Minutes 89-03-27
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MINUTES OF REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
March 27, 1989
The regular meeting of the Cypress City Council was called to order at 5:45
p.m. on Monday, March 27, 1989, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Pro Tem Kanel presiding.
PRESENT Councilmembers Age, Arnold, Kerry and Kanel
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, Hurst and Leonard.
EXECUTIVE SESSION: Mayor Pro Tem Kanel called an Executive Session at 5:46
p.m. to discuss matters of personnel and litigation. The meeting reconvened
at 7:44 p.m. with all Councilmembers present. Also present were staff members
Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry.
PRESENTATIONS: Mayor Pro Tern Kanel presented outgoing Senior Citizen
Commissioners Eunice Berlin, Grace Lachina and Arloine Newton with Community
Service Plaques and thanked them for their effort and dedication.
Certificates of Appointment and congratulations were extended by Mayor Pro Tern
Kanel to the newly-appointed Recreation & Community Service Commissioner Nancy
Trainer and Senior Citizens Commissioners Mary Dobrick and Verna Dodson.
Mayor Pro Tem Kanel announced that Bobbie Bloch was the recipient of the 1989
Outstanding Contribution to the Arts Award sponsored by the Cypress Cultural
Arts Commission, congratulated her and presented her with a Mayor's
Proclamation.
The City Manager advised that during the 5:30 portion of the meeting, the
Council adjourned to an Executive Session for matters of personnel and
litigation and he called upon the City Attorney for summation. ~
The City Attorney summarized the discussions of three items: property
negotiations in the Civic Center area; management and mid-management salaries;
litigation regarding Los Caballeros vs. the City, which has been dismissed;
and the status of the appeal in the Hollywood Park litigation matter.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda:
Ms. Madge Hamlin, Tanglewood, asked the status of the Los Alamitos Race
Track/Cypress Downs litigation, which was explained by the City Attorney.
Councilmember Arnold commented that the Cypress Police Department deserves
special recognition for the excellent manner in which they handled the anti-
abortion demonstration in Cypress on March 23.
ORAL COMMUNICATIONS: For Claritication of Matters on the 7:30 p.m. Agenda:
Ms. Cecilia Henderson, 4822 Ashbury Avenue, Cypress, asked if the Kids' Corner
Pre-school program could be moved forward on the Agenda. Mayor Pro Tern Kanel
asked the Recreation and Park Director to provide an overview of the
recommendations, which suggested an additional morning program at Eucalyptus
Park.
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 89-1. REDUCED REAR YARD OPEN
AR~ 6604 TEAKWOOD. CYPRESS: Mayor Pro Tem Kanel opened the public hearing.
The Planning Director presented the staff report dated March 16, 1989, which
represented an application for a variance from Section 9.2.B8 of the City of
Cypress Zoning Ordinance for an enclosed patio structure to allow a minimum of
772 square feet in the rear yard open area. In accordance with the
requirements of the California Environmental Quality Act, the proposed project
has been determined to be categorically exempt. Notices of this public
hearing have been posted, published and mailed to all property owners within a
300 foot radius.
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City Council Minutes March 27, 1989
Mayor Pro Tem Kanel asked if the applicant were present and Mr. Serrano was
acknowledged but did not wish to speak. No one wished to speak in support or
opposition to the application.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing, and approve Variance No. 89-1, subject to
conditions. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-4, FUJI
FILM DISTRIBUTION CENTER INCLUDING TRUCK LOADING DOCKS FACING A NON-ARTERIAL
STREET. 6200 PHYLLIS DRIVE. CYPRESS: The public hearing was opened by Mayor
Pro Tem Kanel. The Planning Director presented the staff report dated March
21, 1989, which represented a request to construct a 202,000 square foot Fuji
Film distribution center including a truck loading dock facing a non-arterial
street located at 6200 Phyllis Drive. In accordance with the California
Environmental Quality Act, a Notice of Negative Declaration of Environmental
Impact will be filed for this project. It was noted that there was a
correction to the staff report regarding the width of the berm, which should
be "3S-foot w;de" rather than "40-foot". The applicant has indicated that
they wish to work with staff on the modification of the truck limitation
condition of a maximum of 25 per day. Notices of this publ ic hearing were
published, posted and mailed to all property owners within a 300-foot radius.
The Planning Director advised that Condition #3 be deleted as it is a
repetitive condition. Condition #24, which deals with the maximum building
height and the application of screening equipment and also Condition #46,
which addresses the maximum number of trucks, are to be removed and returned
to the Council at the meeting of April 10 under the Consent Calendar.
Staff also provided additional written conditions of approval, #55 and #56,
which have to do with the actual monitoring of mitigation measures required in
the EIR. The Public Works Department has asked that the last line in
(undition #1 be modified to read: "A parcel map shall be recorded prior to
relea::,e or the Cert ;(fcate of Occupancy for the project."
After some discussion, the City Attorney advised that the Council would be
approving the use permit tonight with the exception of two conditions, which
wil I be presented at the next meeting.
Mr. Mark Armbruster, representing Cypress Land Company, 2029 Century Park
Ea'st, Los Angeles, was agreeable to addressing these two conditions with the
staff .
The Plallning Director suggested that the two conditions be subject to the
approval of the Design Review Committee and not brought back to the Council.
Mr. Brian Harvey, Cypress Land Company, volunteered to answer any questions
from the Council.
Responding to Councilmember Kerry, Mr. David Widener, Nadell Partnership,
explained that to accommodate meandering sidewalks and a berm would be
difficult to accomplish without more right-of-way.
No one else wished to speak in support of or opposition to the project.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the public hearing, certify the Negative Declaration in accordance with the
M requirements of the California Environmental Quality Act, approve Conditional
Use Permit No. 89-4, subject to conditions, with conditions #24 and #46 to be
approved by the Design Review Committee. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COllNCILMU1BERS: None
ABSENT: 0 COllNCILMEMBERS: None
CONSIDERATION OF TAX-SHARING AGREEMENTS FOR CIVIC CENTER REDEVELOPMENT
PROJECT, AMENDMENT NO. I : The City Manager summarized the report which
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City Council Minutes March 27, 1989
indicated that, as part of the Redevelopment Plan process, there have been
meetings with several of the taxing agencies about tax increment sharing from
which several agreements have been developed. In addition to the
recommendations, there was a m~morandum of understanding developed with the
Cypress Elementary School District and he summarized that memorandum.
Mr. Brice Russell, GRC Redevelopment Consultant, 150 West First Street,
Claremont, stated that these items are consistent with the past reports to the
Council and they alleviate financial burden or detriment caused by the project
and leave the agency sufficient funds to adequately carry out its program. ............
Responding to Councilmember Kerry, Mr. Bill Calton, Superintendent of the
Cypress School District, answered that the teacher to student ratio of 1 to
23-25 is within the School District's proposal.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
approve and adopt the tax sharing agreements, including the Memorandum of
Understanding between the Agency and the Cypress School District and authorize
the Mayor to sign the agreements and direct the City Clerk to send the
executed copies to the respective affected taxing agencies. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Pro Tern Kanel recessed the meeting a1 8:48 p.m. to act as the
Cypress Redevelopment AJency. The City Council meeting reconvened a1 8:51 for
a joint meeting with the Cypress Redevelopment Agency.
CONSIDERATION OF A JOINT PUBLIC HEARING WITH THE CYPRESS REDEVELOPMENT AGENCY
AND THE CITY COUNCIL, R~GARDING ADOPTING THE ORDINANCE APPROVING THE
REDEVELOPMENT PLAN FOR fHE CIVIC CENTER REDEVELOPMENT PROJECT, AMENDMENT NO.
1: Mayor Pro Tern Kanel announced that now is the time and place for the joint
public hearing of the City Council of the City of Cypress and the Cypress -
Redevelopment Agency on the proposed Redevelopment Plan for the Civic Center
Redevelopment Project Amendment No. 1 and declared the City Council pub 1 i c
hearing open and as Vice Chairman of the Redevelopment Agency declared the -'-I:
Redevelopment Agency public hearing open also. He listed the documents
cuntained in the record and the Executive Director of the Redevelopment Agency
introduced the Redevelopment Agency staff members and called upon Mr. Brice
Russell, GRC Redevelopment Consultants, for his presentation.
Mr. Russe 11 stated that the key evidentiary document for the amendment is the
Agency's report to the City Council. He briefly summarized the content of the
report and the addition of the Texaco Tank farm to the project area. Specific
remediation of on-site :ontamination is included as an appendix to the report
and summaries of the imlact on all affected taxing agencies are also included
in the report. Staff b~lieves that the proposed project, when all pu b 1 i c
improvements and facili ties have been constructed, will have a beneficial
effect on the community and will enhance traffic circulation, environmental
quality, the availability of community facilities and services and improve the
1 oca 1 tax base.
Responding to Mayor Pro Tern Kanel, the City Clerk has received no written
communication in favor of the Redevelopment Plan.
Mayor Pro Tern Kanel asked if anyone wished to speak in favor of the proposed
amendment to the Redevelopment Plan.
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Mr. Bi 11 Calton, Superintendent of the Cypress School District, 9470 Moody
Street, Cypress, speaking on behalf of the Board of Trustees, expressed their -
appreciation to the Agency, the City Council and thf' staff for working with
the school district not only to mitigate their conCErns but also provide an
opportunity to work for the community to realize long-term goals.
Mayor Pro Tem Kanel asked if the City Clerk had received any written
communication opposing Lhe proposed amendment to the redevelopment plan and
none were received.
Mayor Pro Tern Kane] asked if anyone wished to speak in opposition to the
proposed amendment to the Redevelopment Plan.
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City Council Minutes March 27, 1989 29
Mr. Terry Kerr, Area Manager, Southern California Edison, 1851 W. Valencia.
Fullerton. stated that a request had been made to exclude the Edison property
at the corner of Moody and Orange from the Redevelopment Amendment No. 1. He
further stated that if this is not possible, he asked that a Certificate of
Conformance be issued for that property. The first preference is. of course.
to be excluded from the plan.
The City Clerk advised that staff felt that the Edison property was a logical
extension of the redevelopment project area and as long as the property is
~ being used as it is now, the City would have no interest in pursuing any
additional uses so a Certificate of Conformance is an appropriate request.
" Mr. Kerr re,ld the wording of the Certificate into the record and the complete
text is on file in the City Clerk's office.
Mayor Pro Tern Kanel asked if anyone wished to comment on the addendum to the
environmental impact report proposed on the Sorrento Planned Residential
Development. No one wished to do so.
Mayor Pro Tern Kanel declared the public hearing closed and, as Agency Vice
Chairman, declared the Redevelopment Agency public hearing closed.
Mr. Russell advised that the remaining order of business would be for the
staff to answer questions from the Councilmembers, then the meeting of the
Agency may be adjourned and there will then be two items remaining for the
City Council to consider.
It was moved by Agency Member Arnold and seconded by Agency Member Age to
approve the Certificate of Conformance for Southern California Edison Company.
The motion unanimously carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
Agency Chairman Kanel recessed the Redevelopment Agency portion of th,' joint
meeting at 9:16 p.m. and reconvened the City Council meeting with all
Councilmembers present.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, certifying the Addendum
to the Environmental Impact Report on the Redevelopment Plan for the Civic
Center Redevelopment Project, Amendment No. 1.
RESOLUTION NO. 3542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT. AMENDMENT
NO. 1 AND CERTIFYING THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve the first reading of the Ordinance by title only, title as follows,
adopting the Redevelopment Plan for the Civic Center Redevelopment Project,
Amendment No. 1.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND
ADOPTING THE REDEVELOPMENT PLAN FOR THE CIVIC tENTER REDEVELOPMENT
PROJECT, AMENDMENT NO. 1.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, KI'rry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes March 27, 1989
CONSIDERATION OF EXPANDING FACILITIES FOR THE KIDS CORNER PROGRAM: This item
was discussed previously and hearing no objection from the Council, Mayor Pro
Tem Kanel asked for any additional questions from the audience. The staff
report dated March 15, 1989 indicated that staff has considered alternatives
to help mitigate potential future growth concerns. There is potential use of
the Eucalyptus Park building facility for this morning time period and the
Texaco Park site could accommodat.e an additional building.
Ms. Cecilia Henderson asked for additional information from the Recreation and
Park District on the expanded Kids' Corner program prior to the next meeting.
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After some discussion, Mayor Pro Tern Kanel suggested continuing this item to
the meeting of April 10, to provide the requested information and hearing no
objections, he so ordered.
RECESS: Mayor Pro Tern Kanel called a reces~ at 9:23 p.m. and reconvened the
meeting at 9:31 p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT OF DEVELOPMENT AGREEMENT NO.
82-1. CYPRESS CORPORATE CENTER: Mayor Pro Tern Kanel opened the public
hearing. The staff report dated March 21, 1989 indicated that the property
owner has requested that the subject item be continued to April 10, 1989.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
continue this item to April 10, ]98. The motion unanimously carried by the
following roll ca 11 vote:
AYES: 4 COUNCILMEMBFRS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF TOP MANAGEMENT AND MID-MANAGEMENT SALARIES:
The City Manager advised that the recommendation on this item is that staff
review the salary resolutions and returrl to the next meeting with additional
input.. --
It was moved by Councilmember Age and seconded by Councilmember Kerry to
direct staff to review the salary resolutions, provi~e additional input dnd
present this item at the meeting of April 10, 1989. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMIMBERS: A0e, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF INTERVIEWS FOR CITY COUNCIL MEMBER VACANCY
APPOINTMENT: The City Manager reported that 14 applications had been received
for the existing City Council vacancy. Mayor Pro Tern Kanel mentioned that it
had been previously discussed that Ihur',day, March 30 was tentatively
scheduled as the date to conduct interviews.
Councilmember Age suggested that arrang~'ment.s be made so the interview process
could be shown on cable television. Mayor Pro Tem Kanel stated that he didn"t
believe he would be in favor of rableca.,ting the interviews. Councilmember
Age stated that t.he citizens hav€' a rigtlt to hear what was said during the
interviews. Councilmember Arnold commented that she didn"t see any reason why
the Council wouldn"t want the interview', televised. Councilmember Kerry
stated her concern was ho~ the interviews could be televised, but she had no
objection to cablecasting them. Mayor f'ro Tern Kanel commented that he would
be dsking the candidates some tough que~tions and was concerned about possible ....
responses. Responding to Mayor Pro Tern Kanel, Councilmember Age stated she
would not sug'lest that Commission interviews be televised, but the City ,;.OUi
Counc i 1 seat s a very important. position and it should be t.elevised.
Councilmember Arnold voiced her support of televised interviews and the
importance to the cit.izens of Cypress.
After further discussion, it was decided that t.he interviews would be 20
minutes for each applicant, st.art. at 4:00 p.m., dinner break at 6:20 p.m. and
reconvene at 7:00 p.m.
Councilmember Kerry suggest.ed that the interviews be taped that. evening arld
then shown to the publ ic at a later date. Councilmembers A~e and Arnuld
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City Council Minutes March 27, 1989
concurred with this suggestion. Mayor Pro Tern Kanel indicated that after the
interviews are concluded, he would not be prepared to give consideration to an
appointment that evening. He suggested the item be placed on the April 10
Agenda for discussion. Councilmember Age suggested the possibility of
discussing this item sooner than the next regular meeting and does not have a
problem with conducting a special Council meeting. Mayor Pro Tem Kanel
suggested discussing this matter on the evening of March 30 after the
interviews.
After further discussion, Councilmember Age remarked that the people need to
realize that they are asking the City to spend $25,000 for a special election
for a position lasting one and one-half years. Mayor Pro Tern Kanel stated
that if this Council can agree on a candidate, fine, but if they can't, he
doesn't want a barrier created by the amount of money the special election
costs.
After further discussion, Mayor Pro Tem Kanel stated he would tentatively
agree to scheduling a meeting for April 3 and reaching a definite schedule at
the meeting of March 30.
CONSIDERATION OF CHANGE ORDER NO. 1 FOR THE IMPROVEMENT OF THE NORTH SIDE OF
KATELLA AVENUE, FROM VALLEY VIEW STREET TO HOLDER STREET, CITY OF CYPRESS
PROJECT NO. 8609: The Public Works Director presented the staff report dated
March 15, 1989, which indicated it was determined that a low retaining wall
would be necessary for which the change order was written and a proposal
submitted by the contractor to construct the wall and related work.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve the construction of the retaining wall and appJrtenant work as
specified in Contract Change Order No. 1; authorize tr~nsfer of $27,448.00
from the Business Park Traffic Impact Mitigation Fee Fund No. 24 to Account
No. 54186-22-401-21; and approve Contract Change Order No. 1 to Project No,
8609, Improvement of the North Side of Katella Avenue, from Valley View Street
to Holder Street, authorizing the Mayor to execute the change order on behalf
of the City Council. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNC lL MEMBERS: None
CONSIDERATION OF ACTION ON THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN
(HWMP). AND FINAL ENVIRONMENTAL IMPACT REPORT (EIR): The staff report dated
~larch 17, 1989 was presented by the Public Works Administrative Analyst, who
indicated that the purpose of the County Hazardous Waste Management Plan
(HWMP) is to provide a more effective framework for managing the County's
hazardous waste, including policy di~ection and action programs. The Plan
must be approved by a majority of the cities within the county before the plan
is submitted to the State Department of Health Services for approval. The
Administrative Analyst provided explanations and answered questions posed by
the Counc i 1 .
It was moved by Councilmember Age and seconded by Councilmember Arnold to
certify the Negative Declaration as prepared in accordance with the
requirements of the California Environmental Quality Act as being complete and
adequate and adopt the Resolution by title only, title as follows, approving
the Orange County Hazardous Waste Management Plan.
RESOLUTION NO. 3543
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CERTIFYING AS
COMPLETE AND ADEQUATE THE COUNTY OF ORANGE FINAL PROGRAM ENVIRONMENTAL
IMPACT REPORT NO. 490 FOR THE COUNTY OF ORANGE HAZARDOUS WASTE
MANAGEMENT PLAN AND APPROVING fHE COUNTY OF ORANGE HAZARDOUS WASTE
MANAGEMENT PLAN.
The motion unanimously carried by the fol lowing roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold. Kerry and Kanel
NOES: 0 COUNCILMEMBERS: Nonp
ABSENT: 0 COUNCILMEMBERS: None
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CONSIDERATION OF RESOLUTION OF THE TUSTIN CITY COUNCIL REGARDING THE PROPOSED
CONSOLIDATION OF THE ORANGE COUNTY TRANSPORTATION COMMISSION AND THE ORANGE
COUNTY TRANSIT DISTRICT: The Public Works Director referred to the staff
report dated March 22, 1989, which described a communication from the City of
Tustin, transmitting their Resolution recommending that a Joint Powers
Agreement or Memorandum of Understanding concerning transportation planning be
executed in lieu of consolidating the Orange County Transportation Commission
and the Orange County Transit District.
It was moved by Counci1member Arnold and seconded by Counci1member Kerry to
support the City of Tustin"s proposal. The motion unanimously carried by the ~",...~
following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kane1
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF COMMUNICATION FROM THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) REGARDING APPOINTMENT TO THE POLICY ADVISORY COMMITTEE FOR
THE SOUTHEASTERN LOS ANGELES COUNTY/WESTERN ORANGE COUNTY TRANSPORTATION
STUDY: Mayor Pro Tem Kanel asked Councilmember Age if she desired to serve on
the newly-established Policy Advisory Committee to oversee the Southeastern
Los Angeles County/Western Orange County Transportation Study. Councilmember
Age agreed to serve as the City of Cypress' representative.
It was moved by Councilmember Arnold and seconded by Counci1member Kerry to
appoint Counci1member Age to serve on the Policy Advisory Committee. The
motion unanimously carried by the following roll call vote:
AYES: 4 COllNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Pro Tem Kanel asked the City Manager to inform SCAG of Councilmember
Age's appointment.
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CONSIDERATION OF RESOLUTION OF THE ORANGE COUNTY TRANSIT DISTRICT SUPPORTING A
FREE ENTERPRISE MONORAIL SYSTEM AT THE JOHN WAYNE ORANGE COUNTY AIRPORT:
Mayor Pro Tem Kanel referred to the staff report dated March 22, 1989, which
indicated that a communication had been re eived from the Orange County
Transit District supporting a free pnterprise monorail system at the John
Wayne Orange County Airport.
It was moved by Councilmember Kerry and se;onded by Councilmember Arnold to
support the free enterprise monorail systen. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIlMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WAI{RANT LIST FOR WARRANTS NO. 31504 -
31746: It was moved by Councilmember Arnold and seconded by Councilmember Age
to approve Warrant Nos. 31504 through 31741> in the amount of $564,037.66. The
motion unanimously carried by the followinq roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIlMEMBERS: None
ABSENT: 0 COUNCIlMEMBERS: None
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CONSIDERATION OF APPROPRIATION OF FUNDS FOf{ REPLACEMENT OF THEATRICAL LIGHTING
CONTROL SYSTEM AT CYPRESS CULTURAL ARTS CENTER: The Recreation and Parks
Director summarized the staff report dated March 17, 1989, which indicated .-
that the theatrical lighting control system at the Cypress Cultural Arts
Center needs replacing.
It was moved by Counci1member Kerry and seconded by Counci1member Age that the
City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District: 1) accept the Cypress Civic Theatre
Guild's offer of $3,000.00 towards the purchase of replacement theatrical
lighting power and control equipment, and 2) appropriate from the Cypress
Recreation and Park District's unreserved General Fund to Capital Projects
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City Council Minutes March 27, 1989 33
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account (#4186-12-502.24) the amount of $7,000.00. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Pro Tem Kanel called a recess at 10:36 p.m. to convene as the
Cypress Redevelopment Agency. The meeting reconvened at 10:40 p.m. with all
Councilmembers present.
CONSIDERATION OF REJECTION OF BIDS FOR THE REPLACEMENT OF CITY OF CYPRESS
COUNCIL CHAMBER DOORS, PUBLIC WORKS PROJECT NO. 8928-90: The City Manager
presented the staff report dated March 17, 1989, which indicated two bids were
received for the replacement of the City of Cypress Council Chamber doors.
It was moved by Councilmember Kerry and seconded by Councilmember Age to: 1 )
reject all bids for the replacement of the City of Cypress Council Chamber
doors, Public Works Project No. 8928-90; and 2) authorize staff to revise the
scope of the project and readvertise for bids. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR SPORTS T-SHIRTS, REQUEST FOR QUOTATION
8889-38: The City Manager summarized the staff report dated March 15, 1989,
which indicated nine bids were received for Sports T-Shirts.
It was moved by Councilmember Age and seconded by Councilmember Arnold that
the City Council acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District accept the bid received from Program
Designs, P.O. Box 4324, Huntington Beach, CA 92605 as the lowest responsible
bidder and award the contract for T-shirts to this company in the amount of
$2778.94. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNC IL MEMBERS: None
ABSENT: Q 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.
Councilmember Arnold asked for a clarification on the Minutes on page 9,
fourth paragraph down, so that there is no implication that she is in favor of
a moratorium because that was not her intent. Mayor Pro Tem Kanel asked that
the Minutes on page 6, paragraphs 6 and 7 be amended to more accurately
reflect his and Councilmember Kerry's statements regarding the matter of City
Council appointments. Hearing no objection, Mayor Pro Tem Kanel so ordered
the requested changes.
Councilmembers Age and Kerry asked that Consideration of Additional
Appropriation for City Attorney Program and Elections Program be removed from
the Consent Calendar for discussion. Councilmember Kerry requested the
Urgency Ordinance for a Zoning Moratorium on Hotels/Motels be discussed.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
approve the Consent Calendar Items #3 through #22, with the exception of Items
#16 and #19. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #3: Motion to Approve the City Council Minutes of March 13, 1989.
Recommendation: That the City Council approve the Minutes of the Special and
Regular meeting of March 13, 1989, as amended.
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Item #4: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #5: Consideration of Proclaiming April 21 - 30, 1989, as "Imagination
Celebration" Period.
.
Recommendation: That the Mayor and City Council officially proclaim the
period of April 21 - 30, 1989. as "Imagination Celebration" in the City of
Cypress.
~~
Item #6: Consideration of Proclaiming April 23, 1989. as "Global Cooperation
for a Better World Day."
Recommendation: That the Mayor and City Council officially proclaim April 23.
1989, as "Global Cooperation for a Better World Day" in the City of Cypress as
requested.
Item #7: Consideration of Resolution of the City of Westminster Supporting
Legislation to Ban the Sale of Pornographic Material From any Public Place
From Which Minors are not Excluded.
Recommendation: That the City Council support Assemblyman Gil Ferguson"s Bill
to ban the sale of pornographic material from any public place from which
minors are not excluded and transmit this position to the appropriate State
Legislators.
Item #8: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Dominica D. Pador. D.B.A. Brothers Two Deli & Subs, 6273
Ball Road, Cypress.
Recommendation: Receive and file.
Item #9: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Thomas F. & Toshiko K. Schulte, D.B.A. Pizza Pub, 6332
Lincoln Avenue, Cypress. P"'~
Recommendation: Receive and file.
Item #10: Consideration of Resolution of Commendation for Former Mayor and
Councilman William Davis.
RESOLUTION NO. 3544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
WILLIAM DAVIS FOR HIS OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY.
Item #11: Consideration of Claim Filed by Dodie Garrett.
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 # 1.2: Consideration of Resolutions of Commendation for Reserve Police
Officers Scott Foster and Kenneth Buchanan.
Recommendation: That the City Council adopt the Resolutions of Commendation
by title only, titles as follows. for Reserve Police Officers Scott Foster and
Kenneth Buchanan on receiving the Distinguished Service Awards, in 1987 and
1988, respectively, from the Orange County Police Reserve Coordinators -
Association.
RESOLUTION NO. 3545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
RESERVE POLICE OFFICER SCOTT FOSTER ON BEING A RECIPIENT OF THE ORANGE
COUNTY POLICE RfSERVE COORDINATORS" ASSOCIATION"S DISTINGUISHED SERVICE
AWARD.
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City Council Minutes ~ March 27, 1989
RESOLUTION NO. 3546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
RESERVE POLICE OFFICER KENNETH BUCHANAN ON BEING A RECIPIENT OF THE
ORANGE COUNTY POLICE RESERVE COORDINATORS ASSOCIATION"S DISTINGUISHED
SERVICE AWARD.
Item #13: Consideration of an Application for Alcohol ic Beverage License
Transfer Filed by Ngan Minh Nguyen and Dung Vinh, D.B.A. Omega Liquor, 4346
Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #14: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Mayran International, Inc., D.B.A. Pizza Piazza, 9194 Valley
View, Cypress.
Recommendation: Receive and file.
Item # 15: Consideration of Monthly Investment Program for the Month of
February 1989.
Recommendation: Receive and file.
Item #17: Consideration of Acceptance of Installation of Pavement Markers on
Lincoln Avenue and on Valley View Street, City of Cypress Project No. 8607-90,
Federal-Aid Project PHS-OOOS (242).
Recommendation: That the City Council: 1) Accept the Installation of
Pavement Markers on Lincoln Avenue and on Valley View Street, City of Cypress
Project No. 8607-90, Federal-Aid Project PMS-OOOS (242), as being
satisfactorily completed in accordance with the Plans and Specifications: 2)
Approve payment to Safety Striping Service at the contract price of
$16,593.75; and 3) Authorize the City Clerk to release the Labor and Materials
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.
Item #18: Consideration of Acceptance of Final Tract Map No. 13328 (Acacia
Street, South of Southern Pacific Railroad).
Recommendation: That the City Council approve Final Tract Map No 13328 and
accept the bond for public improvements in the amount of $61,300.00, which is
not less than 50% nor more than 100% of the total improvements, and authorize
the City Clerk to sign the record map.
Item #20: Consideration of Grant Award Under the Public Access Grants
Program.
Recommendation: That the City Council award a Public Access Grant in the
amount of $500 to Ryan Heaney of Heaney Productions for the production of the
video program, "Prowl."
Item #21: Consideration of Employment List - Associate Planner.
Recommendation: That the City Council certify the Employment List for the
position of Associate Planner as submitted.
Item #22: Consideration of Renewal of Non-Exclusive Taxicab Franchise -
Yellow Cab Co.
Recommendation: That the City Council authorize a one-year renewal of the
non-exclusive Taxicab Franchise issued to Yellow Cab Co., to expire on March
23, 1990.
Reg, rding Consideration of Expiration of an Urgency Ordinance for a Zoning
Moriltorium on Hotels/Hotels in the Ch-lO,OOO Commercial Heavy Zone,
Councilmember Kerry commented about the possibility of Interim Ordinances rlnd
ask~'d that they be studied to determine if the City can utilize this method of
cont rol . Copies of a newspaper article presented by Councilmember Kerry Wi 11
be ~rovided to the Councilmembers. Councilmember Age asked if the City
Att( rney could provide a summary of how an Interim Ordinance could be used
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City Council Minutes March 27, 1989
with the City's planning process. Mayor Pro Tem Kanel asked about the study
that was to be done on Hotels/Motels and the Planning Director responded that
studies were made and she will provide copies of those reports to the Council.
Councilmember Age expressed a Jesire to be provided a copy of the Chamber of
Commerce study also. The City Attorney stated that the Interim Ordinance
would be looked into, it is usually for a temporary situation, most often used
on property that is in some form of transition.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
receive and file and hearing no objection, Mayor Pro Tem Kanel so ordered. ...-
In regard to the Consideration of Additional Appropriation for City Attorney
Program and Elections Program, Councilmember Age asked if any funds had been
budgeted for an impending suit from Hollywood Park. The Finance Director
stated that the budget contained funds that they estimated Nould be needed for
any lawsuit that might be incurred.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
authorize an appropriation from the unreserved fund balance of the General
Fund in the amount of $150,400 to the following accounts:
CITY ATTORNEY:
4179-11-105-01 $105,000
4211-11-105-01 20,000
Subtotal SI2c),000
ELECTIONS:
4102-11-116-02 5. 18,500
4115-11-116-02 3,200
4208-11-116-02 - 3,700
Subtotal ~1.400
Total $150,400
ORDINANCES (Second Readinq) & RESOLUTIONS:
~
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, certifying its review of
the final FIR for the Cypress Corporate Center.
RESOLUTION NO. 3547
A RESOLUTION OF THE CITY COUNCIL/PLANNING AGENCY OF THE CITY OF CYPRESS
CERTIFYING AS TO ITS REVIEW OF THE FINAL FOCUSED ENVIRONMENTAL IMPACT
REPORT FOR CYPRESS CORPORATE CENTER AND MAKING CERTAIN FINDINGS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, approving amending Specific
Plan No: 88-1.
RESOLUTION NO. 3548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDED SPECIFIC PLAN NO. 88-1, CYPRESS CORPORATE CENTER.
-
The motion unanimously carried by the following roll call vote:
<!$i
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda
Mayor Pro Tern Kanel advised that Mr. William Davis will be present April 10 to
receive the Resolution of Commendation.
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City Council Minutes 3tl
March 27. 1989
Councilmember Kerry commented that she understood Long Beach might have some
type of procedure to limit the number of employees based on the number of
parking spaces available and asked if this could be checked to see if that
city has such a regulation.
Councilmember Arnold questioned the advisability because of the use of
temporary employees and she didn't know if a city could dictate the number of
employees because of the limited number of parking spots.
Councilmember Age explained the effect a regulation of this nature would have
on other businesses.
After further discussion, Mayor Pro Tern Kanel asked specifically what
information was desired and Councilmember Kerry responded that she wanted to
determine how other cities approached the problem of excess cars for the
amount of parking spaces available and requested the information be brought
back to the Council.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
MAYOR -p~ ~rttYOF--CYPRESS---
ATTEST:
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