Minutes 89-08-14
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 14, 1989
The regular meeting of the Cypress City Council was called to order at 5:37
p.m. on Monday, August 14, 1989, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Pro Tem Cecilia Age presiding.
PRESENT: Councilmembers Bowman, Kanel, Kerry and Age
ABSENT: Councilmembers Arnold
Also present were Assistant to the City Manager Nancy Leonard, City Attorney
Jerry Patterson and staff members Beardsley, DeCarlo, Hurst and Lowenberg.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. None were
presented.
CONSIDERATION OF AWARD OF CONTRACT FOR THE RENOVATION OF THE CITY HALL PRINT
SHOP AND RECEPTION AREA. PUBLIC WORKS PROJECT NO. 8833: The staff report
dated August 4, 1989 indicated that two bids were received for the renovation
of the City Hall Print shop and reception area.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to:
1) authorize the transfer of $7,000 from the unreserved fund balance of the
General Fund into Account No. 4186-11-466-24; 2) determine the lowest
responsible bidder for Public Works Project No. 8833 to be OFCCO Constructors,
Inc.; and 3) award the contract for the renovation of the print shop and
reception area to OFCCO Constructors, Inc., 2737 Raymond Avenue, Long Beach,
CA 90809, in the amount of $44,336. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF AWARD OF CONTRACT FOR TWO (2) EACH RIDING MOWERS. REQUEST FOR
QUOTATION #8990-02: Five bids were received for two (2) riding mowers.
The Finance Director reported that the low bidder had written that they are
unable to supply the mowers that they bid on and he asked the Council to
approve the second lowest bidder.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
accept the bid from C. R. Jaeschke, Inc., 8845 Complex Drive, San Diego, CA
92123 as the lowest responsible bid and award the contract for the purchase of
two (2) riding mowers to this company in the amount of $15,930. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) GUTTER GRINDER. REQUEST FOR
QUOTATION #8990-03: Three bids were received for one (1) gutter grinder.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
accept the bid received from S & S Products, Inc., P.O. Box 86, Seal Beach, CA
90740 as the lowest responsible bid and award the contract for the purchase of
a gutter grinder in the amount of $3,445. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF AWARD OF CONTRACT FOR THE OFFICE AUTOMATION EQUIPMENT: The
Assistant to the City Manager presented the staff report dated August 7, 1989
which indicated software and hardware equipment additions have been budgeted
for the Networked Office Automation System.
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City Council Minutes August 14, 1989
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
accept the proposal for Networked Office Automation System hardware and
software based on the Request for Proposal N. 8687-12 and authorize the
purchase of OAS equipment from Integrated Systems Group, Inc., 920 East
Broadway, Glendale, CA 91205 in the amount of $57,160.40. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF SIGNAL CONTROL
EQUIPMENT. PUBLIC WORKS PROJECT NO. 8945: The staff report dated August 4,
1989 indicated that three bids were received for the installation of signal
control equipment at several intersections in Cypress.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to:
1) determine the lowest responsible bidder for the City Project No 8945 to be
Steiny and Company, Inc.; and 2) award a contract for the installation of
signal control equipment: Denni Street at Myra Avenue, Moody Street at Merten
Avenue and Denni Street at Newman Avenue, to Steiny and Company, Inc., 2230 E.
Orangethorpe Avenue, Fullerton, CA 92631, in the amount of $116,352. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF AWARD OF CONTRACT FOR LAW ENFORCEMENT TELEVISION NETWORK:
Chief Lowenberg reported that equipment to monitor the Law Enforcement
Television Network (L.E.T.N.) was installed without cost to provide the
department the opportunity to evaluate L.E.T.N., which provides 24 hour a day
broadcasts of law enforcement news and training.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
award d contract to Law Enforcement Television Network, 1303 Marsh Lane,
Carrol ton, TX 75006 for the period from July 1, 1989, to June 30, 1990, of
L.E.T.N. broadcasts at a cost of $5,856. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF KIDS CORNER PLAY STRUCTURES
AT CYPRESS SCHOOL: The staff report dated August 3, 1989 indicated the
inclusion of funds in the capital budget for the purchase of Kids Corner
playground equipment at Cypress School. The recommendation is that the
contract be awarded to the second lowest bidder because the lowest bidder does
not include specific components thus eliminating the choice of preferred
components.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry that
the City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District: 1) dispense with formal competitive
bidding for reasons described in the above report pursuant to City Code
Section 21A-8F and 2) authorize the purchase of the playground equipment
requested from Moore Recreation and Park Equipment, Inc. in the amount of
$7,087.88 from the Capital Project Account No. 4186-12-566-29. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
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.
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Councilmember Kanel asked about Item '16. and to clarify that the
Consideration of Award of Contract for Professional Services to Prepare for
the City of Cypress a General Plan Update and Associated Planning Studies was
continued to the meeting of August 28.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
approve the Consent Calendar Items No.8 through 26. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel. Kerry and Age
NOES: 0 COUNCILMEMBERS: None ~<(-~
ABSENT: 1 COUNCILMEMBERS: Arnold
Item '8: Motion to Approve City Council Minutes of the Adjourned Regular
Meeting of July 12, 1989, Regular Meeting of July 24, 1989, and the Adjourned
Regular Meeting of August 2. 1989.
RecolJNTlendation: That the City Council approve the Minutes of July 12, 1989,
July 24, 1989 and August 2, 1989. as submitted. with Councilman Bowman
abstaining on the Minutes of July 12. 1989.
Item '9: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item '10: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Takashi Kameda, Secretary/Treasurer of Curry House America,
Inc., D.B.A. Curry House, 10949 Meridian Drive. Cypress.
RecolJNTlendation: Receive and file.
Item '11: Consideration of Proclaiming August 19, 1989. as "Volunteer
Firefighter Recognition Day."
Recommendation: That the Mayor and City Council officially proclaim August
19, 1989, as "Volunteer Firefighter Recognition Day" in the City of Cypress as
requested. -
Item '12: Consideration of Proclaiming September 1989, as "Cancer Detection
Month" and September 9, 1989, as "Cancer Detection Day."
Recommendation: That the Mayor and City Council officially proclaim September
1989, as "Cancer Detection Month" and September 9, 1989, as "Cancer Detection
Day" in the City of Cypress.
Item '13: Consideration of Appointment to the City Council/Cypress School
District Joint Steering Committee.
Recommendation: That the City Council confirm the appointment of Council
Member Walter Bowman to serve on the City Council/Cypress School District
Joint Steering Committee.
Item .14: Consideration of Proclaiming September 2, 1989. as "MADD/Volkswagen
Drive for Life Day."
Recommendation: That the Mayor and City Council officially proclaim Saturday,
September 2, 1989, as "MADD/Volkswagen Drive for Life Day" in the City of
Cypress.
Item #15: Consideration of Claim Filed by Floyd E. White, Jr.
That the City Council officially reject the subject claim and -
Recommendation:
refer it to the City's Claims Administrator. Carl Warren & Co., for
appropriate disposition.
Item #16: 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.
Recommendation: That the City Council continue consideration of this item to
the City Council meeting of August 28, 1989.
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Item ##17: Consideration of Proclaiming September 17-23, 1989, as
"Constitution Week" and to Participate in the Ringing of "Bells Across
America" on September 17, 1989.
Recommendation: That the Mayor and City Council officially proclaim September
17-23, 1989, as "Constitution Week" and set aside 1:00 p.m. (P.D.T.) on
September, to participate in ringing bells in the City of Cypress, to coincide
with the 202nd anniversary of the signing of the Constitution.
_"""""l' Item ##18: Consideration of Payment of Annual Dues to the Southern California
Water Committee, Inc.
Recommendation: That the City Council authorize payment of the annual dues to
the Southern California Water Committee, Inc., in the amount of $750.00.
Item ##19: Consideration of Employment Lists - Police Officer (Academy
Trained), Police Officer (Lateral Entry), and Dispatcher (Experienced).
Recommendation: That the City Council certify the Employment Lists for the
positions of Police Officer (Academy Trained), Police Officer (Lateral Entry),
and Dispatcher (Experienced), as submitted.
Item ##20: Consideration of Ordinance Amending Section 26A-7 of the Cypress
City Code, Relating to Renewal of Taxicab Franchise.
Recommendation: That the City Council approve the first reading of the
Ordinance of title only, title as follows, amending Section 26A-7 of the
Cypress City Code relating to renewal of Taxicab Franchise.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
26A-7, "RENEWAL OF FRANCHISE" OF THE CODE OF THE CITY OF CYPRESS BY
VERIFYING THE PROVISIONS OF THE RENEWAL OF TAXICAB FRANCHISE.
Item ##21: Consideration of Acceptance of the Improvement of Lincoln Avenue,
from the West City Limit to Moody Street, Public Works Project No. 8803-10
(AHFP No. 1240).
Recommendation: That the City Council: 1) Accept the improvement of Lincoln
Avenue from the West City Limit to Moody Street, Public Works Project No.
8803-10, as being satisfactorily completed; 2) Authorize the transfer of
$7,500.00 from the fund balance of the Gas Tax Fund No. 22 to Account No.
4186-22-452-21; 3) Authorize final payment to Vernon Paving Company in the
amount of $70,225.50; and 4) Authorize the City Clerk to release the Labor and
Material Bond upon expiration of the required lien period providing no liens
have been filed, and release the Faithful Performance Bond upon expiration of
one year's guarantee, providing no defects in material and workmanship become
evident.
Item ##22: Consideration of Adjustment of Final Cost for the Replacement of
the Civic Center Cooling Tower, Public Works Project No. 8932.
Recommendation: That the City Council approve payment to M.A. Velazquez
General Engineering at a final, adjusted contract price of $10,384.00.
Item ##23: Consideration of Agreement With the County of Orange to Permit the
Construction of Improvements on Grace Avenue and Belmont Street Within the
Area of Annexation No. 88-1, Public Works Project No. 8861.
Recommendation: That th~ City Council: 1) Approve Agreement No. 089-0191
with the County of Orange to provide for public improvements on Grace Avenue
and Belmont Street; and 2) Authorize the Mayor to execute the Agreement and
the City Clerk to attest.
Item ##24: Consideration of Acceptance of Final Parcel Map No. ##88-273 -
Walker Street, West Side, South of DeLong Street.
Recommendation: That the City Council approve Final Parcel Map ##88-273 and
authorize the City Clerk to sign the Record Map.
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Item 1#25: Consideration of Design Review Committee's approval of 1#89-22 -
Second Story Room Addition. 4592 Marion Street.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item 1#26: Consideration of Acceptance of Refinishing the Community Center
Auditorium Floor. Public Works Project No. 8937.
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. 8937 as being satisfactorily
completed in accordance with the Plans and Specifications; and 2) Approve the
final contract price of $7,019.50, to be paid to Kerr Floors, Inc.. from
Account No. 4187-11-232-08
ORDINANCES (Second ReadinQ) & RESOLUTIONS:
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 rescinding Ordinance No. 109.
ORDINANCE NO. 822
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.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel. Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold -
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
adopt the Resolution by title only. title as follows approving Variance No.
89-8.
RESOLUTION NO. 3609
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 SPA SERVICE EQUIPMENT TO REMAIN IN THE SIDE YARD OF A SINGLE-
FAMILY HOME - VARIANCE NO. 89-8 (4180 AVENIDA SEVILLA).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows approving C.U.P. No. 89-
12.
RESOLUTION NO. 3610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING ".,.,,,~
AMENDMENT TO CONDITiONAL USE PERMIT NO. 89-12 - WITH CONDITIONS (MT.
CALVARY LUTHERAN CHURCH, 5961 BALL ROAD).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance amending Article III-A of the City Code.
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ORDINANCE NO. 823
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
PLANNING DEPARTMENT AND CODE ENFORCEMENT STAFF.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel. Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CLOSED SESSION: Mayor Pro Tem Age called for a Closed Session at 6:01 p.m. to
discuss personnel and litigation matters and reconvened the meeting at 7:32
p.m. with all Councilmembers present except Mayor Arnold. Staff members
Beardsley, DeCarlo, Hamlin, Hurst and Lowenberg were also present.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman.
The Assistant to the City Manager summarized the actions taken by the Council
during the 5:30 p.m. portion of the Council meeting.
The City Attorney reviewed the items discussed during Closed Session involving
a worker's compensation appeals board matter of a former Police Department
employee, discussion of an appeal of a public nuisance determination and
Hollywood Park Realty Enterprises, Inc. vs. City of Cypress case hearing
scheduled for August 21, 1989.
PRESENTATION: Mayor Pro Tem Age presented a Certificate of Appointment to
Susan Marx, newly appointed to the Cultural Arts Commission on behalf of Mayor
Arnold and the Council.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Christine Swain, 5362 Crescent Avenue, Cypress, read a statement
presenting her concerns about responsible City government and voiced her
intention to withdraw the recall petitions against Councilmembers Kanel and
Kerry because she believed the Councilmembers could work together to avoid
further division of the City.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, complained that the street
paving company was not doing a satisfactory job of street paving and did not
pave the streets smoothly.
Ms. Joan Edwards, 4532 Victoria Court, Cypress, the Chairwoman of the Cypress
Cultural Arts Commission, explained to the members of the City Council and the
citizens of Cypress why the Cultural Arts Commission meeting was postponed and
asked for a public apology from Councilmember Kanel. Councilmember Kanel
explained that he had said the Cultural Arts meeting was cancelled because the
Commissioners were going to attend a Festival event.
Mr. Fred Glass, 9210 Whitney Way, Cypress, reported that after 20 years of
discussion between the Whitney Way neighbors and Hyatt Die Cast regarding
noise and property maintenance, the problem has finally been resolved.
Councilmember Kerry requested that the timeline on the resurfacing of Holder
Street be made an Agenda item. The Public Works Director advised that the
resurfacing will be start0d on Holder Street on September 5. He also advised
that the flashing beacons have been installed and are waiting for hook up by
the Edison Company.
Councilmember Kerry asked that the item of the removal of the Cypress trees on
Orange Avenue and Denni Street be a September agenda item.
Councilmember Kanel remarked that he has had calls from citizens about the
billboard with the nude on Lincoln Avenue. He has talked to the billboard
company who will be removing that billboard as soon as possible.
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ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
None were presented.
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 89-10. AIR-CONDITIONING UNIT
IN SIDE YARD SETBACK AND STRUCTURE ENCROACHING INTO THE REAR YARD AREA. 10002
ST. VINCENT CIRCLE: The Associate Planner presented the staff report dated
August 28, 1989, which indicated that the application represented a request to
allow an existing air conditioning unit in the side yard and to allow an
existing patio enclosure to encroach into the 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 p.4~".
were posted, published and mailed to the property owners within a 300-foot
radius of the subject property.
Mayor Pro Tem Age asked if anyone wished to speak in support of or opposition
to this application. No one wished to do so.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
close the public hearing and approve Variance 89-10 subject to conditions.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNClLMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-13,
ORIENTAL MISSIONARY SOCIETY. HOLINESS CHURCH. 4872 BISHOP STREET: The
Associate Planner summarized the staff report dated August 7, 1989, which
represented a request for an extension of a conditional use permit for a
church facility which was originally issued by the County of Orange. The
application included the use of two temporary trailers/non-commercial coaches,
one to be used as a church meeting room and the other as classrooms. In
accordance with the requirements of the California Environmental 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. Fred Tanizaka, Board of Trustees, 4872 Bishop Street, Cypress,
representing the Church, stated they are committed to the City of Cypress and
trying to meet the standards set by the City.
Responding to Mayor Pro Tem Age's question on the possible parking problem,
Mr. Tanizaka mentioned several alternatives that had been discussed with
staff.
Mr. Takahashi Sakarei, one of the pastors of the Church, advised that the
neighbors have been very supportive and other locations have been used for
special Sunday meetings and the parking lot is full only for Sunday morning
services.
Mayor Pro Tem Age asked how many people in the audience were in favor of the
project and a majority raised their hands. No one wished to speak in
opposition to the project.
Councilmember Kanel stated that the Church has bought some land on Bishop
Street that will eventually be built upon and if there are any future
problems, they can come back to the Council and extend the permit until the
Church is built.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to -
close the public hearing, certify the Negative Declaration in accordance with
the requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 89-13, subject to conditions. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
RECESS: Mayor Pro Tem Age called a recess at 8:20 p.m. and reconvened the
meeting at 8:28 p.m. with all Councilmembers present except Mayor Arnold.
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City Council Minutes August 14. 1989 157
CONSIDERATION OF PUBLIC. HEARING RE: CONDITIONAL USE PERMIT NO. 89-14. RETAIL
SHOPPING CENTER. 6202 ~ 6222 LINCOLN AVENUE: The Associate Planner presented
the staff report dated August 4. 1989 which represented a request to develop a
commercial center at 6202 & 6222 Lincoln Avenue. 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. Tom Lim, 365 W. Garvey Avenue, Ste. 203, Monterey Park, representing Simon
Lee Architects and the applicant, stated that the conditions have been
reviewed with the applicant and she fully agrees to them.
Councilmember Kerry asked why the one building was set back from the block
wall by ten feet and expressed concern about the accumulation of debris or
litter in that area. The Associate Planner explained that the City Code
required a ten foot setback for the rear yards and zero setback for the
sideyards.
The Police Chief responded that they do not recommend placing a gate at those
areas of easy access because it makes it difficult for an officer to patrol.
Mayor Pro Tem Age asked if anyone else wished to speak in support of or in
opposition to the application. 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. 89-14, subject to conditions. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONTINUATION OF CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE TO PROHIBIT
EVENING OR NIGHT DELIVERIES AND TRUCK PARKING ADJACENT TO RESIDENTIAL ZONES:
Mayor Pro Tem Age stated that a petition had been presented to the Council
this evening. Councilmember Kanel mentioned that this item has been continued
a number of times and he indicated that one of the residents, Mr. Kennedy,
should come before the Council to represent the residents and explain the
situation.
Mr. Don Kennedy, 5843 Holmby Court, Cypress, stated that the noise problems
have been occurring since 1980 and suggested some amendments be made to the
zoning ordinance regarding overnight parking, enforcement procedures and
delivery times.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
refer this item to staff and the City Attorney, acquire additional input and
return to the September 25, 1989 Council meeting with language for an amended
Ordinance relative to the noise problems affecting commercial activities, the
movement of vehicles and deliveries where properties abut any form of
residential housing.
The City Attorney suggested that there be some survey of the City to determine
where the locations are, advise those centers of a public hearing on the
ordinance that is being adopted and this approach would take longer.
Councilmember Kanel remarked that the City is interested in protecting those
areas where residential housing abuts commercial/retail centers.
After some discussion, Councilmember Bowman commented that the issues that
need to be discussed are deliveries contiguous to residential areas and some
enforcement procedure to address overnight parking of vehicles.
Councilmember Kerry expressed a desire to address overnight parking and
provide enforcement.
Chief Lowenberg stated that under the present Ordinance, it is very difficult
for the Police Department to enforce overnight parking and explained the
problems encountered.
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Mr. Kennedy stated there are two issues: delivery hours and overnight
parking. He suggested the Ordinance be amended to include no commercial truck
shall park at anytime unless loading or unloading within proscribed delivery
hours as regulated by the City.
After some discussion, Councilmember Kerry stated that in residential areas,
the noise factor must be reduced between the hours of 10:00 p.m. and 7:00 a.m.
The motion unanimously carried by the following roll call vote:
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AYES: 4 COUNCILMEMBERS: Bowman, Kanel. Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF REQUEST FROM MR. GEORGE V. CAMPAGNONI. RELATING TO A
SATELLITE DISH ANTENNA INSTALLATION: Mayor Pro Tem Age introduced the staff
report dated August 7, 1989 regarding a satellite dish antenna on Edgemont
Circle.
Mr. George V. Campagnoni, 5215 Edgemont Circle, Cypress, stated he had
addressed the Council on this matter in February when his neighbor had erected
a satellite dish and he is before the Council to find out exactly what the
City code is on satellite dishes.
The Associate Planner stated that there are two requirements of the existing
code for the installation of a satellite dish: to present plans to the design
review committee and to obtain a building permit; however, the exact wording
of the existing Ordinance may not comply with recent federal government
requirements.
The City Attorney advised that the Ordinance in place is adequate and
operating and does have certain requirements. He has a draft ordinance coming
before the Council which will be more restrictive with regard to location,
size, and bulk and treats the satellite dish almost the same as an accessory
building. Responding to Mayor Pro Tem Age, the City Attorney advised that he ~
could provide a draft ordinance to the Council the first meeting in September.
Mr. Campagnoni stated that he is not attempting to limit all satellite dishes
and the neighboring property has plenty of room on the opposite side without
obstruction and could be ground mounted.
After some discussion, Councilmember Kanel asked staff to inform the City
Council when citizens come in for permits for dishes and he asked for
procedural information on what has been done.
Mayor Pro Tem Age requested staff to send a letter to the homeowner of the
satell ite dish. Councilmember Kanel requested a report from the City
Attorney's office as to why the delay in preparing a draft ordinance.
The City Attorney advised that there is a question of legality with the
present ordinance but it may not apply in this particular instance and,
apparently, the ordinance has not been enforced at staff level.
Mayor Pro Tem Age requested a report to the Council from the City Manager on
this item.
Mayor Pro Tem Age summarized the discussion and instructed staff and the City
Attorney to contact the resident and send a follow-up letter, construct the
draft ordinance to eliminate the possibility of future problems. She asked -
that the Planning staff ~1so send a follow-up letter to Mr. Campagnoni.
CONSIDERATION OF ACCEPTANCE OF LETTER OF RESIGNATION FROM CYPRESS CABLE
TELEVISION COMMISSIONER HELEN COUTANT AND APPOINTMENT OF A SUCCESSOR: It was
moved by Councilmember Kanel and seconded by Councilmember Bowman to accept
the resignation of Cypress Cable Television Commissioner Coutant; however they
did not wish to make an appointment tonight. It was the consensus of the
Council to direct staff to readvertise for applicants to fill the vacant
position. The motion unanimously carried by the following roll call vote:
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City Council Minutes August 14, 1989 159
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF PROFESSIONAL SERVICES FOR PERSONNEL AND ADMINISTRATION: The
Assistant to the City Manager presented the staff report dated August 7, 1989
which indicated that she has assumed many of the Assistant City Manager's
programs and personnel responsibilities due to his absence. It is requested
that a contract employee be hired on a part-time temporary basis to assist
with upcoming projects.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
transfer $30,000 from Account No. 4001-11-111-02, regular salaries, to Account
No. 4018-11-112-02, contract labor. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 33869 -
34141: It was moved by Councilmember Kanel and seconded by Councilmember
Bowman to approve the Warrants No. 33869 through 34141 in the amount of
$1,113,734.80. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
Recreation & Park District Matters
CONSIDERATION OF RECOMMENDATION BY THE CYPRESS CULTURAL ARTS COMMISSION: The
staff report dated August 17, 1989 indicated that the Cultural Arts Commission
recommended the City Council appropriate $4,000 from the District's General
Fund for the Cypress "PoPs" Orchestra.
It was moved by Councilmember Kanel 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 accept the Cypress Cultural Arts
Commission's recommendation and appropriate from the Cypress Recreation and
Park District's General Fund $4,000 for the Cypress "PoPs" Orchestra to
Account #4187-12-314.100. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
RECESS: Mayor Pro Tem Age recess the meeting at 9:25 p.m. to act as the
Cypress Redevelopment Agency. The City Council meeting reconvened at 9:27
p.m. with all Councilmember present except Mayor Arnold.
ORAL COMMUNICATIONS: For Matters Not on the Agenda
Councilmember Bowman referred to a letter received from Mrs. Wicks regarding
the noise emanating from Mervyns due to the dumping of trash bins and the
Chief advised that a complaint was received, a report made and the
construction foreman apprised.
Councilmember Kerry asked for a staff report regarding the contracts for
resurfacing the streets as to satisfaction or problems experienced. The
Public Works Director responded that he could provide a full report and
explained that there are two types of paving, slurry seal and new surface
pavement. The slurry seal is used when a new structural section is not
required for the street and is much more cost effective.
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di&O:ounc 11 Hi nutes August 14. 1989
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNHENT: The meeting was adjourned at 9:30 p.m.
d- /J.
F THE" CITY OF CYPRESS
ATTEST:
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CITY CL~RK OF THE CI~PRESS
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