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Minutes 89-07-24 , . . HINUTES OF A REGULAR HEETING OF THE CYPRESS CITY COUNCIL HELD July 24. 1989 The regular meeting of the Cypress City Council was called to order at 5:05 p.m. on Honday. July 24. 1989. in the Cypress City Council Chamberl. 5275 Orange Avenue. Cypress. California. Hayor Pro Tem John Kanel presiding PRESENT: Councilmembers Age. Arnold. Bowman; Kerry and Kanel ABSENT: None Also present was City Hanager/City Clerk Darrell Essex. The Councilmembers conducted oral interviews of the two candidates for the one vacant position on the Cultural Arts Commission. RECESS: Hayor Pro Tem Kanel recessed the meeting at 5:19 and reconvened at 5:30 with all Councilmembers present, staff members Beardsley. Eynon, Hurst Leonard and Lowenberg and the City Attorney Jerry Patterson also present. ORAL COHHUNICATIONS: For Hatters on the 5:30 p.m. Agenda. None were presented. Hayor Pro Tem Kanel introduced the new member of the Cypress City Council, Walter Bowman. CLOSED SESSION: Hayor Pro Tem Kanel called a closed session at 5:31 p.m. to discuss matters of personnel and litigation. The meeting reconvened at 7:37 p.m. with all Councilmembers present and staff members Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: The pledge was led by the Boy Scouts of Troop 616. The City Hanager stated that the City Council conducted interviews for the vacancy on the Cultural Arts Commission and took no other action on the 5:30 portion of the Agenda and deferred to the City Attorney. The City Attorney summarized the discussions during the closed session on some Civic Center properties, an appeal of a police officer in a disciplinary action and the federal case on Hollywood Park Realty vs. the City of Cypress. The new Councilmember, Walter Bowman, introduced his family, thanked everyone for their support and made a brief statement. It was moved by Councilmember Age and seconded by Councilmember Bowman to move Item No. 25, Consideration of City Council Reorganization, forward. Mayor Pro Tem Kanel asked the City Attorney for an explanation of the Charter and the procedures required to place the Council reorganization on the Agenda. The City Attorney explained the three methods stated in the Charter that provided the method for electing a Mayor and he advised the present situation was unusual in that the Charter did not appear to address what occurs if the Mayor"s seat is vacant. The City Manager responded that the Charter very clearly says it does take an order of a majority of the Council to make a reorganization when that reorganization is not within the November time frame and it is on the Agenda so the Council can consider whether or not they wish to reorganize. Mayor Pro Tem Kanel stated that he wished to clarify the legal status of the Charter from the City Attorney and also receive an interpretation from the City Manager. The City Attorney clarified that there is no violation of the Brown Act. Councilmember Kerry remarked that this issue should be continued to the next meeting because the Charter says it takes a majority vote of the Council to place this item on the Agenda. 1 ,...-.1 !/,/: 135 City Council Hinutes July 24. 1989 The motion carried by the following roll call vote: AYES: 3 COUNCILHEHBERS: Age. Arnold and Bowman NOES: 2 COUNCILHEHBERS: Kerry and Kanel ABSENT: 0 COUNCILHEHBERS: None The City Hanager. responding to Hayor Pro Tem Kanel. asked the Council majority if they wish to consider the selection of a Hayor and a Hayor Pro Tem. Councilmember Age declared that she was opting for a complete reorganization '1Mm meaning Hayor and Hayor Pro Tem. Councilmember Kerry stated that she did not intend to participate in a reorganization of the Council this evening. Hayor Pro Tem Kanel stated that he would not participate in this illegal act either because they should continue the item to the next meeting or a special meeting. Councilmembers Kerry and Kanel left the Council Chambers at 8:06 p.m. It was moved by Councilmember Age and seconded by Councilmember Bowman to direct that a reorganization of the City Council take place. The motion carried by the following roll call vote: AYES: 3 COUNCILHEHBERS: Age. Arnold and Bowman NOES: 0 COUNCILHEHBERS: None ABSENT: 2 COUNCILHEMBERS: Kanel and Kerry The City Clerk called for nominations for the office of Hayor. Councilmember Age nominated Councilmember Arnold for Mayor. A motion was made to close the nominations and hearing no objections. the City Cl.erk declared the nominations closed. The nomination carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age, Arnold and Bowman NOES: 0 COUNCILHEMBERS: None ABSENT: 2 COUNCILHEMBERS: Kanel and Kerry Councilmember Arnold assumed her seat as Mayor and asked for nominations for the office of Hayor Pro Tem. Councilmember Bowman nominated Councilmember Age for Mayor Pro Tem and hearing no objection, Hayor Arnold declared the nominations closed. The motion carried by the following roll call vote: AYES: 3 COUNCILMEHBERS: Age. Bowman and Arnold NOES: 0 COUNCILMEHBERS: None ABSENT: 2 COUNCILMEHBERS: Kanel and Kerry Since this enire discussion was requested to be on the record. a complete transcript of this section of the minutes is on file in the City Clerk's office. RECESS: Mayor Arnold called for a recess at 8:12 p.m. The meeting reconvened at 8:16 p.m., with all Councilmembers present. Mayor Arnold welcomed Hr. Bowman as a member to the City Council and congratulated Mrs. Age upon becoming Mayor Pro Tem. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Ms. Christine Swain, 5362 Crescent Street. Cypress. announced her intention to file recall proceedings against Councilmembers John Kanel and Gail Kerry. Her statement will accompany the filing papers. Hr. Gerry Mullen, 4190 Elizabeth Court, Cypress, asked the City Attorney if. in fact, he had advised Councilmembers Kanel and Kerry that an affirmative vote of three members of the Council was sufficient to decide the question of the seating of City Councilmembers and was that advice given prior to the abstention actually having been made. 2 7-.) ://:, ,~ ." 136 City Council Minutes July 24. 1989 Mayor Arnold responded that the advice of three affirmative votes was given to those two Councilmembers prior to their abstention vote. The question of abstention was not discussed and the City Attorney had stated that it was not. Mr. Mullen submitted that there is no excuse for any member of the Council with John Kanel's experience to abstain under any circumstance but certainly with respect to such an important issue. Councilmember Kanel advised that he will be rising to a point of personal ~ privilege on Mr. Mullen's remarks so an answer can be obtained. Dorianne Garcia. 5732 Cathy Lane. Cypress. asked if a second was required in the nomination procedure and the Mayor's reply was negative. Jane Wozniak. 5580 Avenida Granada. Cypress. reported that Councilmembers Age and Arnold were served with recall papers. Councilmember Age read the recall papers presented to her this evening and provided comments in response to those papers. Councilmember Kanel rose to the point of personal privilege. mentioned the decision of the judge to seat Mr. Bowman was probably a major factor in recall papers being presented to two fellow Councilmembers. He also provided some background information on the how the court proceeded in making the decision. Responding to Mr. Mullen. he stated that Hr. Patterson had advised him that abstention votes do not count; it had to be three YAS votes and he had then advised Councilmember Kerry. Hr. Dell Estep. 5131 Alaska Avenue. Cypress. asked to proceed with the Agenda and to move on without further delay. Hr. Allan Wilson. 5092 Alaska Avenue. Cypress. requested the City remove a palm tree from the parkway next to his home. - Mayor Arnold mentioned she also had received recall papers. ORAL COMMUNICATIONS: For Clarification of Hatters on the 7:30 P.M. Agenda. Hr. Gil Hunnicutt. representing the Cypress Business Park Transportation Hanagement Association. an employee of Hitsubishi. 575 Plaza Drive. Cypress. asked that the item on the loan of funds to the Cypress Business Park Transportation Hanagement Association be moved forward. Hr. John Hall, 5662 Cynthia Lane, Cypress, requested that the item regarding funding of the Cypress "Pops" Orchestra be moved up. Hs. Judy Estep. 5131 Alaska Avenue, Cypress. asked that the report on city street tree and median island policies be moved up. Hr. Les Kuty. 10531 Greta Circle, Cypress. asked if agenda items had to be discussed under Oral Communications or would they be discussed when the item was called. Councilmember Kerry asked that the item on the review of the actions regarding Bowman v. City of Cypress be moved forward. Hr. Carl Erickson. no address given, asked that the agenda be followed as published. - Hayor Arnold polled the Council to determine if they preferred to stay with the agenda or move various items forward. After some discussion among the io;".~ Councilmembers. it was moved by Councilmember Age and seconded by Councilmember Bowman to follow the agenda as published. The motion carried by the following roll call vote: AYES: 4 COUNCILHEHBERS: Age. Bowman. Kerry and Arnold NOES: 1 COUNCILHEHBERS: Kanel ABSENT: 0 COUNCILHEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERHIT - HR. CHARLES ISKANDAR HOURAD. D.B.A. DYNASTY JEWELRY & WATCH HART. 5491 BALL ROAD. IIC. CYPRESS. (NORTHWEST CORNER OF WALKER & BALL): Hayor Arnold declared the 3 137 City Council Hinutes July 24. 1989 public hearing open. The City Hanager presented the staff report dated July 19. 1989. which indicated that an application had been received for a Special Permit to allow the operation of a second-hand business at Dynasty Jewelry & Watch Hart. 5491 Ball Road. IC. due to a change of ownership. The affidavits of publication and posting of the public hearing notice on this matter are on file in the office of the City Clerk. The applicant. Hr. Charles Hourad. 4565 Ramona. la Verne. stated he currently has a jewelry business in downtown Los Angeles and would like to relocate. Hayor Arnold asked if anyone wished to speak in support of or opposition to ~~ the application. No one wished to do so. It was moved by Councilmember Kanel and seconded by Councilmember Age to close the public hearing and approve the permit. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILHEHBERS: Age. Bowman. Kanel. Kerry & Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 89-8. SPA SERVICE EQUIPHENT IN SIDE YARD SETBACK. 4180 AVENIDA SEVILLA: Hayor Arnold opened the public hearing. The Planning Director summarized the staff report dated July 14. 1989, which represented a request for a variance from Section 9.3.A. of the City Zoning Ordinance to allow installation of spa :ervice equipment in the side yard rather than rear yard area of a single-family home. According to the provisions of the California Environmental Quality Act, this project is exempt, Class 3. Notices of this public hearing were posted, published and mailed to the property owners within a 300-foot radius of the subject property. Hs. Karen Carrillo, 4180 Avenida Sevilla, Cypress, along with her agent, stated that there was a statement in the staff report about air conditioning units, which does not apply to her request. The City Hanager advised that Item 2, under the Recommendation, should read "the spa mechanical equipment" rather than "the air conditioning unit." No one else wished to speak in support of or opposition to the application. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to close the public hearing and approve Variance No. 89-8, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel, Kerry & Arnold NOES: 0 COUNCILMEHBERS: None ABSENT: 0 COUNCILMEHBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERHIT NO. 89-12. HT. CALVARY LUTHERAN CHURCH. 5961 BALL ROAD: Hayor Arnold opened the public hearing. The Planning Director summarized the staff report dated July 14, 1989, which represented a request to construct a church consisting of a building approximately 10,000 square feet and a parking agreement with the adjacent property owner in order to fulfill the necessary parking requirements for a church use. According to the requirements of the California Environmental Quality At, a Negative Declaration will be filed for this project. Notices of the public hearing have been posted, published and mailed to all property owners within a 300-foot radius of the subject parcel. Hr. Robert Hart, 5087 Cumberland Drive, Cypress, Council President of Mt. Calvary Lutheran Church, introduced Pastor Dale Johnson; Project Hanager, Hr. Phil Gleason and Hr. Frank Goetz, representing the architectural firm, who are prepared to answer any questions from the Council. Councilmember Age expressed some concern about the proposed shared parking arrangement and possible future parking problems. Pastor Dale Johnson remarked that for the foreseeable future the proposed parking accommodations should be adequate. 4 ./ ! 138 City Council Minutes July 24. 1989 Mr. Frank Goetz. representing the architect. explained the study model of the propos~d church in response to Councilmember Kerry"s question. ' t- No one else wished to speak in support of the application. Mayor Arnold asked if anyone wished to speak in opposition. No one wished to do so. It was moved by Councilmember Kanel and seconded by Councilmember Bowman 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. 89-12. subject to conditions. The motion unanimously carried by the following roll call vote: ~/'>il;j< AYES: 5 COUNCILMEMBERS: Age. Bowman. Kanel. Kerry & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE TO PROHIBIT EVENING OR NIGHT DELIVERIES AND TRUCK PARKING ADJACENT TO RESIDENTIAL ZONES: Mayor Arnold opened the hearing. The City Manager reported that a copy of a communication had been received from Mr. Kennedy. who is unable to attend the Council meeting, and he had requested that this matter be brought before the Council. It was moved by Councilmember Age and seconded by Councilmember Kanel to continue this matter to August 14, 1989. Councilmember Kanel referred to the research provided by the staff report and the City'~ Noise Ordinance. He suggested that the item be referred back to staff, the request amended and staff work with the Albertson"s Center. Councilmember Age agreed to amend her motion to reflect Councilmember Kanel's suggestion and Councilmember Kanel continued his second. After further discussion, the Planning Director suggested that the staff could talk to the major tenants in the center. obtain their delivery schedules. discuss this matter with them and then report the results of those discussions - so Council will have the additional information. Councilmember Age amended her motion to refer the matter back to staff to obtain the information as suggested by the Planning Director and report back to Council. Councilmember Kanel concurred with the amended motion. Councilmember Kerry requested that staff provide those Ordinances that apply and what they were for. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age. Bowman, Kanel, Kerry & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REQUEST FROM THE CASA YOUTH SHELTER FOR FINANCIAL SUPPORT: Ms. Lucy Ann Maulhardt, Executive Director of the Casa Youth Shelter, 10911 Regan Street, Los Alamitos, thanked the Council for past support, reported on the organization's activities and asked Council"s consideration of their request for a $3,500 contribution. It was moved by Councilmember Age and seconded by Councilmember Kanel to authorize a $3,500 contribution to assist the Casa Youth Shelter in providing emergency shelter for runaway and/or homeless youth. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry & Arnold - NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ,#. CONSIDERATION OF REPORT ON PROPERTY CONDITIONS AT 10531 GRETA CIRCLE: The Public Works Director began to summarize the staff report dated July 17, 1989 when an objection was voiced from the audience. Mr. Les Kuty, resident at 10531 Greta Circle, Cypress, stated that the staff report was erroneous, non-factual, a lie, and the document should not be considered. The City Attorney recommended that the Council refer the matter to the staff. He advised that it was his understanding that the Public Works Director was 5 ~~ , ~ 139 City Council Minutes July 24. 1989 about to declare the property a public nuisance after many attempts to obtain the property owner's compliance. He further advised that the Council should not hear this matter tonight and those members of the audience that wish to speak on this matter will be advised of the date. time and place of the public hearing. assuming Mr. Kuty appeals to the City Council. Mr. Kuty responded that he would like to make a statement to the Council this evening so that they may take into consideration what's truly going on and not what's perceived to be going on. Mayor Arnold explained the procedure that would be followed regarding this matter. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to refer this matter back to the City staff. Responding to Councilmember Kanel. the City Attorney stated that if there is a determination of a public nuisance. then a time period starts and he explained the procedure to be followed. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age. Bowman. Kanel. Kerry & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Arnold called a recess at 9:35 p.m. and reconvened the meeting at 9:42 p.m.. with all Councilmembers present. CONSIDERATION OF COMMUNICATION FROM MR. JOHN HALL REGARDING FUNDING OF THE CYPRESS "POPS" ORCHESTRA: The City Manager reviewed the staff report dated July 19. 1989, which included a communication from Mr. John Hall. This issue will be discussed at the July 27 Cultural Arts Commission meeting at which time a recommendation will be made to the City Council. Counci1member Kanel stated that there is a time factor in view of the next concert to be held on August 12 and proposed that the Council consider an amount of matching funds to help toward that concert. He explained that the contribution would be no more than $1.500. Someone has to match that $1.500. which would raise a total of $3.000; however, if a total of $500 is donated. then the City will only contribute $500. He requested that the Recreation & Parks District again provide in-kind services. Councilmember Age commended the Pop's Orchestra on its concert and stated she wished to wait until a recommendation is received from the Cultural Arts Commission and move on a recommendation at that time. After some discussion. Councilmember Age expressed some concern because of what might become continual funding requests and no funds have been budgeted. Counci1member Bowman expressed a desire to continue this matter to the next meeting. Councilmember Kerry stated she appreciated a response from the Cultural Arts Commission, but under the circumstances, would like to see a recommendation at this time. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to approve a matching grant, which will be given only if equal amounts are obtained from outside sources up to a maximum of $1.500 for this concert performance. Councilmember Bowman stated he would support the motion this time but, in the future, funding should be obtained from private sources. Mayor Arnold concurred. Councilmember Age stated she would not support the motion this evening and will wait to hear from the Cultural Arts Commission. making a decision at that time. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman. Kanel. Kerry & Arnold NOES: 1 COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RESCINDING RESOLUTION NO. 3556 CALLING A SPECIAL MUNICIPAL ELECTION ON SEPTEMBER 12. 1989: Responding to Mayor Arnold. the City Attorney replied that there is now a Resolution calling an election and this Resolution 6 :.. 'I / "7 140 City Council Hinutes July 24. 1989 would rescind the election to keep the books clear in terms of Resolutions. The Court Order is clear that the reason for the election was cancelled by the court decision. It was moved by Counci1member Kane1 and seconded by Counci1member Kerry to adopt the Resolution by title only. title as follows. rescinding Resolution No. 3556 calling a special municipal election on September 12. 1989. Counci1member Kane1 stated. for the record. that he is against it but will vote for it because it clears the decks and believed it proper to do. ~ RESOLUTION NO. 3600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING RESOLUTION NO. 3556, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL HUNICIPAL ELECTION TO BE HELD ON TUESDAY. SEPTEHBER 12. 1989. Responding to Councilmember Age, the City Attorney recommended that the appropriate action would be to approve the Resolution rescinding the election. Councilmember Bowman stated he understood that this is a housekeeping-type entry and will vote in favor of the motion. Councilmember Kerry stated that she obviously does not support the judge's decision. is opposed. in principle, to cancelling the election. but the adoption of the Resolution is a housekeeping item and she will vote for the motion. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILHEHBERS: Age. Bowman. Kanel, Kerry & Arnold NOES: 0 COUNCILHEMBERS: None ABSENT: 0 COUNCILMEHBERS: None CONSIDERATION OF REVIEW OF THE ACTIONS REGARDING BOWHAN V. CITY OF CYPRESS: - This item was placed on the Agenda at the request of Councilmembers Kanel and Kerry. Councilmember Kerry commented that there was a situation where Hr. Bowman sued the City of Cypress. the City lost and the reason appears to be in the interpretation of our City code and Charter. She stated it needs to be looked at, discussed and if there is a problem, it needs to be resolved this evening. Hayor Arnold asked for a motion and it was moved by Councilmember Kerry and seconded by Counci1member Kanel that the Council review the legal decision regarding Bowman v. the City of Cypress. Counci1member Bowman stated he understood there is no disagreement between the Charter and the code and would vote against the motion. Hayor Arnold advised that the judge ruled there was no conflict between the code and the Charter so she would vote against this motion also. Councilmember Kerry stated that she believed there was a problem and there should be a discussion of when an abstention is used and in what situations. Further discussion ensued between the Councilmembers and the City Attorney on the judge's decision on the City code and Charter and the arguments presented in the City Attorney's brief. Counci1member Age called for the question. Councilmember Kerry withdrew her """"'- motion and Councilmember Kanel withdrew his second. It was moved by Mayor Arnold to continue this item to the next Council meeting, with an outline to be attached to the staff report. After some discussion. Hayor Arnold withdrew her motion and Councilmember Kerry asked and the City Attorney responded to those questions regarding the process and procedure on third party intervention, the length of time allowed for the losing party's concurrence. the sequencing of the City's arguments in its brief and the 30 day rule. Councilmember Kanel stated that he has learned from attorneys that there could have been an intervention by other parties, the judge could have been persuaded not to sign the decision and to hold another hearing. 7 City Council Minutes July 24, 1989 141 Councilmember Age stated that all Councilmembers were privileged to read the brief before it ever went into court against Mr. Bowman and she didn't hear one argument against that brief. In fact, she heard the remark that the brief was well written, not one person objected to it and she wanted the audience to know that, Since this entire discussion was requested to be on the record, a complete transcript of this section of the minutes is on file in the City Clerk's office. CONSIDERATION OF CITY COUNCIL APPOINTMENTS: Mayor Arnold deferred this item to a later time. CONSIDERATION OF LOAN OF FUNDS TO THE CYPRESS BUSINESS PARK TRANSPORTATION MANAGEMENT ASSOCIATION: The Public Works Director presented the staff report dated July 14, 1989, which indicated "seed" funds in the amount of $50,000 are necessary for the TMA to effectively and expediently begin its work. It was suggested that because of the unappropriated monies currently in the Cypress Business Park Traffic Impact Mitigation Fee fund, the City Council may be supportive of lending the required funds. It was moved by Councilmember Age and seconded by Councilmember Kerry to: ( 1 ) authorize a loan from the Cypress Business Park Traffic Impact Mitigation Fee fund to the Cypress Business Park Transportation Management Association (TMA), in the amount of $50,000, with repayment terms as o~tlined in this report; and (2) authorize the Mayor to execute an agreement with TMA Board of Directors. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REPORT ON CITY STREET TREE AND MEDIAN ISLAND POLICIES: The Public Works Director summarized the staff report dated July 14, 1989, which described the Public Works Department's policies and practices related to street tree planting, trimming, removal and replacement. Mr. Bill Raymond, the Public Works Superintendent, advised that he has received two telephone calls both asking the City to proceed with palm tree removal. Mr. Dell Estep, 5331 Alaska Avenue, Cypress, stated that he had requested a palm tree be removed from the parkway, it wasn't and he had called to find out why. It was moved by Councilmember Age and seconded by Councilmember Bowman to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNC I LMEMB/ERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Consideration of City Council Appointments, Mayor Arnold made two recommendations: Mayor continue as the representative to the Orange County Sanitation District and League of California Cities, Orange County Division and Mayor Pro Tem Cecilia Age wIill act as the alternate representative to the League of California Cities. "0 other changes were made. CONSIDERATION OF AMENDMENT TO THE CITY OF CYPRESS MUNICIPAL CODE AND A RESOLUTION REGARDING VEHICLE ABATEMENT: The Planning Director presented the staff report dated July 10, 1989, which represented requests relating to Vehicle Abatement: 1) delegate the Planning Director the authority to abate vehicles, and 2) delegate a~thority to the Code Enforcement Officer to tow vehicles. It wa s moved by Counc i 1 memb'er Kerry and seconded by Counc i 1 member Kane 1 to approve the first reading of the Ordinance by title only, title as follows, amending the City of Cypre$s Municipal Code Sections 13-20.4, 13-20.7, 13-20.8 and 13-20.9 delegating the Planning Director authority of the Vehicle Abatement proceedings, and to adopt the Resolution, by title only, title as 8 14?ity Council Minutes July 24, 1989 follows, delegating authority to tow vehicles under the Vehicle Abatement program to Susan Gildea, Code Enforcement Officer for the City of Cypress. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE III-A, "ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES," OF THE CODE OF THE CITY OF CYPRESS FOR THE PURPOSES OF TRANSFERRING AUTHORITY FOR VEHICLE ABATEMENT FROM THE CITY BUILDING SUPERINTENDENT TO THE CITY I!lf!"~ PLANNING DEPARTMENT AND CODE ENFORCEMENT STAFF. RESOLUTION NO. 3601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DELEGATING AUTHORITY TO TOW VEHICLES PURSUANT TO VEHICLE SECTION 22669 TO SUSAN GILDEA, CODE ENFORCEMENT OFFICER. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 33621 - 33868: It was moved by Councilmember Kanel and seconded by Councilmember Age to approve the Warrants No. 33621 through 33868 in the amount of $565,037.90. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Arnold recessed the meeting at 11:05 p.m. to act as the Cypress Redevelopment Agency. The City Council meeting reconvened at 11:15 p.m. with - all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. Councilmember Kanel suggested that Continuation of Consideration of Award of Contract for Professional Services to Prepare for the City of Cypress a General Plan Update and Associated Planning Studies be deferred until after all other items on the 5:30 p.m. portion of the Agenda have been acted upon. Hearing no objection, Mayor Arnold so ordered. CONSIDERATION OF AWARD OF CONTRACT FOR THE REHABILITATION AND RESURFACING OF VARIOUS STREETS. PUBLIC WORKS PROJECT NO. 8867: Six bids were received for the rehabilitation and resurfacing of various streets in the City. It was moved by Councilmember Kanel and seconded by Councilmember Age to find that the lowest responsible bidder is Vernon Paving Company and award a contract for Public Works Project No. 8867 to Vernon Paving Co., 2544 Woodland Drive, Anaheim, California 92801, in the amount of $838,909.01. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None - CONSIDERATION OF AWARD OF CONTRACT FOR MATERIALS TESTING AND INSPECTION FOR THE REHABILITATION AND RESURFACING OF VARIOUS STREETS. PUBLIC WORKS PROJECT NO. 8867: Two bids were received for professional materials testing and inspection for the rehabilitation and resurfacing of various streets in the City. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to authorize retention of Smith-Emery Company, 5287 E. La Palma Avenue, Anaheim, California 92807, to perform the professional materials testing and inspection services outlined in this report, on a time and materials basis, not to exceed $15,680.00. The motion unanimously carried by the following roll call vote: 9 _.7 14~j City Council Hinutes July 24, 1989 AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR POLICE VEHICLES: There are two Police black and white units for replacement and one unit for addition in the current capital outlay budget and all three units are available for delivery. ,'f'....,'"' It was moved by Councilmember Kanel and seconded by Councilmember Kerry to: 1) determine that it is in the best interest of the City to dispense with formal competitive bidding pursuant to City Code Section 21A-8f, and 2) authorize the purchase of three (3) Police package vehicles from Haurice J. Sopp & Sons Chevrolet, 5801 Pacific Blvd., Huntington Park, CA 90255 in the amount of $43,872.24. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILHEHBERS: Age. Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: 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. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to approve the Consent Calendar Items No. 5 through 13. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel. Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None Item ##5: Motion to Approve City Council Hinutes of the Regular Meeting of Ju 1 y 10, 1989. Recommendation: That the City Council approve the Minutes of July 10, 1989, as submitted, with Councilman Bowman abstaining. Item ##6: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item ##7: Consideration of Attendance to the 91st Annual League of California Cities Conference. Recommendation: That the City Council authorize the attendance of any interested Council Members and staff to attend the 91st Annual League of California Cities conference to be held on October 22-25. 1989, in San Francisco, and be reimbursed for all actual and necessary expenses incurred. Item ##8: Consideration of Monthly Investment Program for the Honth of June 1989. Recommendation: Receive and file. Item ##9: Consideration of Employment Lists - Police Officer (Academy Trained) and Executive Secretary. Recommendation: That the City Council certify the Employment Lists for the 'h positions of Police Officer (Academy Trained) and Executive Secretary as submitted. Item ##10: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Robert & Haureen Coyle Rosenthal, D.B.A. Hideaway Bar, 4360 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item ##11: Consideration of Ordinance and Resolution Relating to the Commission on Peace Officer Standards and Training Selection and Training Standards for Public Safety Dispatchers. 10 . '/; 144 City Council Minutes July 24. 1989 " Recomendation: That the City Council: 1) Approve the first reading of the Ordinance by title only. title as follows. rescinding Ordinance No. 109 and accepting the requirements of Section 13522 of the Penal Code relating to the selection and training of Law Enforcement Officers and Public Safety Dispatchers; and 2) Adopt the Resolution by title only. title as follows. amending Resolution No. 3376. which approved the Memorandum of Understanding between the City of Cypress and the Cypress Public Safety Employees' Association concerning wages. salaries. fringe benefits and conditions of employment. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING ORDINANCE NO. 109 AND ACCEPTING THE REQUIREMENTS OF SECTION 13522 OF THE PENAL CODE RELATING TO TRAINING OF LAW ENFORCEMENT OFFICERS AND PUBLIC SAFETY DISPATCHERS. RESOLUTION NO. 3602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 3376. ARTICLE VIII. SECTION 1. OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS PUBLIC SAFETY EMPLOYEES' ASSOCIATION. Item ##12: Consideration of Approval of 14th Year C~mmunity Development Grant (CDBG) Contracts Between the City of Cypress and the County of Orange Regarding Public Facilities and Improvements, Expansion of the Senior Citizens Center. and Rehabilitation of Private Properties. Recommendation: That the City Council approve Contract Nos. C40604, C40605 and C40748 as outlined in the report and authorize the Mayor to sign the Contracts on behalf of the City Council of the City of Cypress. - Recreation & Park District Matters: Item ##13: Consideration of Claim Filed by Rita Patel. Reconmendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, officially reject the subject claim and refer it to the City/District's Claims Administrator, Carl Warren & Co., for appropriate disposition. ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Counci1member Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, granting Variance No. 89-5. RESOLUTION NO. 3603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE CONSTRUCTION OF A SECOND-STORY DECK WITH SPA FOR A SINGLE- FAMILY HOME - VARIANCE NO. 89-5. (9292 NANCY STREET) The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age. Kanel and Kerry - NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Bowman It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, granting Variance No. 89-6. RESOLUTION NO. 3604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A 3' INSTEAD OF A MINIMUM 10' SIDEYARD BUILDING SETBACK FOR A TWO-STORY ROOM ADDITION - VARIANCE NO. 89-6. (5582 VONNIE LANE) 11 7 ~ ,;.,.; c/~' / 145 City Council Hinutes July 24, 1989 The motion carried by the following roll call vote: AYES: 4 COUNCILHEHBERS: Age, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None ABSTAINED: 1 COUNCILHEHBERS: Bowman It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution, by title only, title as follows, granting Variance No. 89-7. RESOLUTION NO. 3605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROH THE TERHS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A FIVE-FOOT HIGH STUCCO WALL TO ENCROACH A HAXIHUH DEPTH OF FIVE FEET INTO THE FRONT YARD SETBACK - VARIANCE NO. 89-7. (9567 DEBORAH) The motion carried by the following roll call vote: AYES: 4 COUNCILHEMBERS: Age, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None ABSTAINED: 1 COUNCILHEHBERS: Bowman It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving an amendment to C.U.P. 89-11, with conditions. Councilmember Bowman asked if the Resolution should make a reference to "East" Lincoln and the City Hanager advised that it was a typographical error and the word "East" should be deleted. RESOLUTION NO. 3606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AHENDHENT TO CONDITIONAL USE PERHIT NO. 89-11 - WITH CONDITIONS. (AUTOHOTIVE CENTER, 5051 LINCOLN AVENUE) The motion carried by the following roll call vote: AYES: 4 COUNCILHEMBERS: Age, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None ABSTAINED: 1 COUNCILHEHBERS: Bowman It was moved by Councilmember Age and seconded by Councilmember Kanel to adopt the Resolution by title only, title as follows, approving C.U.P. 89-10 with conditions. RESOLUTION NO. 3607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AHENDHENT TO CONDITIONAL USE PERHIT NO. 89-10 - WITH CONDITIONS. (CELLULAR TELEPHONE FACILITY, 8882 WATSON STREET) The motion carried by the following roll call vote: AYES: 4 COUNCILHEHBERS: Age, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None ABSTAINED: 1 COUNCILHEHBERS: Bowman It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, granting Variance No. 89-4. RESOLUTION NO. 3608 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROH THE TERHS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A CELLULAR PHONE FACILITY, COHPRISED OF A 60 FOOT HIGH HONOPOLE AND A 300 SQUARE FOOT EQUIPHENT ROOH LOCATED AT 8882 WATSON STREET IN THE HL - INDUSTRIAL LIGHT ZONE - VARIANCE NO. 89-4. 12 / ; , 146 , City Council ~inutes July 24, 1989 The motion carried by the following roll call vote: AYE: 4 COUNCIU1EHBERS: Age, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None ABSTAINED: 1 COUNCILHEHBERS: Bowman It was moved by Councilmember Kanel and seconded by Councilmember Kerry to order the following Ordinance read by title only, title as follows and to - adopt the Ordinance amending Section 5-2(A) of the Code of the City of Cypress. ORDINANCE NO. 821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AHENDING SECTION 5-2(A) OF THE CODE OF THE CITY OF CYPRESS TO REQUIRE SHOKE DETECTORS IN ALL DWELLINGS AND LODGINGS CLASSIFIED UNDER GROUP R DIVISION 3 OF THE UNIFORH BUILDING CODE. The motion carried by the following roll call vote: AYES: 3 COUNCILHEHBERS: Age, Kanel and Kerry NOES: 1 COUNCILHEHBERS: Arnold ABSENT: 0 COUNCILHEHBERS: None ABSTAINED: 1 COUNCILHEHBERS: Bowman CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL SERVICES TO PREPARE FOR THE CITY OF CYPRESS A GENERAL PLAN UPDATE AND ASSOCIATED PLANNING STUDIES: The City Attorney requested that the City Council move to continue this item until the meeting of August 14 to allow the counsel for the City to approve the scope of the General Plan update. Councilmember Kerry stated, for the record, that in Executive Session that .... this was discussed with both our legal counsels, our City Attorney and our special counsel and that it was agreed to by both legal counsels and unanimously by the City Council for reasons that cannot be divulged at this time. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to continue this item to August 14, 1989. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None Regarding the Interviews of Cultural Arts Commission Applicants, Susan Harx and Hichael Lucas, Councilmember Kanel commented that both were good applicants. As it related to experience and background, he felt that Susan Harx would be an acceptable member of the Cultural Arts Commission and so moved she be nominated for the vacancy. The motion was seconded by Councilmember Bowman and unanimously carried by the following roll call vote: AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 0 COUNCILHEHBERS: None ADJOURNMENT: Mayor Arnold adjourned the meeting at 11:30 p.m. to Wednesday, I"'^'....,..,~, August 2, 1989 at 4:30 p.m. for an Executive Session. ATTEST: 1 (/ ~ ~., /', -1 ~.1 t/ CITy/crt a'ijn- CITY OF~RESS 13