stated above. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILHEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27135 -
27413: It was moved by Councilman Mullen and seconded by Councilman Kanel to
approve the Warrant List for Warrant Nos. 27135 through 27413 in the amount of
$802,533.13. 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 APPOINTMENTS TO THE CYPRESS CULTURAL ARTS COMMISSION: The
City Manager suggested that this matter be continued to the July 25, 1988
meeting. It was moved by Councilman Davis and seconded by Councilman Mullen
to continue this item to July 25. The motion was unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
RECREATION & PARK DISTRICT MATTERS:
CONTINUATION OF CONSIDERATION OF CONTRACT AGREEMENT WITH ORANGE COUNTY
DEVELOPMENT AGENCY: The City Manager presented the staff report dated June
27, 1988. which indicated the wording of the agreement has been revised by the
Orange County Development Agency to an acceptable format as requested by
Councilman Davis. It was moved by Councilman Davis 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, approve the Fiscal
Agreement with the Orange County Development Agency for Tax Increment Pass
Through.
The City Attorney mentioned that in Section 4, the following additions were
made: in the first paragraph, insert an "A" at the beginning of the first
line; on page 4, insert "B" before "For the purposes of this Section 4..." and
on page 5, second paragraph, insert "C" before "In the event the Agency
fails..." to eliminate any ambiguity. Councilman Davis amended his motion,
and Councilman Mullen agreed, to reflect the City Attorney's suggestions. 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: For Matters Not on the Agenda. Councilman Kanel
referred to the copy of the map submitted to the City by SDC and asked about
the changes. The City Manager stated that the map was given to the Council as
a matter of information and is the map the consultants will analyze.
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WRITTEN COMMUN(CATIOIS: For Hatters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 8:45 p.m.
ATTEST: '*'~.
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