Minutes 89-04-10
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MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
Ap r i1 10, 1989
The regular meeting of the Cypress City Council was called to order at 5:37
p.m. on Monday, April 10, 1989, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Pro Tem Kanel presiding.
PRESENT: CQuncilmembers Age, Arnold, Kerry and Kanel
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, DeCarlo, Eynon, Hurst, Leonard and
Lowenberg.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were
presented.
CONSIDERATION OF AWARD OF CONTRACT FOR FOUR (4) EACH 2-WAY MOBILE RADIOS,
REQUEST FOR QUOTATION NO. 8889-40: The City Manager presented the staff
report dated March 29, 1989, which indicated that six bids were received for
four (4) each 2-way mobile radios.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
accept the bid received from The Radio Shop, Inc., 29071 E. Currier Road, NC,
Walnut, CA 92789 and award the contract for four (4) 2-way mobile radios to
this company in the amount of $2582.16. 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 ONE (1) HYDRAULIC TREE SPRAYER, REQUEST
FOR QUOTATION NO. 8889-41: The City Manager reviewed the staff report dated
March 30, 1989, which indicated two bids were received for one (1) hydraulic
tree sprayer.
After some discussion, it was moved by Councilmember Arnold and seconded by
Councilmember Kerry to accept the bid received from Sande Equipment Company,
Inc., 508 Monterey Pass Road, Monterey Park, CA 91754 as the lowest
responsible bidder and award the contract for one (1) hydraulic tree sprayer
to this company in the amount of $33,659.84. 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 CONTRACTS FOR PROFESSIONAL ENGINEERING SERVICES FOR
SITE REMEDIATION AND RENOVATION OF THE FUEL FACILITY AT THE MAINTENANCE YARD.
PUBLIC WORKS PROJECT NO. 8876: The Public Works Director presented the staff
report dated March 28, 1989, which indicated that the City Council had
authorized staff to obtain proposals for consultant services to engineer the
removal of the existing fuel facility, develop a plan to clean up the
contaminated soil and design a new facility for dispensing fuel to City
vehicles and equipment. He noted that a representative from Hydrotech was in
the audience to answer any questions. The City Manager corrected the account
number to 4186-11-446-24.
Responding to Councilmember Kerry, the City Manager advised that there is a
double check to avoid any future leaks and reports will be provided to the
Council as the soil remediation progresses.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to:
1) concur with the staff recommendations for retention of professional
services; 2) appropriate $60,000 from the unappropriated fund balance of the
General Fund to Account No. 4186-11-446-24; 3) approve the Professional
Services Agreement between the City and Harris & Associates, Inc., 4281
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City Council Minutes Apri 1 10. 1989
Katella Avenue. Suite 207. Los Alamitos. CA 90720. for the renovation of the
fuel facility at the City Maintenance Yard. for a fee not to exceed $18.300.00
authorizing the Mayor to execute and City Clerk to attest; and 4) approve the
Professional Services Agreement between the City and Hydrotech Consultants.
Inc.. 5 Mason. Irvine. CA 92718. for Site Soil Remediation at the City
Maintenance Yard Fuel Facility. for a fee not to exceed $40.000.00.
authorizing the Mayor to execute and City Clerk to attest. 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
The City Manager indicated that a report would be made to the Council at such
time as the fees reach $25,000.
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT
THE INTERSECTION OF KATELLA AVENUE AND HOPE STREET, PUBLIC WORKS PROJECT NO.
8873-50: The City Manager presented the staff report dated March 31. 1989,
which indicated four bids had been received for the installation of a traffic
signal at the intersection of Katella Avenue and Hope Street.
It was moved by Councilmember Age and seconded by Councilmember Kerry to: 1 )
authorize an appropriation from the fund balance of the General Fund and
appropriate $85,000.00 to Account No. 4186-11-414-22; 2) determine Baxter-
Griffin Co., Inc. to be the lowest responsible bidder for Public Works Project
No. 8873-50; and 3) award a contract to Baxter-Griffin Co.. Inc., 8210 Monroe,
Stanton. CA 90680. for the installation of a traffic signal at the
intersection of Katella Avenue and Hope Street in the amount of $82.460.00.
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
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CONSIDERATION OF AWARD OF CONTRACT FOR SEWER MAINTENANCE SERVICES: The City
Manager presented the staff report dated April 3. 1989, which indicated that
five bids for two (2) years of service were received and the new low bidder
for sewer maintenance was Empire Pipe Cleaning & Equipment, Inc.
After some discussion of the bids and the previous sewer maintenance contract
holder, Richard L. Walker, Inc., it was decided to reject all the bids.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
reject all bids and rebid the job, obtaining separate costs for wash rack
cleaning and sewer maintenance. The motion unanimously carried by the
follow i n g roll call v 0 t e :
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kane1
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR AMIGA COMPUTER SYSTEM: The City
Manager summarized the staff report dated April 3, 1989. which indicated that
three (3) bids had been received for an Amiga computer system with software.
It was moved by Counci1member Arnold and seconded by Counci1member Kerry to
approve a transfer of $2349.00 from the unreserved fund balance of the General
Fund to account 4931-90-656-35 and authorize the purchase of one (1) Amiga -
computer from Transnational Electronics, Inc., 1130 A N. Kraemer Blvd.,
Anaheim. CA 92806 in the amount of $2348.91. 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 AWARD OF CONTRACT FOR TWO (2) YEAR TROPHY CONTRACT. REQUEST
FOR QUOTATION NO. 8889-43: The City Manager reviewed the staff report dated
April 3, 1989, which indicated that three (3) bids were received for a two (2)
year trophy contract.
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City Council Minutes Apri lID, 1989
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council acting as the ex officio governing Board of Directors of the
Cypress Recreation and Park District accept the bid received from Los Altos
Trophy Co., Inc., 10871 Bloomfield, Los Alamitos, CA 90720 and award the
contract for the purchase of trophies to this company for a two (2) year
period with the effective dates of April II, 1989 through April II, 1991. 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 FIREWORKS TO BE USED FOR THE JULY 4TH
CELEBRATION: The City Manager referred to the staff report dated March 31,
1989, which indicated that three bids were received for fireworks for the
Second Annual July 4th Fireworks Celebration.
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District, accept the bid from Pacific Star
Pyrotechnics Inc., P.O. Box 898, Fillmore, CA 93015 and award a contract in
the amount of $8,000.00 for the Second Annual July 4th Fireworks Celebration.
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
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 Kerry requested that Items #18 and #19, Consideration of
Modification of Cypress Corporate Center Landscape Maintenance District No. 1
for the Landscaped Berm on the North Side of the Stanton Channel, City of
Cypress Project No. 8615-90 and Consideration of Request for 1989/90 SB 821
Funds for Pedestrian Facilities on Lincoln Avenue, Public Works Project No.
8852-90, respectively, be removed from the Consent Calendar for discussion.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve the Consent Calendar Items #9 through #20, with the exception of Items
#18 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 #9: Motion to Approve City Council Minutes of March 27, 1989 and March
30, 1989.
Recommendation: That the City Council approve the Minutes of the Regular
Meeting of March 27, 1989 and the Adjourned Regular Meeting of March 30, 1898,
as submitted.
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 a Request from the St. Irenaeus Fiesta Committee
for Waiver of Fees for the St. Irenaeus Church's Annual Fiesta.
Recommendation: That the City Council grant the request to waive all required
fees for the St. Irenaeus Church"s 26th annual Fiesta to be held on June 24
and 25, 1989. with the condition that no-fee building and electrical permits
be obtained for carnival activities.
.Item #12: Consideration of Proclaiming April 29, 1989, as "Cypress
Citybration Day."
Recommendation: That the Mayor and City Council officially proclaim April 29,
1989. as "Cypress Citybration Day" in the City of Cypress. relating to the
health and safety fair to be held at the Ramada Inn, Cypress.
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City Council Minutes Apri 1 10. 1989
Item 1# 13: Consideration of Proclaiming May 1. 1989. as "Law Day. U.S.A."
Recommendation: That the Mayor and City Council officially proclaim May 1.
1989. as "law Day. U.S.A." in the City of Cypress.
Item 1#14: Consideration of Proclaiming May 1-7. 1989. as "Water Awareness
Week."
Recommendation: That the Mayor and City Council officially proclaim May 1-7. ~...~
1989. as "Water Awareness Week" in the City of Cypress as requested.
Item 1#15: Consideration of Proclaiming May 7-13. 1989. as "Hire-A-Veteran
Week."
Recommendation: That the Mayor and City Council officially proclaim May 7-13.
1989, as "Hire-A-Veteran Week" in the City of Cypress.
Item #16: Consideration of Proclaiming May 13. 1989, as "Fire Service
Recognition Day."
Recommendation: That the Mayor and City Council officially proclaim May 13.
1989. as "Fire Service Recognition Day" in the City of Cypress.
Item 1#17: Consideration of Employment List - Assistant Civil Engineer.
Recommendation: That the City Council certify the Employment List for the
position of Assistant Civil Engineer as submitted.
Item 1#20: Consideration of Resolutions of Commendation for Eagle Scouts
Christopher L. Maitland and Steven Hammond Olsen.
Recommendation: That the City Council adopt the Resolutions by title only.
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titles as follow, commending Eagle Scouts Christopher J. Maitland and Steven
Hammond Olsen.
RESOLUTION NO. 3549
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT CHRISTOPHER J. MAITLAND ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 3550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT STEVEN HAMMOND OLSEN ON ATTAINING THE RANK OF EAGLE SCOUT.
Regarding the Landscaped Berm on the North Side of the Stanton Channel,
Councilmember Kerry asked why the City was unable to obtain firms to bid on
this project. The Public Works Director remarked that the City was unable to
find qualified bidders to perform the job and there are plans to rebid in the
future.
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only. title as follows, ordering the City Engineer to
prepare a report concerning modification of Cypress Corporate Center landscape
Maintenance District No.1 for the maintenance of the landscaping and
irrigation system on the berm on the north side of the Stanton Channel.
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RESOLUTION NO. 3551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ORDERING THE
PREPARATION OF A REPORT IN CONNECTION WITH THE MODIFICATION OF CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1.
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
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City Council Minutes April 10. 1989
In regard to Consideration of Request for 1989/90 SB 821 Funds for Pedestrian
Facilities on Lincoln Avenue. Public Works Project No. 8852-90. Councilmember
Kerry stated she was pleased to see the improvements proposed to the sidewalks
on Lincoln Avenue as a part of t~e overall upgrading of Lincoln Avenue.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows. authorizing submittal of
a request to the Orange County Transportation Commission for partial funding
of Lincoln Avenue Sidewalks Project under the 1989/90 SB 821 Program.
RESOLUTION NO. 3552
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND
APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.
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
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. to grant Variance No.
89-1.
RESOLUTION NO. 3553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM SECTION 9.2.B.8 OF THE ZONING ORDINANCE FOR AN ENCLOSED
PATIO STRUCTURE TO ALLOW A MINIMUM OF 772 SQUARE FEET IN THE REAR YARD
OPEN AREA - VARIANCE NO. 89-1 (6604 TEAKWOOD).
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 C.U.P. 89-4, with
conditions. at 6200 Phyllis Drive.
RESOLUTION NO. 3554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 89-4 - WITH CONDITIONS (FUJI FILM
DISTRIBUTING CENTER, INCLUDING A TRUCK-LOADING DOCK FACING A NON-
ARTERIAL STREET, AT 6200 PHYLLIS DRIVE).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILHEHBERS: Age. Arnold. Kerry and Kanel
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILHEHBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
adopt the Resolution by title only. title as follows. approving and adopting
the Redevelopment Plan for the Civic Center Redevelopment Project, Amendment
1.
ORDINANCE NO. 813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND
ADOPTING THE REDEVELOPHENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT
PROJECT. AMENDMENT NO.1.
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City Council Minutes Apri 1 10, 1989
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
EXECUTIVE SESSION: Mayor Pro Tem Kanel called an Executive Session at 6:35
p.m. to discuss matters of personnel and litigation. The meeting reconvened
at 7:40 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 Tem Kanel presented outgoing Senior Citizen
Commissioners Darrell Hayes and Leon Scott with Community Service Plaques and
thanked them for their dedication to the City.
Reserve Police Officer Buchanan was presented with a Resolution of
Commendation by Mayor Pro Tem Kanel for his many, fine community services
endeavors.
On behalf of the City Council and the City Staff, Mayor Pro Tem Kanel
presented former Councilmember and Mayor William Davis with a Resolution of
Commendation for his many personal and civic accomplishments. Mr. Davis
extended his thanks to his former colleagues on the Council, the City staff
and Cypress citizens for their support.
The City Manager summarized the actions taken by the Council during the 5:30
p.m. portion of the Agenda.
The City Attorney reviewed the three items considered in Executive Session:
the agreement with the City of Los Alamitos; the mid-management salary
negotiations and top management salaries.
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ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. None were
presented.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
Ms. Shelley Henderson, 4822 Ashbury Avenue, Cypress, asked that the Kids'
Corner item be moved forward on the Agenda.
Mayor Pro Tem Kanel suggested that the following items be moved forward on the
Agenda: Kids' Corner, a Resolution Acknowledging an Agreement between the
Cities of Los Alamitos and Cypress and Filling the City Council Vacancy by
Appointment or by a Special Election and, hearing no objection, he so ordered.
CONSIDERATION OF RESOLUTION ACKNOWLEDGING AN AGREEMENT BETWEEN THE CITIES OF
LOS ALAMITOS AND CYPRESS TO ADDRESS THE IMPACTS OF PROSPECTIVE DEVELOPMENTS ON
EACH OF THE CJTIES AND TO COMMUNICATE WITH REGARD THERETO: The City Manager
presented the staff report dated April 6, 1989 which indicated that the City
of Los Alamitos had prepared a Resolution on the traffic issues as a result of
the Council Committee meeting comprised of representatives from the Los
Alamitos and Cypress City Councils and their respective City Managers. The
City of Los Alamitos will be adopting a similar Resolution at their meeting on
Monday, Apr i 1 10 and requests that the Cypress City Council consider adoption
of the same. He stated that he had communicated with the City Manager of Los
Alamitos today and indicated that the scope of the project could be reduced to
those undeveloped properties that only impacted the Katella/Valley View/Los ...
Alamitos traffic condition rather than those of the entire City. It was also
agreed that the cities may require extra time to complete these studies and
the City of Los Alamitos would have no objection to that extension. Based on
these understandings, the City Manager would recommend approval of the
Resolution.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, acknowledging an
agreement between the Cities of Los Alamitos and Cypress to address the
impacts of prospective developments.
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City Council Minutes April 10, 1989
RESOLUTION NO. 3555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACKNOWLEDGING AN
AGREEMENT BETWEEN THE CITIES OF LOS ALAMITOS AND CYPRESS TO ADDRESS THE
IMPACTS OF PROSPECTIVE DEVELOPMENTS ON EACH OF THE CITIES AND TO
COMMUNICATE WITH REGARD THERETO.
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
Recreation & Park District Matters:
CONTINUATION OF CONSIDERATION OF EXPANDING FACILITIES FOR THE KIDS CORNER
PROGRAM: The Recreation and Parks Director commented on the staff reports
dated March 15 and April 3, 1989, which indicated that costs were requested
from vendors for an additional building at the Texaco Chestnut Park site. He
reported on this meeting with the parents' group with detailed discussions
held on the budget recommendation and the possibilities of having funding in
the next year's budget for an additional facility. At this time, there is not
funding available for the additional facility; however, the budget process is
not yet completed.
After further discussion, the City Manager advised that the request is
premature because the budget has not been reviewed and there are limited fund
revenues for the District's operation.
Councilmember Kerry asked if there were problems finding instructors for the
Kids' Corner classes. The Recreation and Park Director advised that it is
very difficult to find instructors; however it was much easier to find
instructors for the morning classes.
Ms. Henderson remarked that the parents were sympathetic with the budget
considerations and they would like the afternoon session moved to a morning
session. She also mentioned that if the City is unable to move the canceled
afternoon session to the morning, that the refunds be processed as quickly as
possible.
Ms. Connie Sava, 6849 Via Media Cr., Buena Park, representing Tanglewood Pre-
School currently at Eucalyptus Park, volunteered to answer questions about
that pre-school program.
Councilmember Kerry asked about the possibility of considering a classroom at
Swain School, which is being used for day care now. The Recreation and Park
Director stated he would evaluate that facility as a possible Kids' Corner
site.
Councilmember Arnold suggested that this item be continued and considered
during the preliminary budget session where matters could be considered to
facilitate the program and hearing no objection, Mayor Pro Tem Kanel so
ordered.
Mayor Pro Tem Kanel asked staff to expedite the refunds from the cancelled
afternoon Kids' Corner class.
CONSIDERATION OF PROPOSED FEE INCREASES FOR SUMMER DAY CAMP AND KIDS' CORNER
PROGRAM: Mayor Pro Tem Kanel referred to the staff report dated April 3, 1989
which recommended fee increases for Day Camp and Kids Corner programs.
It was moved by Councilmember Arnold and seconded by Councilmember Age that
the City Council acting as the ex officio Board of Directors for the Cypress
Recreation and Park District approve the fee increase for Day Camp from $25.00
per session to $30.00 per session for Camp Carousel and increase Camps Calico
and Cavalcade programs from $30.00 to $40.00 and the Kids' Corner class fees
be increased to $1.23 per hour. 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
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City Council Minutes April 10.1989
CONTINUATION OF CONSIDERATION OF FIllING THE CITY COUNCIL VACANCY BY
APPOINTMENT OR BY A SPECIAL ELECTION: Mayor Pro Tem Kanel referred to the
staff report dated April 5, 1989. which indicated that in the event the
Council does not proceed with an appointment. the resolutions relating to
calling a Special Election should be adopted.
Mayor Pro Tem Kanel provided a recap of the interview process that was
conducted in an attempt to appoint a candidate to fill the vacancy on the City
Counc i1 . He then polled the Council to determine a method to narrow the -
number of candidates to less than five and it was decided that in order to
keep a name on the list. two objections would be required. Mr. Christopher
Madore and Mr. Roger Geyer received two objections from Councilmembers Kanel
and Kerry; Mr. Richard Anderson received one objection from Councilmember Age
and was dropped from the list of candidates. Mr. Walter Bowman and Mr. Harold
Lindamood received two objections from Councilmembers Age and Arnold.
It was suggested by Councilmember Age to nominate candidates and then take a
vote.
It was moved by Councilmember Kerry and seconded by Mayor Pro Tem Kanel to
appoint Roger Geyer to the City Council vacancy. Councilmembers Kerry and
Kanel commented about Mr. Geyer's involvement in the community and other
endeavors which they believed made him the most qualified candidate for the
position. The motion failed by the following roll call vote:
AYES: 2 COUNCIlMEMBERS: Kerry and Kanel
NOES: 2 COUNCIlMEMBERS: Age and Arnold
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Age to
appoint Walter Bowman to the City Council vacancy. Councilmembers Arnold and
Age stated that Mr. Bowman was very knowledgeable about the local government
process, was interested in all phases of the community development and is
ready to give his time to community service. Mayor Pro Tem Kanel provided the -
reasons as to why he was basically opposed to the nomination of Mr. Bowman.
The motion failed by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Age and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 2 COUNCILMEMBERS: Kerry and Kanel
Mayor Pro Tem Kanel asked if the Council wished to continue with the two
nominations left. Messrs. Madore and Lindamood, and there was no consideration
at this time.
Councilmember Age commented that because a particular stand was taken on an
issue, that should not disqualify a candidate for appointment.
Councilmember Kerry expressed disappointment that the City has been forced
into another special election and had hoped the Council would be able to
appoint the person who has been instrumental in bringing about a change in
direction for the City.
Mayor Pro Tem Kanel stated that he basically concurred with Councilmember
Kerry's views, the Council had agreed to attempt to arrive at an appointment.
which didn't occur and now we will proceed with a Special Election.
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The City Manager/City Clerk recommended that the Special Election be scheduled
for Tuesday, September 12 so as to remove any conflict with summer vacations
and possibly generate a better voter turnout since school will be back in
session.
Councilmembers Age and Arnold had desired to prevent a Special Election, felt
it was a Council decision and believed there had been several well qualified
candidates to choose from.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold that
the City Council finds that the earliest possible date to conduct the Special
Municipal Election to fill the vacancy on the City Council to be September 12.
1989. The motion unanimously carried by the following roll call vote:
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City Council Minutes April 10, 1989
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBcRS: None
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
adopt the Resolutions, by title only, titles as follow, setting September 12,
1989 as the date for the Special Election and requesting the Orange County
Registrar of Voters to render specified services to the City relating to the
conduct of the Special Election.
RESOLUTION NO. 3556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, SEPTEMBER 12, 1989, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER.
RESOLUTION NO. 3557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT
THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO
THE CITY OF CYPRESS, RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON SEPTEMBER 12, 1989.
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 at 9:30 p.m. and reconvened
at 9:41 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 88-21, COMBINED USE COMMERCIAL BUILDING, 29-UNIT APARTMENT COMPLEX,
INCLUDING FI~E DENSITY BONUS UNITS. 6292 LINCOLN AVENUE: Mayor Pro Tem Kanel
opened the public hearing. The Planning Director presented the staff report
dated April 4, 1989, which represented a request for a mixed use commercial
building and apartment complex located at 6292 Lincoln Avenue. Two
communications were received from nearby property owners: Mr. Jerry Sbragia.
6252 Lincoln Avenue, Buena Park, and Or. Marvin L. Stern expressing opposition
to the project. In accordance with the California Environmental Quality Act,
a Negative Declaration of Environmental Impact will be filed for this project.
The Planning Director addressed the subterranean parking in depth and added
two conditions that were proposed as part of the project: "47) That a
geotechnical report is required which shall include a determination of the
water table level prior to building department submittal. If said report
demonstrates a water table level or any other condition that would cause
modifications to the project in which the building height would exceed the 30
feet above the building pad level, that the consideration of an amendment to
the conditional use permit shall be required with a public hearing before the
City Counci1."; "48) That the subterranean parking shall have a minimum
vertical clearance area which can accommodate the entrance and parking for
vans and campers; that the developer shall submit plans depicting the slope of
the parking entrance and the interior clearance height for review by the
Planning and the Building Departments."; and "49) That the lockable storage
bins shall be located above each tenant parking space in the subterranean
parking garage and the placement of said bins shall be such that they do not
obstruct the usable parking space." Notices of the public hearing have been
posted, published and mailed to all property owners within a 300-foot radius
of the subject parcel.
Responding to Councilmember Kerry, the Planning Director answered that the
placement of "For Rent" signs could be addressed under Design Review or the
City Council could direct staff to provide an additional condition regulating
those signs.
Mr. Andrew Lachina, representing the applicant, 5212 Katella Avenue, Los
Alamitos, stated that this project has gone through a series of revisions and
he commended the staff for its cooperation and coordination with other
agencies. He urged the Council's approval of the project.
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After some discussion, Mayor Pro Tem Kanel asked if anyone wished to speak in
support of or opposition to the project. No one wished to do so.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing, certify the negative declaration in accordance with
the requirements of the California Environmental Quality Act and approve
conditional use permit No. 88-21 subject to conditions, including those stated
here. The Planning Director added Condition 50: "For rent signs shall not
proliferate the site. Any sign advertising rent for a vacant apartment shall ~'
be subject to Design Review. No 'A' frame signs shall be permitted." The
additional conditions were acceptable to the applicant. 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
Councilmember Kerry expressed her thanks and appreciation to the City staff
for their efforts and diligence on an extremely difficult project.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT OF DEVELOPMENT
AGREEMENT NO. 82-1, CYPRESS CORPORATE CENTER: Mayor Pro Tem Kanel declared
the public hearing open. The staff report dated April 4, 1989 indicated that
the property owner has requested the item be continued to April 24, 1989.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
continue this item to the meeting of April 24, 1989. 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
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CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR.
NATHAN T. EDWARDS - AUSTIN DIVERSIFIED PRODUCTS: Mayor Pro Tem Kane1 opened
the public hearing. The City Manager presented the staff report dated April
4, 1989, which indicated an application had been received for a Special Permit
to allow door-to-door solicitation for the sale of an all-purpose cleaner.
Ms. Betty Jean Parker, representing the applicant, 6231 S. Manhattan Place,
Los Angeles, answered questions from the Council explaining the product and
its use.
No one else wished to speak in support of the application.
Mayor Pro Tem Kane1 asked if anyone wished to speak in opposition to the
application.
Ms. Penny Dash, 5716 Aspen, Cypress, mentioned that representatives from this
organization have been soliciting in the City and have been abusive.
No one else wished to speak in opposition.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing and approve the special permit with the condition
that the solicitation be limited to Monday through Saturday, from 9:00 a.m. -
6:00 p.m. (daylight hours only). 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-5, JAPANESE
SUSHI RESTAURANT WITH BEER AND WINE, 9111 VALLEY VIEW STREET: Mayor Pro Tem
Kane1 opened the public hearing. The Planning Director summarized the staff
report dated April 3, 1989, which represented a request to operate a Japanese
Sushi restaurant with the onsite sale of beer and wine located at 9111 Valley
View Street. In accordance with the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this
project. Notices of this public hearing were published, posted and mailed to
all property owners within a 300-foot radius.
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Mr. Herb Andrews, property owner, 18025 Skypark East, Irvine,
introduced the applicant and volunteered to answer any questions from Council.
Mr. Haruo Min~kata, 2910 West Ball Road, Anaheim, commented that he was
planning to open a restaurant with various kinds of Japanese food.
Mr. Andrews commented that he was excited about the new tenant and recounted
Mr. Minokata's restaurant background.
No one else spoke in support of or opposition to the application.
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 89-5, 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: VARIANCE NO. 89-2, REDUCED REAR YARD OPEN
AREA, 9767 GRA.HAM STREET: Mayor Pro Tern Kanel opened the public hearing. The
Planning Director presented the staff report dated March 31, 1989, which
represented a request for a variance from section 9.2.B.8 of the City of
Cypress Zoning Ordinance for an enclosed patio structure located at 9767
Graham Street. In accordance with the requirements of the California
Environmental Quality Act, the proposed project has been determined to be
categorically exempt. Notices of the public hearing have been posted,
published and mailed to all property owners within a 300-foot radius.
The applicant, Mr. Elmon Manes, 9767 Graham Street, Cypress, asked the Council
to approve the variance.
No one wished to speak in support of or opposition to the application.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
close the public hearing and approve Variance No. 89-2 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. 89-6, REVERSE
VENDING MACHINES FOR RECYCLING OF ALUMINUM CANS, PLASTIC AND GLASS BOTTLES
(ALPHA BETA MARKET AT 4033 BALL ROAD): The public hearing was opened by Mayor
Pro Tern Kanel. The Planning Director presented the staff report dated March
31, 1989, which represented a request to install and operate a recycling
facility using reverse vending machines for aluminum cans, glass and plastic
bottles located at the Alpha Beta Market at 4033 Ball Road. According to the
requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project. Notices of this public hearing
were published, posted and mailed to property owners within 300 feet.
Ms. Renee Shanley. 10620 Lawson River Avenue, Fountain Valley, stated that
ENVIPCO picks up redeemed materials once every two months and the storage
containers are exchanged. She stated that store personnel do most of the work
and ENVIPCO technicians service the machines approximately once a week.
No one else wished to speak in support of or opposition to this application.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 89-6, 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
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City Council Minutes April 10. 1989
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 89-
1. PROHIBIT FREESTANDING POLE OR MONUMENT SIGNS ON THE PAVILION SHOPPING
CENTER PARCEL (10503-10581 VALLEY VIEW STREET. S/W CORNER OF VALLEY VIEW
STREET AND CERRITOS AVENUE): Mayor Pro Tem Kanel opened the public hearing.
The Planning Director summarized the staff report dated April 3. 1989. which
indicated that an application had been filed by Overton. Moore & Associates to
amend Section 7.2.6.(e)(3) of the Cypress View Limited Specific Plan to
prohibit all freestanding pole or monument signs. except one small directional .
sign for Carl's Jr. Restaurant. In accordance with the California
Environmental Quality Act. a Notice of Exception. Class 5 will be filed for
this property. Notices of this public hearing were posted. published and
'* mailed to all property owners within 300 feet of the subject parcel.
f
Mayor Pro Tem Kanel asked if anyone wished to speak in support of or
opposition to the application. No one wished to do so.
;:,/i
It was moved by Councilmember Arnold and se&bnded by Councilmember Age to
close the public hearing. approve the first reading of the Ordinance by title
only. title as follows. amending Section 7.2.6(e)(3), Freestanding Signs, to
prohibit all freestanding signs on the Pavilion parcel except one offsite
directional sign.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
7.2.6.(e)(3) OF THE PLANNED COMMUNITY BUSINESS PARK ZONE NO.5 OF
ORDINANCE 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS
AMENDMENT TO THE ZONING ORDINANCE NO. 89-1.
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 89-8, JUST PERFECT
TANNING. TONING AND BODY WRAP SALON, 10953 MERIDIAN DRIVE. SUITE 1M: Mayor
Pro Tem Kanel opened the public hearing. The Planning Director recapped the
staff report dated April 5, 1989, which represented a request to operate a
tanning, toning (exercise machines) and body wrap salon in an existing
commercial building located at 10953 Meridian Drive, Suite 1M. In accordance
with the California Environmental Quality Act, a Negative Declaration of
Environmental Impact will be filed for this project. Notices of this public
hearing were posted, published and mailed to all property owners within 300
feet of the subject parcel.
Mr. Richard A. Godinez, 10231 Bellehurst Avenue, Westminster, answered
questions from the Council and explained the body wrap process and the type of
business.
The Police Chief stated that all agencies contacted don't seem to have a
problem with these types of facilities and he does not have a concern with
this type of establishment at this time.
No one else wished to speak in support of the application. Mayor Pro Tem
Kanel asked if anyone wished to speak in opposition.
Mr. Chuck Hicks, 10669 Charles Cr., Cypress, asked where the clients would -
clean up after the body wrap process and Mr. Godinez stated that the solution
stays on the body for four hours.
The Planning Director stated that the condition addressing disrobing would be
eliminated.
The applicant asked if the age limit on employees could be reduced to 18 years
and the condition was so amended.
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing, certify the Negative Declaration as prepared according to
the requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 89-8, subject to conditions. The motion carried by
the following roll call vote:
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City Council Minutes April 10. 1989
AYES: 3 COUNCILMEMBERS: Age. Kerry and Kanel
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBiRS: None
CONTINUATION OF CONSIDERATION OF TOP MANAGEMENT AND MID-MANAGEMENT SALARIES:
Mayor Pro Tem Kanel advised that this item had been discussed in Executive
Session and hearing no objection. he ordered this item continued to the
meeting of April 24, 1989.
CONSIDERATION OF RECOMMENDATIONS OF TRAFFIC COMMISSION MEETING OF MARCH 21.
1989: The City Manager referred to the staff report dated March 31, 1989,
which indicated that the Traffic Commission, at the Council's direction,
discussed the traffic issue relating to the Straight Talk Clinic on Camp
Street and had made recommendations.
Mr. David Garber, 6555 Jaluit Street, Cypress, stated he was a member of the
Traffic Commission and was available to answer any of the Council's questions.
Councilmembers Age expressed some concern about Condition 5 and suggested that
it might be reworded.
After discussion, Councilmember Arnold suggested changing the wording in the
recommendation from "approve" to "receive."
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
receive the recommendations of the Traffic Commission outlined and direct
staff to proceed with Items 1 through 4 immediately. 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 REQUEST FOR PARKING SURVEY: The City Manager referred to the
staff report dated April 5, 1989. which was provided in response to
discussions from Councilmember Kerry and staff had suggested that parking
regulation studies be undertaken as part of the business development standard
review.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
direct staff to address any parking concerns in the Cypress Business Park as
part of the proposed special studies to be included in the draft Request for
Proposals relating to Updates to the Cypress General Plan. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
.I\BSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 31747 -
31988: It was moved by Councilmember Arnold and seconded by Councilmember Age
to approve Warrant Nos. 31747 through 31988 in the amount of $549,770.69. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arno 1 d', Kerry and Kane 1
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Recreation & Park District Matters:
CONSIDERATION O~ PROPOSED BASIC HANDGUN USE CLASS FOR SUMMER 1989: The staff
report dated April 3, 1989 indicated that at the regular meeting of the
Recreation and Community Services Commission, it was recommended that a Basic
Handgun Use class be offered for a fee of $35.00.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry that
the City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District, approve the Basic Handgun Class for
Summer 1989 as recommended by the Recreation and Community Services
Commission. The motion unanimously carried by the following roll call vote:
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AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda: Councilmember Kerry
advised that she had received some expressions of concern from the Holder
Street residents regarding the truck signs and the pavement markings, which
was explained by the Public Works Director.
Councilmember Age requested a transcript on the item regarding Continuation of __
Consideration of Filling the City Council Vacancy by Appointment or by a
Special Election and hearing no objection, Mayor Pro Tem Kanel so ordered.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. Mayor Pro Tem Kanel
presented a communication from Dick Edgar, Tustin, regarding his reappointment
to the Orange County Transit Commission.
ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 11:31 p.m. to 4:00
p.m. Monday, April 24, 1989 in the City Council Chambers, 5275 Orange Avenue,
Cypress.
ATTEST:
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CITY CLE~ F TH~ITY OF CYPRESS
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