Minutes 89-05-08
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MINUTES OF AN ADJOURNED AND A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
May 8, 1989
The adjourned meeting of the Cypress City Council was called to order at 5:03
p.m. on Monday, May 8, 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 was City Manager/City Clerk Darrell Essex.
Interviews of applicants for the Senior Citizen Commission were conducted by
the members of the City Council.
RECESS: Mayor Pro Tem Kanel recessed the meeting at 5:30 p.m.
The regular meeting of the Cypress City Council was called to order at 5:39
p.m. on Monday, April 24. 1989. in the Cypress City Council Chambers, 5275
Orange Avenue. Cypress, California. Mayor Pro Tem Kanel presiding. Present
were: all Councilmembers. City Manager/City Clerk Darrell Essex. City
Attorney Jerry Patterson and staff members Beardsley, DeCarlo and Hurst.
CONTINUATION OF BUDGET WORKSHOP:
The City Manager summarized the basic proposals for budget expenditures and
revenues and requested that the Council consider the $500.000 expenditure for
the clean up of the gasoline facility at the Public Works Maintenance Yard.
He suggested these monies be taken from the contingency reserve and be
replaced through the funds received from mortgage revenue bonds.
The City Manager reported that there would be a recommendation in the budget
document for a major financial study to refine all of the City's fees and
charges. The Finance Director provided a summary of the Gann limit and the
five year projection as it affects the City and the Park & Recreation
District. The City Manager remarked that he had already met with the
Department Heads and the proposed budget will be given to the Council in two
weeks and asked the Council to consider June 5 as the date for the budget
review. General discussion was held by the Council regarding the various
budget programs. Parks & Recreation District, the Gann limit, Kids Corner,
street sweeping and employee matters.
Mayor Pro Tem Kanel mentioned the vacancy on the Senior Citizens Commission.
the applicants interviewed and suggested acting on the item later in the
evening.
CONSIDERATION OF AWARD OF CONTRACT FOR THE REMOVAL AND REPLACEMENT OF STRIPING
AND PAVEMENT MARKERS ON WALKER STREET BETWEEN ORANGE AVENUE AND BALL ROAD,
PROJECT NO. 8938: Four bids were received for the removal and replacement of
striping and pavement markers on Walker Street between Orange Avenue and Ball
Road.
It was moved by Councilmember Arnold and seconded by Councilmember Age to: 1 )
authorize an appropriation from the fund balance of the General Fund and
transfer $7,700.00 to Account No. 4186-11-214-08; 2) determine Traffic
Operations, Inc., to be the lowest responsible bidder for Public Works Project
No. 8938; and 3) Award a contract to Traffic Operations. Inc., 216 Toby Way,
Pomona, CA 91767. for removal and replacement of striping and pavement markers
on Walker Street between Orange Avenue and Ball Road. per said firm's bid in
the amount of $7,655.00. 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
CONSIDERATION OF AWARD OF CONTRACT FOR REFINISHING THE COMMUNITY CENTER
AUDITORIUM FLOOR, CITY OF CYPRESS PROJECT NO. 8937: A single bid was received
for the refinishing of the Community Center auditorium floor.
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City Council Hinutes Hay 8, 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 Parks District: 1) determine the responsible bidder
for City of Cypress Project No. 8937 to be Kerr Floors, Inc. and 2) award a
contract for resurfacing the Community Center Auditorium Floor to Kerr Floors,
Inc., 2780 Gundry Avenue, Long Beach, CA 90806 in the amount of $7,019.50.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILHEHBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILHEHBERS: None
ABSENT: 0 COUNCILHEHBERS: None
CONSIDERATION .OF AWARD OF CONTRACT FOR 5KI10K RUN T-SHIRTS. REQUEST FOR
QUOTATION #8889-47: Seven bids were received for 5K/IOK Run T-Shirts with
imprint.
It was moved by Councilmember Arnold and seconded by Councilmember Age 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 Yesterday
Screen Printing, 2309 W. 190th St., Redondo Beach, CA 90278 and award the
contract for the purchase of 5K/IOK Run T-shirts in the amount of $5,939.49.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILHEHBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILHEHBERS: None
ABSENT: 0 COUNCILHEHBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR EIGHT (8) CONCRETE WASTE CONTAINERS,
REQUEST FOR QUOTATION #8889-45: Three bids were received for eight (8)
concrete waste containers.
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 Wausau
Tile/Pre-Terra Products, P.O. Box 967, Banning, CA 92220 and award the
contract for the purchase of eight (8) each concrete waste containers to this
company in the amount of $3,086.72. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEHBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THEATRICAL LIGHTING EQUIPMENT, REQUEST
FOR QUOTATION #8889-50: One bid was received for Theatrical Lighting
Equipment.
It was moved by Councilmember Arnold 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 Theatre
Vision Inc. TVI, 5426 Fair Avenue, North Hollywood, CA 91601, and award the
contract for Theatrical Lighting Equipment in the amount of $4,955.76. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILHEHBERS: 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 Age requested that the minutes of April 24, 1989 be withdrawn
from the Consent Calendar. Mayor Pro Tem Kanel stated that he had received a
letter from Gyan B. Singh, who has filed a claim against the City.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve Consent Calendar Item Nos. 7 through 20, with the exception of Item 7.
The motion unanimously carried by the following roll call vote:
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City Council Minutes May 8, 1989
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item 1#8: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item 1#9: Consideration of Proclaiming May 21-27, 1989, as "Public Works
Week." 'IiI"'~
Recommendation: That the Mayor and City Council officially proclaim the week
of May 21-27, 1989, as "Public Works Week" in the City of Cypress.
Item 1#10: Consideration of Resolution of Commendation for Eagle Scout Thomas
Steven Nagle.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Eagle Scout Thomas Steven Nagle.
RESOLUTION NO. 3566
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT THOMAS STEVEN NAGLE ON ATTAINING THE RANK OF EAGLE SCOUT.
Item #I 11 : Consideration of Claim Filed by Gyan B. Singh.
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 #112: Consideration of Renewal of Towing Service Contract.
Recommendation: That the City Council approve the renewal of the contract for -
auto towing service with Cypress Auto Tow for a one-year period, ending June
30, 1990, per their proposal dated April 4, 1989.
Item #I 13 : Consideration of an Application for an Original Alcoholic Beverage
License Filed by An Quoc & Que Anh Tran, D.B.A. Express Stop Market, 9111
Valley View Street, #1115, Cypress.
Recommendation: Receive and file.
Item #I 14: Consideration of an Original Alcoholic Beverage License Filed by
Quan Tran and Chen-Jung Wu, D.B.A. J & P Market, 5177 Lincoln Avenue, Cypress.
Recommendation: That the City Council receive and file this application,
contingent upon the approval/disapproval of Conditional Use Permit No. 89-9,
scheduled to be considered by the City Council at its meeting of May 22, 1989.
Item #115: Consideration of Approval of City Engineer's Report for Cypress
Corporate Center Landscape Maintenance District No.1 and Declaration of
Intention to Order the Modification of Said Maintenance District No, 1 for
Fiscal Year 1989-90. City of Cypress Project No. 8615-90.
Recommendation: That the City Council: 1 ) Adopt the Resolution by title
only, title as follows, approving the City Engineer's Report, dated May 1,
1989, for Cypress Corporate Center Landscape Maintenance District No.1; and
2) Adopt the Resolution by title only, title as follows, declaring Council's -
intention to order the modification of Cypress Corporate Center Landscape
Maintenance District No.1 for Fiscal Year 1989-90, subsequent to a Public
Hearing on June 12, 1989, pursuant to the Landscaping and Lighting Act of
1972 .
RESOLUTION NO. 3567
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING THE CITY ENGINEER'S REPORT, DATED MAY 1, 1989, FOR CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR
1989/90.
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City Council Minutes May 8, 1989
RESOLUTION NO. 3568
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER THE MODIFICATION OF CYPRESS CORPORATE
CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1989-90,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME
AND PLACE FOR HEARING OBJECTIONS THERETO.
Item #16: Consideration of a Resolution Supporting the County of Orange's
Application for SB 821 Funds Allocated by the Orange County Transportation
Commission for Improvement of the Coyote Creek Bicycle Trail.
Recommendation: That the City Council adopt the Resolution, supporting the
County of Orange's application for SB 821 Funds allocated by the Orange County
Transportation Commission for improvement of the Coyote Creek Bicycle Trail.
RESOLUTION NO. 3569
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE
COUNTY OF ORANGE'S APPLICATION FOR SB 821 REGIONAL FUNDS ALLOCATED BY
THE ORANGE COUNTY TRANSPORTATION COMMISSION FOR IMPROVEMENT OF THE
COYOTE CREEK BICYCLE TRAIL.
Item #17: Consideration of Report on the Arterial Street Designation of Denni
Street, North of Crescent Avenue.
Recommendation: That the City Council direct staff to initiate the process
for amending the Circulation Element of the Cypress General Plan to delete
Denni Street as a Secondary Arterial, between Crescent Avenue and the North
City Limit.
Item #18: Consideration of Appropriation of Funds for Plan Check Services.
Recommendation: That the City Council appropriate $55,000.00 from the fund
balance of the General Fund to Account No. 4183-11-247-09.
Item #19: Consideration of Ordinance Adopting Development Agreement No. 88-2,
Cypress Homes, Inc., Sorrento Planned Community.
Recommendation: That the City Council approve the first reading of the
Ordinance by title only, title as follows, approving the Cypress Homes, Inc.,
Development Agreement No. 88-2.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DEVELOPMENT AGREEMENT NO. 88-2 BETWEEN THE CITY OF CYPRESS AND CYPRESS
HOMES, INC.
Recreation & Park District:
Item #20: Consideration of Acceptance of Construction at Cypress/Arnold Park,
Public Works Project No. 8721.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District: 1) Accept the
construction of Public Works Project No. 8721 as being satisfactorily
completed in accordance with the Plans and Specifications; and 2) Authorize
the City Clerk to release the Labor and Material Bond upon expiration of one
year's guarantee, providing no defects in material or workmanship become
evident.
In regard to the Minutes of the Regular Meeting of April 24, 1989,
Councilmember Age asked if a discussion of the City Attorney's inclusion in
PERS in Executive Session, along with the discussion of salaries, should be
included in the minutes. The City Manager responded that since that item was
not on the Agenda, it could not be acted upon and would be under New Business.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
approve the Minutes of the Regular Meeting of April 24, 1989. The motion
unanimously carried by the following roll call vote:
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City Council Minutes Hay 8, 1989
AYES: 4 COUNCILHEHBERS: Age, Arnold, Kerry and Kane1
NOES: 0 COUNCILHEHBERS: None
ABSENT: 0 COUNCILHEHBERS: None
ORDINANCES (Second ReadinQ) & RESOLUTIONS:
It was moved by Counci1member Arnold and seconded by Counci1member Age to
adopt the Resolution by title only, title as follows, approving C.U.P. 89-7.
with conditions.
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RESOLUTION NO. 3570
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERHIT NO. 89-7 - WITH CONDITIONS (ORIENTAL MINI-MARKET
WITH OFFSITE SALE OF BEER AND WINE. CAMPUS VIEW CENTER, 9111 VALLEY VIEW
STREET.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILHEMBERS: Age. Arnold, Kerry and Kane1
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Counci1member Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows. approving Parcel Map 89-187,
with conditions.
RESOLUTION NO. 3571
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 89-187 - WITH CONDITIONS (SUBDIVIDE TWO PARCELS INTO FOUR.
INCLUDING STREET DEDICATION OF PHYLLIS DRIVE, SOUTHEAST CORNER OF VALLEY
VIEW STREET AND KATELLA AVENUE).
The motion unanimously carried by the following roll call vote: ~
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILHEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
EXECUTIVE SESSION: Mayor Pro Tem Kanel called an Executive Session at 6:48
p.m. for matters of personnel and litigation. The meeting reconvened at 7:40
p.m. with all Counei lmembers present.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry.
PRESENTATIONS: Mayor Pro Tem Kanel read and presented a proclamation entitled
"Fire Service Recognition Day" to Chief Mike McCoy. Battalion I of the Orange
County Fire Department. commending them for their fine work in the community.
Chief McCoy invited the citizens to stop by the fire station for their open
house to be held on Saturday, May 13. Mayor Pro Tem Kanel, along with Chief
McCoy. presented a plaque from the Fire Department to Fire Captain John Bonn.
Mr. Daniel Iwata, President of the California Parks & Recreation Society.
District 10, presented their Volunteer Appreciation Award to Steve Olson.
President of the Cypress Youth Commission.
Mr. Phil Wendel. President of the Cypress Chamber of Commerce. and Mayor Pro
Tem John Kane1 presented plaques to Gina Marie Desmond, Miss City of Cypress
1988 and Miss Victoria Kogan, Miss Teen Cypress 1988. -
The City Hanager provided a brief summary of the actions taken by the City
Council during the 5:30 portion of the agenda.
The City Attorney summarized the discussions during the Executive Session on
two matters in litigation: a federal law suit recently filed by Hollywood
Park Realty Enterprises against the City. Hollywood Park vs. the City
regarding the matter of an appeal and a private communication from the City
Attorney to the Councilmembers regarding Consideration of Filling the City
Council Vacancy by Appointment or by a Special Election.
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ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Ms. Marlene
Peterson. 8212 Gay Street. Cypress. asked the Council if RS-6000 zoning or
acreage of property in the annexation area would be the determining factor for
development. Mayor Pro Tem Kanel referred the question to the Planning
Department for response.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
Mr. Steve Olson, 9744 Avenida Monterey. Cypress, requested that Item #34,
Consideration of Approval of Youth Commission's Sponsorship of Disc Jockey
Services for Cypress High School's Grad Night be moved forward on the Agenda.
Mayor Pro Tem Kanel so noted the request.
Mayor Pro Tem Kanel stated that prior to going into public hearings, and
hearing no objection from the members of the Council. Consideration of Filling
the City Council Vacancy by Appointment or by a Special Election was moved
forward. He stated that this item was placed on the Agenda by Councilmember
Arnold and he then called upon her for a report.
Councilmember Arnold advised that Mr. Walter Bowman had called her. indicated
he had obtained a legal opinion on the City Council action of April 10 that
confirms his appointment as a City Council member and he asked to be able to
speak to the City Council.
Mayor Pro Tem Kanel provided some background information and his conversations
with various individuals on this item and what has transpired since the
Council meeting of April 10.
Councilmember Arnold expressed that one of the concerns for bringing this item
before the Council was that Mr. Bowman had stated that if he is entitled to
the seat. that any decisions the Council has made since April 10 could be in
jeopardy of being voided even if the vote was unanimous and she questioned the
accuracy of this statement.
After further discussion. Councilmember Age asked the City Attorney to respond
to the question posed by Councilmember Arnold. The City Attorney responded
that there could be some jeopardy if there is a member seated by a court or
other action who was denied during a period where that person had the right to
the seat.
Councilmembers Age and Arnold both expressed a desire to hear from Mr. Bowman
and his attorney.
Councilmember Kerry stated that the Council had received counsel from the City
Attorney, that an appointment to the Council would take three votes, no one
had received the necessary three votes and there was no question about it.
Then there was a unanimous vote to have a special election. She asked for a
response from the City Attorney.
The City Attorney stated that he has advised the Council on a number of
occasions that it takes three affirmative votes to appoint someone to the City
Council and that if that did not occur within 30 days, an election would have
to be called.
Mayor Pro Tem Kanel read from portions of transcripts from the March 13 and
Apr i 1 10 and stated, for the record, that three votes were discussed
constantly around here and we all know what the meaning of three votes are and
that is affirmative votes, yes votes. He continued to cite and discuss
portions of the April 10 transcript on the appointment/election procedure.
After further discussion, Mayor Pro Tem Kane! asked Mr. Bowman to come
forward.
Mr. Walter K. Bowman, 6068 Barry Drive, Cypress, stated he brought in a note
to the City Clerk requesting he be sworn in as a City Councilmember pursuant
to the vote of the City Council and his nomination at the April 10, 1989
meeting. He remarked that it had been his experience that when a vote is
taken and there is an abstention, the majority of those voting rule. He then
introduced his attorney.
Mr. Andrew V. Arczynski, Markman, Arczynski, Hanson & Goldman, Number One
Civic Center Circle, Brea, stated the issue presented is a very simple one,
and cited two cases in California law and that in both cases, an abstention
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counted as an affirmative vote. His client was nominated to the position of
Councilmember, two members voted yes. two members voted to abstain, that, in
his view. results in Mr. Bowman being nominated and appointed to the City
Council and the only issue left is when he is going to take the oath of
office.
Responding to Councilmember Age. Mr. Arczynski answered that an alternative
Writ of Mandate and a hearing could be obtained within 45 days.
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Mayor Pro Tem Kanel stated that, in the last analysis, we have a stalemate.
Mr. Bowman had a fair hearing and it seems. in his opinion, that he is using
an excuse to back into the Council.
After some discussion, Mr. Arczynski commented that his client has a valid,
legal point and the law favors his position. He felt that the community would
be ill served to go through potential litigation when the law seems fairly
clear that a person has been appointed to that seat and the oath be
administered to him tonight.
Mayor Pro Tem Kanel assured Mr. Bowman that he would not be seated tonight and
expressed his shock and dismay.
The City Attorney stated that he has read the cases cited and he responded
with the provisions from the City Charter and the City Code. He cited the two
provisions from the City Code for the record: Section 2-2.5, entitled
"Presiding Officer," reads in full, "The Mayor shall preside at the meetings
of the Council and shall preserve strict order and decorum at all regular and
special meetings of the Council. The Mayor shall state every question coming
before the Council. announce the decision of the Council on all subjects and
decide all questions of order, subject; however, to an appeal to the Council
in which event a majority vote of the Council shall govern and conclusively
determine such question of order." He then read the provision regarding
disqualification and abstention.
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Responding to Mayor Pro Tem Kanel. the City Attorney stated he defends the
City as to what the City's action was as recorded in the minutes and does not
need any further action from the Council.
Councilmember Arnold asked if the seating of Mr. Bowman would be addressed by
the City Manager/City Clerk, and asked if the presiding officer had an
approved excuse for not voting.
Mayor Pro Tem Kanel stated he unprecedentedly spoke against Mr. Bowman's
nomination and after the vote, nothing was said so it was assumed that the
vote was excused.
After some discussion. Mayor Pro Tem Kanel and asked some of the applicants
for the City Council vacancy to speak. The following persons came forward and
spoke about the polarization of the City, the Council decision should stand,
what they considered an to be an abstention vote and look forward to an
election.
Mr. Pat Ochoa, 10691 Chestnut Street, Cypress
Mr. Richard Partin, 11456 Culebra, Cypress
Mr. Chris Madore, 9462 Alderbury Street, Cypress
Ms. Dorianne Garcia, 5732 Cathy Lane, Cypress
Mr. Roger Geyer, 4433 Via Majorca, Cypress
Mayor Pro Tem Kanel announced that, as it stands, there is a Council election -
called for September 12.
RECESS: Mayor Pro Tem Kanel called a recess at 10:02 p.m. and reconvened the
meeting at 10:20 p.m. with all Councilmembers present.
It was suggested that Consideration of Approval of Youth Commission's
Sponsorship of Disc Jockey Services for Cypress High School's Grad Night and
Consideration of 1989 Cypress "PoPs" Orchestra's Concert Season be moved
forward and. hearing no objection, Mayor Pro Tem Kanel so ordered.
CONSIDERATION OF APPROVAL OF YOUTH COMMISSION'S SPONSORSHIP OF DISC JOCKEY
SERVICES FOR CYPRESS HIGH SCHOOL'S GRAD NIGHT: The staff reports dated May 1,
and May 3, 1989 indicated that the Youth Commission is requesting approval for
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City Council Minutes May 8, 1989
financial assistance in the amount of $500.00 to cover disc jockey services
for the Cypress High School Grad Night. The City Council had previously
agreed to a onetime only basis of financial support in the amount of $450.00 at
its January 9, 1989 meeting. Based on this action, the City Manager would
suggest that an additional appropriation as requested by the Youth Commission
is inappropriate.
Mr. Steve Olson, President of the Youth Commission, requested permission to
use money from the Youth Commission budget to support this Grad Night
function.
Counci1member Arnold expressed concern about using Youth Commission funds for
a disc jockey at Cypress High School Grad Night and would not support the
request.
Councilmember Age stated that she would be consistent with what the Council
had done previously, which was making the onetime only contribution and will
not support this request.
Councilmember Kerry asked that this item be continued so the Youth Commission
can provide information outlining their fund raising activities and would like
a complete review before a decision is made.
It was moved by Councilmember Kerry and seconded by Counci1member Kanel to
continue this item to the next meeting to allow the Youth Commission to return
with additional information on donations already received and any fund raising
activities. The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Kerry and Kanel
NOES: 1 COUNCILMEMBERS: Age
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF 1989 CYPRESS "POPS" ORCHESTRA"S CONCERT SEASON: Mayor Pro
Tern Kanel had requested that the City Council discuss the Cypress "PoPs"
Orchestra and the required community support. He stated that the Orchestra
was planning a number of concerts and called upon Mr. Hall to comment on the
budget that he had provided to Council.
Mr. John Hall, Music Director, Conductor and Founder of the Cypress PoPs
Orchestra, 5662 Cynthia Lane, Cypress, explained the composition of the
Cypress PoPs, the type of musical selections to be offered with the first
concert on July 15. He requested a City co-sponsorship for each of their
programs and asked Council to consider partial funding of the programs.
Councilmember Age commended Mr. Hall on the excellence of his orchestra and
asked if he had a dollar figure available.
Mrs. Marie Hall, 5662 Cynthia Lane, Cypress, presented some of the possible
benefits to the City that would be provided by the concerts, that co-
sponsorship and endorsement are beneficial to attaining corporate sponsorship
and requested a donation of $20,000.
After some discussion. Mayor Pro Tern Kanel stated that he was prepared to
endorse this program and to support the kick off concert on July 15.
Councilmember Arnold requested additional information on the PoPs budget, and
supported further review of the proposed project. She stated that she would
support an endorsement of the first concert.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
endorse the Cypress PoPs Orchestra. the concert of July 15 be considered the
official "kickoff" event for the Cypress Community Festival, with any monetary
contribution to be discussed during the budget workshop on June 5. Mayor Pro
Tem Kanel suggested continuing this item to May 22 with a report from the City
Manager. It was agreed to amend the motion to continue the item to May 22 and
direct the City Manager to report on the monetary considerations requested by
the Cypress PoPs Orchestra. The City Manager advised that the proposed dates
be verified because there might be conflicts.
The motion unanimously carried by the following roll call vote:
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City Council Minutes May 8. 1989
AYES: 4 COUNCILMEMBERS: Age, Arnold. Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 89-3. AIR-CONDITIONING UNIT
IN SIDE YARD SETBACK, 10411 REXFORD DRIVE, CYPRESS: Mayor Pro Tem Kanel
declared the public hearing open. The Planning Director presented the staff
report dated May 1. 1989, which represented a request for a variance from the ,...,..~
Zoning Ordinance to allow an existing air conditioning unit in the side yard
of a single-family home. According to the provisions of the California
Environmental Quality Act, this project is exempt. Notices of this public
hearing have been posted. published and mailed to all property owners within a
300-foot radius.
Mr. Knapp. Anaheim Heating. 1524A S. Central Park Avenue, Anaheim.
representing the applicant, stated that the air conditioning unit was very
quiet and asked the Council to approve the application.
Ms. Dorianne Garcia, 5732 Cathy Lane, Cypress. asked about the noise level,
the placement of the unit and urged Council not to approve roof placement of
air conditioning units.
No one else 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. 89-3, subject to conditions.
The motion 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: AMENDMENT TO SPECIFIC PLAN NO. 88-3 AND """'"
AMENDMENT TO THE ZONING ORDINANCE NO. 89-2, SORRENTO PLANNED COMMUNITY
SPECIFIC PLAN SIDE YARD SETBACKS ABUTTING A LOCAL STREET, PRIVATE DRIVE OR
ARTERIAL LANDSCAPED SETBACK AREA (BETWEEN ORANGE & BALL AND MOODY & DENNI):
Mayor Pro Tem Kanel opened the public hearing. The Planning Director
summarized the staff report dated May 2, 1989, which represented a request to
amend certain sections of the Sorrento Specific Plan. The proposed amendment
is related to eleven (11) designated lots and would allow a minimum five foot
instead of a ten foot side yard setback for side yards abutting a local
street, private drive or arterial landscaped setback area. A Negative
Declaration will be filed in accordance with the requirements of the
California Environmental Quality Act. Notices of this public hearing were
published, posted and mailed to all property owners within 300 feet.
Mayor Pro Tern Kanel asked if anyone wished to speak in support of the
application.
Ms. Molly Wittenberg, 1919 Glenwood Lane, Newport Beach, volunteered to answer
any questions from the Council and mentioned that the five foot setbacks are
consistent throughout the development.
No one else wished to speak in support of or opposition to the application.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
close the public hearing and certify the Negative Declaration in accordance
with the requirements of the California Environmental Quality Act. -
Councilmember Kerry stated that she would vote negatively on this item because
eight of the eleven houses are zoned are RS-5000. which are smaller lots.
AYES: 3 COUNCILMEMBERS: Age. Arnold and Kanel
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney mentioned that there is a Resolution and an Ordinance,
advised that two more votes are required and read the titles.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, approving amended
Specific Plan No. 88-3.
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RESOLUTION NO. 3572
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDED SPECIFIC PLAN NO. 88-3, SORRENTO PLANNED COMMUNITY.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age. Arnold and Kanel
NOES: 1 COUNCILMEMBERS: Kerry
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,
amending certain sections of the Zoning Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTIONS III.B.2.a.1.f.iii AND III.B.2.a.2.f.iii, DEVELOPMENT
REGULATIONS, OF THE PLANNED COMMUNITY RESIDENTIAL ZONE NO. 7 OF
ORDINANCE 640 OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS
AMENDMENT TO THE ZONING ORDINANCE NO. 89-2.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Arnold and Kanel
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO.
88-32 AND TENTATIVE TRACT MAP NO. 123895, TEN CONDOMINIUMS, INCLUDING TWO
DENSITY BONUS UNITS, 5462 DELONG STREET, CYPRESS: Mayor Pro Tem Kane1 opened
the hearing. The Planning Director presented the staff report dated April 28,
1989. which represented a request to amend an existing approved plan for a
ten-unit apartment project to a condominium project. 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.
Mr. Bob Gilbert, Gilbert Engineering, 4552 Lincoln Avenue, Cypress, mentioned
this is basically the same project with enhanced appearance, entrances on the
opposite of the driveways facing either DeLong or the property on the south
and volunteered to answer any questions.
No one else 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, certify the Negative Declaration according to the
requirements of the California Environmental Quality Act and approve Amendment
to Conditional Use Permit No. 88-32 and Tentative Tract Map 12385, 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 RESOLUTION OF COMMENDATION AND REQUEST FOR FINANCIAL SUPPORT
FOR THE CYPRESS HIGH SCHOOL'S VARSITY CHEERLEADERS. Mayor Pro Tem Kane1
suggested approving the Resolutions of Commendation for the 1988-89 Cypress
High School Varsity Cheerleaders and continuing the request for financial
assistance.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
approve the Resolution by title only, title as follows commending the Varsity Cheer-
leaders. RESOLUTION NO. 3573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
CYPRESS HIGH SCHOOL'S VARSITY CHEERLEADERS FOR A MOST SUCCESSFUL 1988-89 YEAR.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILME~~BERS : None
ABSENT: 0 COUNCILMEMBERS; None
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Councilmember Age asked if Mr. Schlichting could provide more definitive costs
regarding any financial assistance and how it is to be financed.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue the discussion of the request for financial assistance until
add it i ona 1 informational is received. 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 POSSIBLE STUDY OF SIGNAGE IN THE CITY ON COMMERCIAL
PROPERTIES: Mayor Pro Tem Kanel stated that he has talked to the Chamber of
Commerce and the Chamber would be willing. in conjunction with the City staff.
to appoint a committee to study the signage and arrive at some realistic
parameters. He also stated that a conclusion on signage has to be reached and
he believed the best way to do it was to ask the Chamber for their
recommendations.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
request staff to meet with Mr. Ned Fox. Executive Director of the Chamber of
Commerce, to make studies regarding signage in the City. 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 ORDINANCE ESTABLISHING A VEHICLE TRIP REDUCTION PROGRAM FOR
THE CYPRESS BUSINESS PARK: The staff report dated April 28. 1989 summarized
the creation of the proposed Cypress Business Park vehicle trip reduction
program. established the need for this plan and demonstrated how the City and
the Business Park worked together to develop it. ~
Councilmember Age stated that the issue was a very important one, needs
extensive study and asked if this item could be continued to the next meeting.
The Public Works Director responded that the Transportation Management
Association is waiting for these results before they adopt the bylaws.
Mr. Max Sudakow. representing Orbit Instrument of California, 5431 Global
Drive, Cypress, re~inded the Council that the Ordinance seems to indicate the
business are carrying the brunt and burden of the difficulties that are
occurring from growth. If high density types of industrial parks are going
in, access to and from those by automobile traffic is necessary. parking
facilities and all the other considerations are necessary and the burden of
these things cannot continuously be borne by business.
Councilmember Arnold agreed that the this item should be continued and
wondered if there had been sufficient time to study the document.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue this item to the meeting of May 22, 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
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CONSIDERATION OF APPOINTMENTS FOR THE CULTURAL ARTS COMMISSION: The staff
report dated May 3, 1989 indicated that Commissioner Alvin Weinberg does not- ..
wish to be reappointed and Commissioner Lacayo has requested to be reappointed
to a second term leaving one vacant position on the Commission.
Mayor Pro Tem Kanel suggested that Commissioner Lacayo be reappointed and the
applications from the previous interview be reviewed.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
determine there is a vacancy on the Cultural Arts Commission, to reappoint
Lynda Lacayo to the Cultural Arts Commission and to review the applications
previously submitted at the next meeting. The motion unanimously carried by
the following roll call vote:
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City Council M1nutes May 8, 1989
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF INCLUSION OF THE CITY ATTORNEY IN THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM: Mayor Pro Tem Kanel asked that this item be continued to
the meeting of May 22, 1989 to allow time for comparison with other cities.
Councilmember Age mentioned that she understood that the Council had agreed
upon the City Attorney's inclusion in PERS from previous discussions.
Councilmember Arnold stated this had been discussed previously and there had
been no objection.
Mayor Pro Tem Kanel remarked that if there is a consensus, he could go along
with the item.
It was moved by Councilmember Age and seconded by Councilmember Arnold to
authorize the City Attorney to participate in the City's Retirement System.
The City Manager presented the staff report dated May 3, 1989 indicating that
the City Attorney has requested authorization to join the City's retirement
System at an estimated additional monthly cost of $270.00; however, the City
Attorney has agreed not to increase his hourly rate for the next fiscal year.
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 WARRANT LIST FOR WARRANTS NO. 32322 -
32517: It was moved by Councilmember Arnold and seconded by Councilmember Age
to approve Warrants No. 32322 through 32517 in the amount of $655,555.02. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIl.MEMBERS: None
ABSENT: 0 COUNCIl.MEMBERS: None
CONSIDERATION OF ALLOWING THE COUNTY OF ORANGE TO PROCEED WITH A REDEVELOPMENT
BOND SALE IN THE RECENTLY ANNEXED COUNTY ISLAND: The City Manager summarized
the staff report dated May 5, 1989, which indicated that the County had
initiated a Redevelopment Area in the County island prior to annexation by the
City of Cypress and had targeted $600,000 for public improvements in the
annexed area. At this time, the City staff does not feel the City could
assume the redevelopment area and provide the annexed area an improvement in
the amount of $600,000 in the same time frame. Because of that, staff
recommended allowing the County to proceed, if they agree, and guarantee that
the City wi 11 receive the first project funding.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to:
authorize the City Manager to execute an agreement with the County of Orange
which guarantees that the $600,000 in public improvements proposed for the
annexation area will be funded through bond proceeds in an expeditious manner,
and that the debt service collected from the annexation area's tax increment
be in relation to the cost of the benefits received; and direct staff to
research the future possibility of assuming the responsibilities of the County
Redevelopment Area after the issuance of the June bond issue. 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 Age asked if the Senior Citizens' Commission appointment could
be considered at this time or continued to a later date.
After discussion, it was moved by Councilmember Age and seconded by
Councilmember Kerry to continue this item to the meeting of May 22 and,
hearing no objection, Mayor Pro Tem Kanel so ordered.
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City Council Minutes May 8, 1989
ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mayor Pro Tem Kanel
stated he assumed that all the Councilmembers were in support of Wahlstrom for
the Airport Land Use Commission in Los Alamitos and Richard Edgar for his
reappointment.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
EXECUTIVE SESSION: Mayor Pro Tem Kanel called for an Executive Session for
personnel matters at 12:10 a.m. ~~
COUNCILMEMBER ARNOLD LEFT THE MEETING AT 12:25 P.M.
The meeting reconvened at 12:34 p.m. with all Councilmembers present except
Councilmember Arnold.
ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 12:35 a.m. to
Tuesday, May 16, 1989 at 5:30 p.m. in the Administrative Conference Room, West
Wing of the City Hall, 5275 Orange Avenue, Cypress, California.
MAYOR PRO
ATTEST:
CITvI~~PRESS
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