Minutes 89-06-12
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MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
June 12, 1989
The regular meeting of the Cypress City Council was called to order at 5:37
p.m. on Monday, June 12, 1989, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Pro Tem John 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, DeCarlo, Eynon, Hurst, Leonard and
Wi cker
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were
presented.
DISCUSSION OF PROGRAMMING REQUEST - CYPRESS CABLE TELEVISION COMMISSION: The
Cypress Cable Television Commission addressed the City Council concerning
their request of Copley/Colony to add Black Entertainment Television (BET) to
its regular subscription programming.
Ms. Janet Spurgeon, Chairman of the Cypress Cable Television Commission,
stated that there are two items to be addressed: a prize for the slogan
contest for the public access channel and a discussion of Copley/Colony
programming.
Mr. Fred Glass, member of the Cable TV Commission, reported that he has had
several inquiries as to why the Black Entertainment Television (BET) is not
carried by the local cable company and has brought this issue to the attention
of Copley/Colony. He also mentioned that he had concerns about the survey
Copley/Colony will be conducting in the Fall. He requested Council's
endorsement primarily for the cultural exchange among the people of the City
of Cypress and to see that a group is included without conducting a survey.
Mr. Collins, 4527 Everest Circle, Cypress, clarified that BET does not show
violent programs but is truly entertainment and very educational.
Mr. Steve McMahon, General Manager for Cypress Copley/Colony, attempted to
clarify some of the statements with regard to the programming survey which
Copley/Colony sends to approximately 2,000 subscribers each year. He also
described some of the program selections offered by BET and with the number of
present subscribers, it would cost approximately $6000 a year to add BET to
the Cypress cable system. He explained the process that the company
undertakes when adding a new channel.
Responding to Councilmember Arnold, Mr. McMahon answered if the citizens wrote
in or provided a petition, it would give credence to the request.
Mayor Pro Tem Kanel suggested that the Council make an endorsement now and
have Copley/Colony take it back to their corporate headquarters.
Councilmember Arnold expressed her support of this concept.
It was moved by Councilmember Age and seconded by Councilmember Arnold that
the Cypress City Council endorse the Black Entertainment Television
programming, that a survey be conducted during the Community Festival to
gather information to be presented to Copley/Colony, with a copy of that
information provided to the City Council. Councilmember Kerry asked if the
channel could be shared with some other ethnic group in the Cypress area to
compliment as many of the cultures as possible. 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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Mr. Arthur Green, 4559 Blanca Drive, Cypress, remarked that he had never
received a survey from the Copley/Colony organization and suggested that
information on other cable programming be offered at the Copley/Colony booth
at the Community Festival.
CLOSED SESSION: Mayor Pro Tem Kanel called for a closed session at 6:22 p.m.
for matters of litigation. The meeting reconvened at 7:40 p.m. with all
Councilmember present and staff members Beardsley, DeCarlo, Eynon, Hurst.
Leonard and Wicker also present.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry.
PRESENTATIONS: The City Manager administered the loyalty oath and Mayor Pro
Tem Kanel congratulated and presented Certificates of Appointment to newly-
appointed Senior Citizen Commissioner Mary Ballerini and Alternates to the
Senior Citizens Commission Dorothy Galley, Peggy Bowers and Mildred
Thrutchley.
The City Manager reported that during the 5:30 p.m. session, the City Council
voted to endorse the Black Entertainment Television programming requested by
the Cypress Cable TV Commission and adjourned to a Closed Session to discuss
litigation matters.
The City Attorney advised that the matters considered during closed session
were: two items pertaining to the Hollywood Park Realty Enterprises, Inc.
litigation and the Writ of Mandate filed by Mr. Walter Bowman.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mayor Pro Tem
Kanel made his statement, for the record, regarding the action taken by Mr.
Walter Bowman in filing a Writ of Mandate and the entire text of this
statement is on file in the City Clerk's office and is considered a part of
these minutes.
Councilmember Kerry summarized the action taken by herself and Mayor Pro Tem
Kanel on April 10, stating it was made absolutely clear that it took three
affirmative votes and there was a unanimous decision by the City Council to
have a Special Election.
Mayor Pro Tem Kanel stated, for the record, that he deplored what Mr. Bowman
is doing; it is going to cost the City money; it is going to cause division in
here unless he does withdraw as I indicated or urged that he so do. He asked
Councilmember Kerry her opinion.
Councilmember Kerry stated her opposition to what Mr. Bowman is doing and it
is the obligation of the City Council to take whatever legal measures are
necessary to support their position.
Councilmember Age stated that Mr. Bowman has a right to pursue what he
perceives has been wrongfully done to him.
Councilmember Arnold stated that this was not an appropriate place to argue a
case that the City is paying competent attorneys to argue.
Mayor Pro Tem Kanel remarked that, in his opinion, in terms of his and Mrs.
Kerry's condemnation of Mr. Bowman"s activities relative to what he"s trying
to put the City through and he saw no condemnation really from the other two
Councilmembers.
- Mayor Pro Tem Kanel read an editorial from the Press Telegram addressing the
lawsuit filed by Mr. Bowman.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m, Agenda.
Councilmember Kerry requested that the item on Consideration of Agreement
Between the City of Cypress and Cypress Homes, Inc., Regarding Payment of
statutory School Facility Fees be heard prior to the public hearing on the
Sorrento Residential Planned Community Vesting Tentative Tract Map No. 13228
and Design Review No. 89-1 (former Texaco Tank Farm site). The City Attorney
suggested that Consideration of Environmental Indemnification Agreement,
Cypress Homes. Inc. also be heard at that time. Hearing no objection, Mayor
Pro Tem Kanel so ordered.
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City Council Minutes June 12, 1989
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL
PERMIT - MR. JIM DAVIS ON BEHALF OF MAPLE LEAF MARKETING. INC.: The City
Manager referred to the staff reports dated May 16, 1989 and June 6, 1989,
which indicated that an application has been received for a Special Permit
from Mr. Tim Davies. The City hanager noted that the applicant.s name was
"Tim" Davies.
Mayor Pro Tem Kanel asked the Council"s indulgence to table this matter until
the end of the public hearings and, hearing no objection, he so ordered. ....-
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-EXCLUSIVE TAXICAB
FRANCHISE - WEST COAST TRANSPORTATION NETWORK. INC.: Mayor Pro Tem Kanel
opened the public hearing. The City Manager presented the staff report. dated
June 7, 1989, which indicated that the City had received an application on
behalf of West Coast Transportation Network, Inc., for a non-exclusive Taxicab
Franchise in the City of Cypress.
Mr. Hussein Nabatte, 941 North Santiago, Santa Ana, the owner of West Coast
Yellow Cab Company, explained his service and volunteered to answer any
questions from the Council.
No one else wished to speak in support of or opposition to the application.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing and grant the non-exclusive Taxicab Franchise to the
West Coast Transportation Network, Inc., for a period of one year, with a
review of the franchise at the end of that period. 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: MODIFICATION OF CYPRESS CORPORATE CENTER -
LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1989-90. CITY OF CYPRESS
PROJECT NO. 8615-90: The public hearing was opened by Mayor Pro Tem Kane1.
The Public Works Director summarized the staff report dated May 30, 1989,
which indicated that this is the public hearing set under the Cypress
Corporate Center Landscape Maintenance District No.1 for Fiscal Year 1989-90
for a total assessment of $17,900.
Mayor Pro Tem Kane1 asked if anyone wished to speak in support of or
opposition to the modification. No one wished to speak.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the public hearing and adopt the Resolution by title only, title as follows,
ordering the modification of the Landscape Maintenance District NO.1.
RESOLUTION NO. 3580
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ORDERING THE MODIFICATION OF THE CYPRESS CORPORATE CENTER LANDSCAPE
MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1989-90, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND
ASSESSMENT THEREOF.
The motion unanimously carried by the following roll call vote:
AYES: 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. 89-4 - SORRENTO PLANNED COMMUNITY
SPECIFIC PLAN BUILDING LOT COVERAGE EXCEEDING THE MAXIMUM ALLOWED STRUCTURAL
LOT COVERAGE OF 40% (FORMER TEXACO TANK FARM SITE): Mayor Pro Tem Kanel
declared the public hearing open. The Planning Director presented the report
which represented a request to amend Section III.B.2.a.l.g of the Sorrento
Specific Plan. The proposed amendment would allow three (3) of the eight (8)
proposed floor plans to exceed the 40% maximum structural lot coverage by a
maximum of 4%. The amendment is related to 177 lots or 26.4% of the total
number of lots.
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Mr. David Langlois, President of Cypress Homes, Inc., 1817 Loma Roja, Santa
Ana, stated he believed that the key point is that this variance is routinely
allowed in the City zoning code and can be granted administratively and they
are not aSking for anything that would set a precedent in the City.
Mayor Pro Tem Kanel asked if anyone wished to speak in support of the project.
Ms. Diana Larsen, 4460 Casa Grande Circle, Cypress, asked for a synopsis of
the project, start dates, completion dates and any other available
information.
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Ms. Alice Rogers, 4219 Dover Circle, Cypress, asked for clarification 00 some
of the related Agenda items on lot coverage. She expressed concern about the
large homes on the small-sized lots. She also asked for the opportunity to
address many issues on the next agenda item.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, mentioned the street exiting
onto Denni Street. She stated that the citizens were told that there would be
two entries/exits to the development and had specifically asked if there would
be a street into the development off of Denni Street.
Ms. Judy Gilbert, 5791 Roxbury Court, Cypress, asked for clarification on the
lot size and had understood that the lot size would be 6,000 square feet and
asked how many under 5,500 square foot lots there were.
Mr. Alan Lavallee, 5501 Lime Avenue, Cypress, asked that the square footage of
the houses not be made bigger, if anything, reduce the house size.
After some discussion, Mr. Langlois explained that there will be no change in
the appearance of the subdivision, the street exiting on Denni has been in the
plan since its inception and the overall, average lot size in the development
is 5,966 square feet.
Ms. Joanne West, 9375 Cambridge, Cypress, stated that she originally welcomed
the idea of a new development and is very disappointed in the development that
'ft. is proposed.
Mayor Pro Tem Kanel commented that he believed this will be a very nice
development, there is a mixture of floor plans and prices and a development
that we can all be proud of.
It was moved by Councilmember Arnold and seconded by Mayor Pro Tem Kanel to
close the public hearing, certify the Negative Declaration in accordance with
the requirements of the California Environmental Quality Act, approve amended
Specific Plan No. 88-3, Sorrento Planned Community and to approve the first
reading of the Ordinance by title only, title as follows, known as Amendment
to the Zoning Ordinance No. 89-4.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
III.B.2.a.l.g. DEVELOPMENT REGULATIONS, OF THE PLANNED COMMUNITY
RESIDENTIAL ZONE NO. 7 OF ORDINANCE NO. 640 OF THE ZONING ORDINANCE OF
THE CITY OF CYPRESS, KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 89-
4.
Councilmember Age commented that she could not approve this item unless there
was a provision included that the backyard size not be reduced more than one
foot. Councilmember Kerry expressed the same concern and would like to see a
provision limiting certain floor plans to certain-sized lots to afford
standard coverage. Councilmember Age asked if the developer would agree to a
provision to reduce no more than one foot. Councilmember Kerry remarked that
one foot is a minimal amount and would not be enough.
Mr. Langlois suggested one foot on all of the plans except plan 4 in the 5,000
square foot lots and that to be no more that two feet would be agreeable.
Councilmember Kerry mentioned that basically there is no change.
Councilmember Arnold agreed to amend her motion to reflect this condition and
Mayor Pro Tem Kanel concurred. The Planning Director clarified the condition
as: "No more than one foot off of the 6,000 square foot floor plan and no
more than two feet off of the No. 4-5,000 square foot floor plan and no more
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than one foot off of the No. 3-5,000 square foot floor plan." The motion
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Arnold and Kanel
NOES: 1 COUNCILMEM~ERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
The next two items were moved forward.
CONSIDERATION OF AGREEMENT BETWEEN THE CITY OF CYPRESS AND CYPRESS HOMES. ~
INC.. REGARDING PAYMENT OF STATUTORY SCHOOL FACILITY FEES: The City Manager
presented the staff report dated June 8, 1989, which indicated the draft tfo,."",..
agreement, upon approval, will become Exhibit "A" to the agreement between the
Cypress Redevelopment Agency and the Cypress School District. Basically, it
provides for the advance payment of School Facility Fees to the Cypress
Elementary School District to assist them in the planning and rebuilding of
Landel1 School.
Mr. William Calton, Superintendent of the Cypress Elementary School District,
expressed his appreciation for the work the City staff and City Council has
done on the agreement and because of the late receipt of the agreement by the
school district, asked that any action taken by the Council would be
contingent upon review and acceptance by the Board of Trustees.
The City Attorney stated that the agreement reflects everything that was
requested by the School District and he doesn"t see any necessity for change
in the Exhibit. The agreement, if approved by the Council, will become
Exhibit "A" of an agreement with the School Board.
Ms. Donna Erickson, 9144 Evergreen Drive, Cypress, member of the School Board
of Trustees, expressed disappointment that the agreement came so late, the
Board has not had an opportunity to review the document and asked the Council
to postpone their decision until it can be reviewed or be subject to the
School Board's approval. ~
The City Attorney advised that it would be best for the Council to approve the
Exhibit tonight and then the Board can take its action. .~
The City Manager explained that the agreement under discussion is an exhibit
to another agreement. The agreement between the District, the City and the
developer has been in the hands of the District for some time and if the
District is not satisfied with the agreement, it won"t be executed until
everyone is in accord.
After further discussion, Mr. Calton stated that they were not disagreeing
with the agreement, the only concern was that they would like to have their
counsel, consultant and Board review the document.
Councilmember Arnold stated she was comfortable in approving this document as
presented because it was an agreement between the City and the developer and
any concerns that the School District might have would be dealt with under the
Redevelopment Agency Agreement.
The City Manager advised that the approval be made subject to the
acknowledgment of the Cypress School District, which is called for in the
agreement.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve the agreement as submitted. 1fIIl'l!ftn~,
Mayor Pro Tem Kane1 commented that the agreement has been worked on for a
number of months, if there are any changes that need to be made, they will be
made, and other points will be considered under the Redevelopment Agency. 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 ENVIRONMENTAL INDEMNIFICATION AGREEMENT, CYPRESS HOMES. INC.:
The Planning Director presented the staff report dated June 7, 1989 which
indicated that the developer has met the condition imposed by preparing an
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indemnification agreement and is in concurrence with the intent of the
condition.
It was moved by Councilmember Arnold and seconded by Councilmember Age to
approve the Environmental Indemnification Agreement and authorize the Mayor
Pro Tem to sign the Environmental Indemnification agreement on behalf of the
City. 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
RECESS: Mayor Pro Tem Kanel called a recess at 9:32 p.m. and reconvened the
meeting at 9:41 p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: SORRENTO RESIDENTIAL PLANNED COMMUNITY
VESTING TENTATIVE TRACT MAP NO. 13228 AND DESIGN REVIEW NO. 89-1 (FORMER
TEXACO TANK FARM SITE): Mayor Pro Tem Kanel opened the public hearing. The
Planning Director summarized the staff report dated June 7, 1989, which
indicated the applicant proposed to subdivide the 143.9 acre site for the
purpose of developing 671 single family detached units and a community park.
Prior to actual development of the project, the City Council must consider a
design review of the respective development plans and the Vesting Tentative
Tract Map.
Mr. Dave Langlois, President of Cypress Homes, Inc., mentioned that there have
been a number of trade-offs that have occurred over the past two years and
commented on the five major benefits that the City has received in the
process. He also explained the architecture of the proposed development and
volunteered to answer any questions.
Mayor Pro Tem Kanel asked if anyone else wished to speak in support of the
project.
Ms. Judy Gilbert. 5791 Roxbury Court, Cypress, congratulated the developer on
incorporating the citizens' suggestions, would like to see the project
developed as soon as possible and encouraged the developer to consider larger
lot sizes.
Ms. Alice Rogers, 4219 Dover Circle, Cypress, referred to the staff report and
requested the number of lots at each lot size and how many lot sizes there
are. She asked what guarantee the City and citizens have that there will be
no changes.
The City Attorney responded that if the developer makes changes that are not
within their vesting tentative map, the process is started over.
Ms. Rogers also addressed the matter of the street opening onto Denni and
believed it could be a potential liability problem. She also requested a
police report on the number of accidents at the intersection of Denni and Ball
and the probable cause of those accidents.
The Public Works Director explained that the two additional openings onto the
arterial streets were necessary because of the number of homes that are being
served. They felt that the openings on Moody and Ball alone were not
sufficient to serve the tract and the street was as far north on Oenni as
possible without interfering with the flood control channel.
Ms. Rogers also mentioned the amount of traffic currently on Orange and
suggested that a traffic signal be considered.
Mr. Walter Bowman, 6086 Barry Drive, Cypress, had several questions about the
common area maintenance, the projected total assessment figure, how the funds
would be earmarked and what effects the ballot measure on property taxes would
have.
The City Attorney advised that some appropriate financing mechanism would be
formulated this year prior to any effective date of any upcoming legislation.
Mayor Pro Tem Kanel asked Mr. Langlois to speak, for the record, to respond to
Mr. Bowman on any costs to the City. Mr. Langlois answered that the cost to
the City of Cypress is zero and it is not known what the exact Mello-Roos
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City Council Minutes June 12,1989
assessment will be, which is something that the developer will be working on
in conjunction with the City staff.
Councilmember Kerry asked if some of the smaller lots could be made into
auxiliary parking at the park site.
Mr. Langlois responded that the developer is not placing any parking
restrictions and they'll install whatever the City decides.
Councilmember Age expressed her opposition to the street opening onto Denni
and could not agree to it.
Responding to Counci1member Arnold, the Public Works Director suggested the
safest way out of the tract would be right turns only rather than any 'left
turns.
After further discussion, the Director of Recreation & Parks and City Manager
provided information on the reasons for the park placement.
Councilmember Kerry suggested the possibility of reconfiguring the park to
eliminate these problems.
The City Manager suggested meeting with the staff and the park consultant and
if there is a consensus to redesign, then it should be looked at quickly.
After some discussion, Councilmember Age stated. as a last resort, she would
consider a right hand turn only. She requested that all alternatives and
possibilities be reviewed and she be convinced that all efforts have been
exhausted.
The City Attorney advised that the developer would have to agree to review
this with the staff and if a minor modification can be made, it will be made
and returned to the Council. If a minor modification cannot be made, it would
be approved as presented.
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Mr. Langlois suggested that the park site be reviewed to determine if there
are any feasible alternatives. He asked if the vesting map be approved now
with a condition that alternatives will be explored with the staff and a minor
modification can be made, considering a minor modification as moving the
access road on Denni or reconfiguring the park. He stated that it was
imperative that the action be taken tonight.
No one else wished to speak in support of or opposition to the application.
Returning to the request by Ms. Rogers, the Planning Director read the number
of lot sizes: 168 parcels between 5,000 and 5,100; 32 between 5,100 and
5,200; 34 between 5,200 to 5,300; 15 between 5,300 to 5,400; 29 between 5,400
to 5,550; 16 between 5,500 to 5,600; 11 between 5,600 to 5,700; 6 between
5,700 to 5,800; 2 between 5,800 to 5.900 for a total of 341 units.
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing, certify the Negative Declaration in accordance with the
California Environmental Quality Act and approve Design Review 89-1 and
Vesting Tentative Tract Map No. 13228, with conditions, including the
condition that the park site be reviewed, any modification be minor and
resolved by the next City Council meeting. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None IIIIIIIII
ABSENT: 0 COUNCILMEMBERS: None
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RECESS: Mayor Pro Tem Kanel recessed the meeting at 11:45 p.m. and reconvened
at 11:53 p.m. with all Counci1members present.
CONSIDERATION OF PUBLIC HEARING RE: DEVELOPMENT AGREEMENT NO. 89-1. CYPRESS
CORPORATE CENTER (SOUTHEAST CORNER OF VALLEY VIEW STREET AND KATELLA AVENUE):
Mayor Pro Tem Kanel opened the hearing. The City Manager stated that a
continuance has been requested.
It was moved by Counci1member Arnold and seconded by Councilmember Kerry to
continue this item to June 26, 1989. 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
CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 89-1. DELETE
DENNI STREET. NORTH OF CRESCENT AVENUE AS A SECONDARY ARTERIAL. AND RECLASSIFY
AS A LOCAL STREET: Mayor Pro Tem Kanel declared the public hearing open. The
Planning Director presented the staff report dated June 1, 1989 which
indicated that the Circulation Element of the Cypress General Plan has been
amended to be consistent with the Master Plan of Arterial Highways.
In accordance with the California Environmental Quality Act, a Negative.
Declaration will be filed for this project.
Notices of this public hearing were posted and published.
Mayor Pro Tem Kane1 asked if anyone wished to speak in support of or
opposition to the amendment. No one wished to speak.
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 adopt the
attached Resolution by title only, title as follows, approving General Plan
Amendment No. 89-1.
RESOLUTION NO. 3581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
GENERAL PLAN AMENDMENT 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 32772 -
33025: It was moved by Councilmember Arnold and seconded by Councilmember
Kerry to approve the Warrants No. 32772 through 33025 in the amount of
$603,211.09. 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 recessed the meeting at 11:58 p.m. to act as the
Cypress Redevelopment Agency. The City Council meeting reconvened at 12:02
a.m. with all Councilmembers present.
Returning to Continuation of Consideration of Public Hearing Re: Application
for Special Permit - Mr. Tim Davies On Behalf of Maple Leaf Marketing, Inc..
Mayor Pro Tem Kanel noted that the applicant was not present.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
continue this item to June 26. 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 CONTRACT RENEWAL FOR WEED ABATEMENT FOR FISCAL YEAR 1989/90:
The staff report dated May 25, 1989 indicated that Edwin Webber has submitted
a letter offering to perform weed abatement work for Fiscal Year 1989/90 under
the same specifications and for the same contract unit prices as in previous
years.
It was moved by Councilmember Kerry and seconded by Counci1member Arnold to
approve the award of contract for weed abatement for the Fiscal Year 1989/90
to Edwin Webber Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647, for
the same contract unit prices as Fiscal Year 1988/89. 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:
CONSIDERATION OF AWARD OF CONTRACT FOR SEWER MAINTENANCE SERVICES: Three bids
were received for preventative cleaning of the sewer lines throughout the City
and annual cleaning of the City's sewer pump station on Orangewood Avenue.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to ..."'~
determine that the lowest responsible bidder for Sewer Maintenance Services to
be Richard L. Walker. Inc., P.O. Box 4428, Anaheim, CA 92803 and award a two-
year service contract to that company in the amount of $69,864.15 through June
12, 1991.
CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL BUS TRANSPORTATION CONTRACT.
REQUEST FOR QUOTATION 8889-54: Two bids were received for an annual bus
transportation contract for the Cypress Recreation and Park District excursion
program.
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District: I) accept the bid received from Hot
Dogger Tours, Inc., 12110 E. Philadelphia, Whittier, CA 90601 for Recliner Bus
Transportation and award a contract to this company for a period of one year;
and 2) accept the bid received from Ryder Student Transportation, 917 E.
Pacifico Ave., Anaheim, CA 92805 for School Bus Transportation and award a
contract to this company for a period of one year. 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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CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar"
are to be considered by the City Council to be routine and will be enacted by
one motion approving the recommendations listed on the Agenda.
The City Manager stated that the applicant requested that Item No. 23,
Consideration of Design Review Committee Nos. 89-11, 89-12 and 89-13, Three
Office Buildings, Southeast Corner of Valley View Street and Gateway Drive,
Cypress be continued to the June 26 Council meeting.
The City Manager asked the Council if they wished to continue to have Design
Reviews on the Consent Calendar or under "New Business" and the Council
desired to have Design Reviews considered under "New Business" on future
Agendas.
Mayor Pro Tem Kanel requested that the minutes of May 31, 1989 indicate that
it was a Special Meeting called by Counci1member Age with the concurrence of
the three other members of the Council.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
approve the Consent Calendar Item Nos. 5 through 25, except Item No. 23 which
is continued to June 26, 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
Item #5: Motion to Approve the City Council Minutes of May 16, 1989, May 22,
1989, May 24, 1989, and May 31, 1989.
Recommendation: That the City Council approve the Minutes of the Adjourned
Regular Meeting of May 16, 1989, the Regular Meeting of May 22, 1989, the
Adjourned Regular Meeting of May 24, 1989, and the Special Meeting of May 31,
1989, as submitted.
Item #6: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
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City Council Minutes June 12, 1989
Item #7: Consideration of Claim Filed by Gregory Mooney, Attorney-at-Law, On
Behalf of Eva Hess.
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 #8: Consideration of Renewal of Lease With the North Orange County
Regional Occupational Program for Use of Portions of the Facility Located at
5172 Orange Avenue.
Recommendation: That the City Council approve the one-year renewal of the
existing lease between the City of Cypress and the North Orange County.
Regional Occupational Program for use of portions of the facility located at
5172 Orange Avenue, which would expire on June 30, 1990.
Item #9: Consideration of Resolution Commending Eagle Scout Andrew Michael
Biolchino.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Boy Scout Andrew Michael Biolchino on attaining
the rank of Eagle Scout.
RESOLUTION NO. 3582
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT ANDREW MICHAEL BIOLCHINO ON ATTAINING THE RANK OF EAGLE SCOUT.
Item #10: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Bandaly George & Ellen Aftim Saba, D.B.A. J & B FoocrMarket.
4490 Lincoln Avenue, Cypress.
Recommendation: That the City Council receive and file the application,
contingent upon the approval/disapproval of a conditional use permit to be
considered by the City Council at a future Council meeting.
Item #11: Consideration of Acceptance of Weed Abatement of Seasonal and
Recurring Weeds and Assessments for Weed and Rubbish Abatement for Phase II of
the 1988/89 Program.
Recommendation: That the City Council: I) Accept the work of weed and
rubbish abatement as being satisfactorily completed in accordance with the
specifications for the work; 2) Approve the contract change with Edwin Webber,
Inc. of Huntington Beach, CA, from the original award of $6,330.00 to the
final cost of $9,895.05; and 3) Adopt the Resolution by title only, title as
follows. confirming the weed abatement assessments and imposing special
assessments as a lien on the parcels shown on Exhibit "A".
RESOLUTION NO. 3583
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN
THE CITY OF CYPRESS.
Item #12: Consideration of a Resolution Granting Authority to the City
Manager to Make Disability Retirement Determinations On Behalf of the City
Council
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, assigning the City Manager to make determinations of
disability under the Public Employees' Retirement Law and to promulgate
procedures to implement such responsibility.
RESOLUTION NO. 3584
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DELEGATING ITS
AUTHORITY AND ASSIGNING THE RESPONSIBILITY TO MAKE CERTAIN
DETERMINATIONS AND APPLICATIONS RELATING TO DISABILITY RETIREMENTS UNDER
THE PUBLIC EMPLOYEES' RETIREMENT LAW, AND TO PROMULGATE RULES AND
PROCEDURES TO IMPLEMENT SUCH RESPONSIBILITY.
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City Council Minutes June 12, 1989
Item #13: Consideration of Annual Requa1ification of Participating Cities in
the County of Orange Arterial Highway Financing Program (AHFP).
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, informing the AHFP Advisory Committee that the Circulation
Element of the Cypress General Plan conforms to the County MPAH.
RESOLUTION NO. 3585
.....,;,"1'f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE
ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT
THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMS TO THE
COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS.
Item #14: Consideration of Report on Contract Change Order No. 2 for Project
No. 8609, Improvement of the North Side of Katella Avenue, from Valley View
Street to Holder Street.
Recommendation: That the City Council concur with the approval of Contract
Change Order No.2 for Public Works Project No. 8609, as described in the
report, and authorize the transfer of $3,540.00 from the Business Park Traffic
Impact Mitigation Fee Fund No. 24 to Account No. 4186-22-401.21.
Item #15: Consideration of Employment Lists for the Positions of Building
Inspector and Maintenance Worker II.
Recommendation: That the City Council certify the Employment List for the
position of Building Inspector and the Promotional Employment List for the
position of Maintenance Worker II, as submitted.
It em # 16 : Consideration of Change of Representation on the Cypress
Transportation Advisory Committee (C.T.A.C.).
Recommendation: That the City Council concur with the appointment of Mr. Mike ~
Wallo to replace Mr. Dave Perea as the Cypress Business Park major tenant
representative to the Cypress Transportation Advisory Committee.
Item #17: Consideration of Cypress Cable Television Commission Community
Festival Contest.
Recommendation: That the City Council authorize the Cable Television
Commission to purchase a $50.00 savings bond to be awarded in the Channel 57
slogan contest at the 1989 Cypress Community Festival.
Item #18: Consideration of a Notice From the County of Orange of the 1989-90
Special District Augmentation Funding.
Recommendation: Receive and file.
Item # 19 : Consideration of an Amendment to the Agreement With the City of
Garden Grove for Nutrition Services.
Recommendation: That the City Council approve the Amendment to the Agreement,
dated March 28, 1977, between the City of Cypress and the City of Garden
Grove, to provide nutrition services for the period of July 1, 1989 through
June 30, 1992, and authorize the Mayor to sign and the City Clerk to attest
the Amendment.
Item #20: Consideration of Lease Renewal With the Cypress Chamber of Commerce -
for the Frank P. Noe Building.
Recommendation: That the City Council approve the renewal of the lease for
use of the Frank P. Noe Building at the existing $1.00 per year rate, expiring
on June 30, 1990.
Item #21: Consideration of Orange County Law Enforcement/Public Works
Communication System.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, authorizing and confirming the City's participation in the
Orange County Law Enforcement and Public Works Communications System, and
authorizing the City"s participation in an agreement with the County of Orange
for the financing, acquisition, maintenance and use of said system.
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109
City Council Minutes June 12, 1989
RESOLUTION NO. 3586
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND
CONFIRMING THE CITY'S PARTICIPATION IN THE ORANGE COUNTY LAW ENFORCEMENT
AND PUBLIC WORKS RADIO COMMUNICATIONS SYSTEM, AND ITS PARTICIPATION IN
AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE FINANCING, ACQUISITION,
MAINTENANCE AND USE OF SAID SYSTEM.
Item #22: Consideration of Amendment to Design Review Committee No. 87-24,
One-Story Design Studio Expansion, Mitsubishi Motor Sales of America, 6400
Katella Avenue, Cypress.
Recommendation: That the City Council: A) Certify the Negative Declaration
as prepared according to the requirements of the California Environmental
Quality Act (CEQA) and B) Receive and file Amendment to Design Review
Committee No. 87-24, subject to the conditions in Exhibit "A".
Recreation & Park District Matters:
Item #24: Consideration of Appropriation for Replacement of Video Cassette
Recorder.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, appropriate
$400 from the Cypress Recreation and Park District General Fund to Account
4568-83-650.35 for purchase of the replacement of the donated video cassette
recorder at the Senior Citizen Center.
Item #25: Consideration of Authorization to Attend the 1989 National
Recreation & Park Association Conference.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation & Park District, authorize the
attendance of Recreation & Park Director, Marvin DeCarlo, to the 1989 National
Recreation & Park Association Conference to be held in San Antonio, Texas, on
October 19 - 24. 1989, and be reimbursed for all actual and necessary expenses
incurred.
ORDINANCES (Second ReadinQ) & RESOLUTIONS:
It was moved by Councilmember Arnold and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, denying C.U,P. 89-9.
RESOLUTION NO. 3587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING
CONDITIONAL USE PERMIT NO. 89-9 (OFFSITE GENERAL ALCOHOL SALES, LINCOLN
MARKET, 5177 LINCOLN AVENUE).
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Arnold, and Kerry
NOES: 1 COUNCILMEMBERS: Kanel
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Kerry to order
the following Ordinance read by title only, title as follows, and to adopt the
Ordinance amending Ordinance No. 640.
ORDINANCE NO. 817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY
AMENDING THE PC-2, PLANNED COMMUNITY BUSINESS PARK ZONE NO.2, TO BE
CONSISTENT WITH THE AMENDED CYPRESS CORPORATE CENTER SPECIFIC PLAN NO.
88-1 (SOUTHEAST CORNER OF VALLEY VIEW STREET AND KATELLA AVENUE).
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City Council Minutes June 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 I
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, approving Tentative Tract Map
No. 13985. fP"""';~
RESOLUTION NO. 3588
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING.
TENTATIVE TRACT MAP NO. 13985 - WITH CONDITIONS (12-LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION, 4541-4551 CRESCENT AVENUE).
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 Relocation Permit
No. 89-1.
RESOLUTION NO. 3589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
RELOCATION PERMIT NO. 89-1 - WITH CONDITIONS (RELOCATE A SINGLE-FAMILY
RESIDENTIAL HOUSE FROM 4541 CRESCENT AVENUE TO 8661 ACACIA STREET).
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 Public Works Director noted that there had been a change made in this
Ordinance at the first reading, which was not reflected in the present
document. For the record, the change is in Section 16-94, B 2 alld B 3, the
last two words "considered reasonable" should be changed to "the objective."
It was moved by Counci1member Arnold and seconded by Counci1member Age to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance establishing a Vehicle Trip Reduction Program.
ORDINANCE NO. 818
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A
VEHICLE TRIP REDUCTION PROGRAM FOR THE CYPRESS BUSINESS PARK.
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
Mayor Kanel asked the Council's concurrence in adjourning the meeting in
memory or the students and workers who lost their lives in Tiananmen Square in -
Beijing, China.
CLOSED SESSION: Mayor Pro Tem Kanel called for a closed session at 12:02 a.m.
to discuss personnel matters. The meeting reconvened at 12:13 a.m. with all
Councilmembers present.
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City Council Minutes June 12, 1989
ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 12:15 a.m. in
memory of those students and workers who lost their lives in Tiananmen Square,
Beijing. China.
MAYOR P
ATTEST:
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CITY CLE~ OF THE CI~OF CYPRESS
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