Minutes 89-08-28
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 28, 1989
The regular meeting of the Cypress City Council was called to order at 5:37
p.m. on Monday, August 28, 1989, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Arnold presiding.
PRESENT: Councilmembers Age, Bowman, Kanel, Kerry and Arnold
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, Eynon, Hurst, Leonard and Lowenberg.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. None were
presented.
CLOSED SESSION: The City Council proceeded directly into a closed session at
5:40 p.m. to discuss matters of personnel and litigation. Mayor Arnold
reconvened the meeting at 7:37 p.m. with all Councilmembers present and staff
members Beardsley, Eynon, Hurst, Leonard, Lowenberg and Thomas also present.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kanel.
The City Manager stated that the City Council proceeded immediately into
closed session, took no action on the 5:30 portion of the Agenda and deferred
to the City Attorney.
The City Attorney summarized the discussions held during closed session on
Hollywood Park Realty Enterprises, Inc. vs. the City of Cypress and called
upon Mr. Greenberg of Ball, Hunt, Hart, Brown and Baerwitz who related the
favorable decision of the Federal Court judge to abstain from hearing the
matter until state court proceedings were concluded. He felt it was an
important victory for the City which put the substantive issues where they
belonged which was in the state courts.
Councilmember Kanel commended the firm of Ball, Hunt, Hart on the manner in
which they handled this case.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Frank Remski, 4861 Ashbury Street, Cypress, expressed disappointment that
the City is losing Police Chief Lowenberg. He appealed to the City Council to
look at the police officers currently in the department as a replacement for
the Chief.
Councilmember Kanel stated that Chief Lowenberg had been an outstanding
officer all the way along.
Mr. Warren Wallace, 10470 Jeanine Lane, Cypress, commented that the response
from the Cypress Police Department has always been tremendous. He asked that
the medians in the middle of Cerritos Avenue be power swept periodically.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
None were presented.
Mayor Arnold stated that she had polled the Council and the consensus was 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 moved forward. The City Manager stated that several
consultants had submitted proposals, each company was interviewed and the
Administrative Coordinating Team agreed that Cotton/Beland would best provide
the necessary services to the City.
Mr. Dale Beland, representing Cotton/Beland Associates, volunteered to answer
any questions the Council may have about their proposal and looked forward to
working with the Council and staff.
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l~ty Council Minutes August 28, 1989
It was moved by Councilmember Kanel and seconded by Councilmember Age to: 1 )
Award a contract to Cotton/Beland Associates, 1028 North Lake Avenue, Suite
107, Pasadena, CA 91104 for the services detailed in the Request for Proposal,
approved by the City Council on April 24 1989; 2) Authorize the Mayor Pro Tem
and the City Clerk to execute a formal agreement on behalf of the City of
Cypress with Cotton/Beland; and 3) Appropriate $130,000 as a not-to-exceed
amount, to Account No. 4189-11-191.06, which does not include an Environmental
Impact Report. If an EIR were required, staff would return to the Council for
additional funds. The motion unanimously carried by the following roll call
vote:
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AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-15,
OFFICE/WAREHOUSE BUILDING, 4891 CAMP STREET: Mayor Arnold opened the public
hearing. The Planning Director presented the staff report dated August 18,
1989, which represented a request to construct a 7,920 square foot
office/warehouse building at 4891 Camp Street for use as a contractor's yard.
In accordance with the requirements of the California Environmental Quality
Act, a Negative Declaration will be filed for this project. Notices of the
public hearing were posted, published and mailed to all property owners within
300 feet of the subject property.
Mr. Kirk Nelson, of Design Intervention, clarified that the building exterior ~)t .
would be adobe block, stucco fascia and terra cotta tile roof.
Mayor Arnold asked if anyone wished to speak in support of or in opposition to
the application.
Ms. Terese McCormack, 9130 Esther Street, Cypress, stated that she lives in
the area, the residents were never given an opportunity to express what type
of zoning desired and they were unaware of the current zoning.
The Planning Director explained that there were some hearings and a study -
initiated by the County for consideration of that area to be multiple
residential.
The City Attorney clarified that the City inherits the County's zoning and
they may have had a hearing, but didn't vote to change the zoning and it has
remained the same.
Mr. John McCormack, 9130 Esther Street, Cypress, stated he attended the County
meeting in which the zoning was reviewed but no action was taken and he felt
this particular area has been neglected.
Ms. McCormack was opposed to the deelopment because the roadway is not
constructed for heavy traffic, home values will be diminished and the business
will face the homes.
Mr. James Sugden lives next door to the proposed project, is in favor of the
project because it is a very low profile business with a minimal amount of
work done at the site.
Mr. Johnnie Perkins, 9219 Esther street, Cypress, stated that he was not in
favor of the project, didn't believe that Camp Street was designed for heavy
trucks because it has a very light coating of asphalt.
Councilmember Bowman stated that he would abstain on this vote because his -
company does business with the applicant, Franklin Air Conditioning.
Councilmember Kanel stated that something should be done to alleviate or help
the R-l homes along the street and if the street needs improvement, it should
be done.
Councilmember Kerry asked if there was a maximum truck weight that could be
posted for that particular street because of its proximity to residences and
the RV parking problem on the street.
Mr. Tom Murray, 5502 Marcella Avenue, Cypress, the property owner, stated that t
the Franklin Air Conditioning trucks are three quarter ton trucks and the
business has been operating at this location for two and one-half years with
little or no objection from the neighbors.
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City Council Minutes August 28, 1989
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
close the public hearing, certify the Negative Declaration in accordance with
the California Environmental Quality Act and approve Conditional Use Permit
No. 89-15, subject to conditions.
The Public Works Director suggested that a condition be added to prohibit the
business from using vehicles over three tons.
Councilmember Age requested the staff pursue all possibilities to alleviate
the concerns expressed by the residents.
The City Manager suggested that this permit be conditioned with a three
quarter ton truck limitation. The staff will investigate the street condition
and report back to the Council.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Bowman
CONSIDERATION OF PUBLIC HEARING RE: APPEAL FROM PROPERTY OWNER OF 10531 GRETA
CIRCLE. CONCERNING NOTICE TO ABATE NUISANCE: Mayor Arnold opened the public
hearing and read the procedure that would be followed during this hearing.
The City Manager explained that because this matter could require some action
on the part of the City dealing with private property and is equivalent to a
court action, it is imperative that everyone that is to testify on this matter
be sworn in.
Mr. Lester Kuty, 10531 Greta Circle, Cypress, challenged the hearing on the
grounds that the notice of public hearing was not properly posted.
The City Attorney explained that the purpose of the notice is to apprise Mr.
Kuty of the hearing. He suggested the Chair overrule the challenge and
proceed with the hearing.
The Public Works Director summarized the staff report dated August 18, 1989,
which indicated that the property at 10531 Greta Circle had been notified that
a fire hazard was being created by the accumulated debris on the property and
immediate abatement was ordered by the Orange County Fire Department and it is
staff's finding that this property is in a condition that is causing a
significant, clear and present nuisance and a detriment to the health, safety
and welfare of the residents of Cypress. A video tape of the property taken
on August 28, 1989 was shown.
Inspector John Moore of the Orange County Fire Department, responding to
questions, answered that older building materials are more susceptible to fire
and will aid in the spread of fire. He stated that the debris is also a
hazard to fire fighters responding in any emergency situation.
Councilmember Kanel stated, for the record, I just wanted to say that I did
make a complete turn. I didn't stop. I did not get out to go look at the
property, but I could see the way that it was pretty much what I saw in the
video.
Responding to Councilmember Bowman, Inspector Moore notified the property
owner on March 14, 1989 that a fire hazard was being created and a
reinspection date was set for March 28, 1989 but the property was not
reinspected because Mr. Kuty denied access.
The City Attorney noted, for the record, that there are really two inspections
of the premises: one, which is the subject of the hearing tonight, is what
could be seen from the public right-of-way and that's what the video showed
and that's the subject of this hearing. We were denied access to look at the
rear yard and enclosures that could not be seen from the public right-of-way
and acting upon that lack of consent, we sought and obtained an inspection
warrant. That warrant, granted by the judge, resulted in the inspection on
last Wednesday of the rear yard but that matter, because it just happened last
Wednesday, will not be the subject of the hearing tonight. Assuming findings
are made by the staff, there will be later hearing before this Council on that
matter. As a practical matter, the hearing is in two parts.
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The City Clerk stated, for the record, that Mr. Anthony Elmo, Building
Official Cypress Public Works Department, along with the Fire Department
Representative were sworn with the Public Works Director.
In response to Councilmembers, the Building Official summarized his findings
regarding the subject property, the number of times the property was visited,
noting all that could be seen from the public right-of-way and his dealings
with Hr. Kuty since May of 1989.
Councilmember Age commented, for the record, that she had not been by the :1"" ~'-'fI'fV
property nor has she seen it.
Ms. Tina Zimmerman, Video Intern with the City Cable Department, was sworn in
by the City Clerk and stated she was the person who took the video of the
property at 10531 Greta Circle on the morning of August 28, 1989.
The City Clerk was sworn in by the City Attorney to respond to questions from
the Council as to any correspondence from Vector Control on the subject
property. The Public Works Directors stated that there is correspondence that
relates to an on-site inspection that was done on August 23, which is not
applicable to the hearing tonight. As related by the Public Works Director,
to Mr. Siemen of Vector Control indicated he had inspected the site, found
evidence of rats eating fruit; however, he did not feel what he saw was
exceptional. Mr. Siemen stated it was likely the rats lived in the vegetation
surrounding the site.
The City Manager swore the property owner, Virginia Hurrell, 10531 Greta
Circle, Cypress and her representative, Mr. Lester Kuty, 10531 Greta Circle,
Cypress. Hr. Kuty stated that there were three areas to be discussed: the
actual abatement notice, the actions of the City and the actions of the
neighbors. He also stated that he would attack some of the testimony given by
the staff, he had asked that all items to be abated be identified and they
were not.
The City Attorney explained the notice and the attached list of items to be -
abated.
After further discussion, Councilmember Kerry asked the City Attorney if the
City was required to itemize each item and the City Attorney responded in the
negative.
Mr. Kuty stated that everything that is mentioned on the abatement list is
appropriately on his property and is to be used in the building of a room
addition.
After a question and answer session between the Council and the property
owner's representative, Councilmember Kanel stated that many of thE neighbors
are upset and have complained about the accumulation of material on the
property for some time.
Hr. Kuty stated that accusations were being made that were unsupported and the
Council does not have the facts with people making unfounded statements.
RECESS: Mayor Arnold called for a recess at 9:58 p.m. and reconvened the
meeting at 10:06 p.m. with all Councilmembers present.
Mayor Arnold stated that the hearing would continue with questions from
Councilmember Kerry and then the property owner's representative would
summarize his statement. -'
Councilmember Kerry read the five statements outlined on the letter dated
April 28, 1989 from the City and Mr. Kuty responded and explained the
materials and the building process.
Mayor Arnold asked Mr. Kuty several times if he had anything further he wished
to discuss and he referenced the Fire Department's letter of March 14, stated
he had not received the plan check resubmittal, he had submitted a complete
set of plans and he had pulled building permits. He suggested that if the
Council did not have the time to review all the facts, that the hearing be
moved to another time. He believed that the information before the Council
was not adequate to make a rational, intelligent decision as to the abatement
notice.
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City Council Minutes August 28, 1989 165
Ms. Virginia Murrell commented that she has been very upset about this because
it is taking Lester's time when he could be building the slab and starting
construction.
Mayor Arnold asked those persons in the audience who wished to speak on this
issue to stand and be sworn as a group by the City Clerk,
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, believed that Mr. Kuty owed
the City Council and the audience an apology.
Mr. Mike Martinez, 10532 Greta Circle, Cypress, lives across the street from
the property in question. He stated that the broken concrete had been on the
property since last March, there are two cars sitting there, rats are dying
there and the dirt piles act as cat litter boxes. He reported that Mr. Kuty
has no lumber list and does not know construction work.
Ms. Kim Keener, 10511 Greta Circle, Cypress, lives next door to the property
in question, submitted several photos that have been taken since October of
1987. She stated that Vector Control came, baited the property and there are
dead rats in the neighborhood. She felt the material was a health, safety and
fire hazard. Ms. Keener stated she would like to know where his rights end
and hers begin because all she is hearing is about his rights, the property
owner's rights but what about hers. She also submitted a newspaper article
about a situation in Lakewood.
Mr. David Keener, 10511 Greta Circle, Cypress, read a letter from a neighbor,
Ms. Lucia Cruz, living at 10502 Greta Circle, Cypress, who has just had
surgery and could not attend the meeting. The letter voiced her objection to
the conditions at 10531 Greta Circle.
Ms. Kathy Judd, 10532 Hester Street, Cypress, is a neighbor directly behind
the property and asked for clarification on what portion of the property was
being discussed and was informed that the backyard will be discussed at
another time. She felt that the entire neighborhood was more important than
one person.
Ms. Helen Schifflet, joint owner and executrix of 6161 Ferne Avenue, directly
next door to the Greta Circle property and the property conditions have
definitely kept her home from selling. The estate cannot be closed until this
property is sold, legal action may have to be taken and something should be
done for the other neighbors.
Ms. Joyce Nicholson, 6045 Jeffrey Mark, Cypress, realtor, stated she did have
a client that she took to the property, the client walked to the side and saw
the neighboring property and would not purchase the house.
Mr. Manny Dua, 10501 Greta Circle, Cypress, expressed concern about the
property and every Saturday morning Mr. Kuty brings a full truck load of junk
to his front yard. He has not seen stuff going out of the yard and he
requested the authorities to take action to rid the neighborhood of the junk
in the front yard of this property.
Mayor Arnold called upon Mr. Kuty to rebut any new evidence that may have been
raised by the public.
Mr. Kuty expressed distress due to the testimony given and stated that again
many unfounded claims were made. Responding to Councilmember Kerry, Mr. Kuty
stated that they had purchased property over the years and rehabilitated those
properties and he does know construction. He acknowledged the fact that the
property was not pretty at this point in time and would be the first to agree
that any building project is messy.
Responding to Mayor Arnold, Mr. Kuty advised that it would take approximately
one year to complete this project after the slab goes down and there is not
adequate lumber on the property for the job. He still needs to establish what
items need to be abated according to the City.
Mayor Arnold asked for rebuttal from the staff on the testimony of the
property owner.
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City Council Minutes August 28, 1989
The Public Works Director clarified that if the list has any errors on
identification of any equipment, it is most likely because the equipment had
to be observed from the public right-of-way and many of the items were moved
around so what was identified at one time mayor may not be there at the
present. He reaffirmed that the property is a nuisance and is detrimental to
the health, safety and welfare of this City and the residents of that
neighborhood and strongly recommended that the appeal be denied.
The City Attorney read additional items that are also found to be public
nuisance: "Any condiUon or use of premises or bui Iding exterior which is
detr imenta I to the property of others. " That statement standing alone and I -
believe there was testimony from at least one realtor and neighbors in that
regard. Another free standing public nuisance would be: "Any attract ive
nuisance which may prove detrimental to children whether in a building. on the
premises of the building or upon an unoccupied lot" and there was some
evidence offered in that regard. Also, one other area: "No person whether
the same be the owner, agent or person in control of any inhabited or
uninhabited lot shall maintain such premises or allow the same to be
maintained in a condition which is injurious to health, safety or welfare of
residents in the vicinity." So each of those three statements just read into
the record are also grounds for making a finding, if the Council so chooses,
that there is a public nuisance on the property in addition to the one that
specified all the listed items that were observed by the Public Works
Department.
Councilmember Kanel remarked that the City Attorney was not bringing something
new into the hearing, he is just stating points of fact regarding public
nuisance. The neighborhood has been economically hurt, especially those
within the circle, and that's not fair to them because of this constant
accumulation of material. Some children could be hurt playing among all that
material, rodents could be present and it certainly has to be a fire hazard.
He addressed the property owner and believed she had assaulted the senses of
the neighbors and doesn't believe she has been fair to them. He stated that
he is basically gearing to vote to deny the appeal.
Councilmember Bowman stated he has seen the condition of the property and ~I
would vote to deny the appeal.
It was moved by Councilmember Kanel and Councilmember Bowman to close the
public hearing, deny the appeal and instruct the City Attorney to seek a court
order directing that the property owner of 10531 Great Circle, Cypress,
immediately abate the nuisance described herein and, if not completed within
the time set by the court order, that the City be authorized to enter onto the
property, remove and dispose of the items constituting the nuisance and assess
all costs for the abatement against the property plus the three issues raised
by the City Attorney for the record.
Councilmember Age commented that she would support the denial of the appeal
and it appeared clear-cut that the property was a health and safety hazard as
we II as a fire hazard and the concern of many people in the neighborhood. She
considered it unjust to the neighborhood.
Councilmember Kerry stated that, notwithstanding the property owner's intent
for the materials, it had been shown from other witnesses that these items or
similar items have been in the front yard/side yard area of the premises
within view of the public right-of-way for some time and the stacks of wood
are a hazard to children, There are exposed nails and there are many
abandoned, discarded or unused objects and it has been shown that property
values are decreased. All of things substantiate the finding of this property
as a public nuisance and she will deny the appeal. -
Mayor Arnold supported the statements made by Councilmember Kanel and a II of
the sworn testimony indicated that this is unreasonable and a health and
safety matter and certainly supported the denial of the appea I .
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
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City Council Minutes August 28, 1989 167
In answer to Mayor Arnold, the City Attorney responded that the property owner
wi II be given a short but reasonable opportunity to clear the property and
assuming that is not done, he will bring an action in the Superior Court to
bring about compliance. He asked the property owner to come forward and state
if the mater i a I in the front yard of the property will be removed and in what
period of time, within say 14 days.
Hr. Kuty stated that the answer to the City Attorney.s question is that they
wi II abide by all laws. If the law states that they have to remove something
within 14 days and there is no recourse, we will remove those items only if
the law is being broken.
The City Attorney believpd that the Council had informed the property owner
what law was being broken by declaring it a public nuisance. He off Ned to
pro v i de Hr'. Kuty with a complete copy of the code as regarding the publ ic
nuisance.
(ouncilmember Kanel informed the public that the property owner and Hr. Kuty
do have a right to go to court and appeal and if that happens, the City
Council will probably get itself involved in Closed Session and bel ieved the
City would prevail.
RECESS: Mayor Arnold recessed the meeting at 11:42 p.m. and reconvened at
11:49 p.m. with all Councilmembers present.
Hr. Leonard Maletz, 4508 Lemon Circle, Cypress, was present to discuss Items
31 and 32, REPORT ON DUCKS AT WILLOW PARK and CONSIDERATION OF REMOVAL OF
CYPRESS TREES ON ORANGE AVENUE AND DENNI STREET but because of the lateness of
the hour, he suggested that these items be continued to the next Agenda to be
heard early in the evening.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue Items No. 31 and 32 to the September 11 meeting. 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-16, GENERAL
RETAIL CENTER AND QUICK-LUBE FACILITY, 5961 BALL ROAD and CONSIDERATION OF
PUBLIC HEARING RE: VARIANCE NO. 89-11, FENCE IN 10' FRONT YARD SETBACK, 8891
WATSON STREET: It was moved by Councilmember Kerry and seconded by
Councilmember Bowman to continue both these items to the meeting of September
11 , 1989. 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 COllNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 34142 -
34470: Councilmember Kerry questioned the bill from the Scripps Clinic and
Mayor Arnold explained that was for her physical exam.
The City Manager stated that several years ago, the Council decided that the
benefit of an annual physical at Scripps Clinic be made available to each
Councilmember and was a benefit also provided to the City Manager.
After some discussion, Councilmember Kerry commented that perhaps this benefit
should be reviewed on the basis of the various medical plans now available
that may not have been several years ago.
Mayor Arnold stated that this was a cardia-vascular physical and cannot be
acquired unless prescribed. She felt it was important that she and anybody
else on the Council take advantage of it.
The City Manager stated he would provide an information packet on this
particular benefit and if the Council is not interested in continuing this
benefit, then it should be discussed.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
approve the Warrant List for Warrant Nos. 34142 through 34470 in the amount of
$1,705,554.80.
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Councilmember Kerry stated, for the record, that she was against the item
which provided payment for physicals performed at Scripps Institute.
The motion unanimously carried by the following roll call vote:
AYE: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNClLMEMBERS: None
CONSIDERATION OF A PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY ~
AND THE CYPRESS RECREATION AND PARK DISTRICT: The City Manager presented the
staff report dated August 17, 1989, which indicated that the Agency had agreed
to accept a loan from the Recreation District to fund the cost of the Gonzales
property.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman that
the City Council, acting as the ex officio governing Board of Directors of the
Cypress Recreation and Park District authorize the City Manager to execute the
attached Repayment Agreement, and the Promissory Note, in the amount of
$360,000 with the Cypress Redevelopment Agency with repayment by the Agency to
be made from future tax increments from the Civic Center Project Area. 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 12:01 a.m. to act as the Cypress
Redevelopment Agency. The City Council meeting reconvened at 12:04 a.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.
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CONSIDERATION OF AWARD OF CONTRACT FOR REPLACEMENT OF ONE UNMARKED POLICE
VEHICLE: The staff report dated August 10, 1989 indicated that a low mileage,
used automobile has been selected from Avis Used Car Sales.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
determine that it is in the best interest of the City to dispense with formal
competitive bidding pursuant to the City Code Section 21A-8F and authorize the
purchase of one (1) used vehicle as identified in the report from Avis Used
Car Sales, 12645 East Rosecrans Avenue, Norwalk, CA 90650 in the amount of
$12,950.78. 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 EMPLOYEE SERVICE AWARD PROGRAM AND AWARD OF CONTRACT: It was
moved by Councilmember Kerry and seconded by Councilmember Age to award the
employee service award contract for 1989 to O.C. Tanner Company in an amount
not to exceed $4,000 and authorize the purchase and payment of the service
awards. 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
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CONSIDERATION OF AWARD OF CONTRACT FOR REPAIRS TO THE POLICE DEPARTMENT
PARKING STRUCTURE DECK, PUBLIC WORKS PROJECT NO. 8943: Five bids were
received to strip and reseal certain areas on the Police Department parking
structure deck.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
accept the bid received from D.V. Troyer Company, P.O. Box 6650, Cerritos, CA
90701, as the lowest responsible bidder and award the contract for the repair
of the Police Department parking structure deck in the amount of $4,880. The
motion unanimously carried by the following roll call vote:
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City Council Minutes August 28, 1989 169
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF A TWO YEAR SERVICE CONTRACT RENEWAL FOR CUSTODIAL SERVICES:
The staff report dated August 17, 1989 indicated that Advanced Building
Maintenance has submitted a letter of intent to extend the existing contract
for two years, with a five percent increase in the monthly charge.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
approve renewal of the custodial service contract with Advanced Building
Maintenance Company, 10830 E. Whittier Blvd., Whittier, CA 90606 in the amount
of $26,523 per year for a two year period ending August 31, 1991. 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 RETENTION OF PROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR A
PARKING STUDY FOR THE PROPOSED REMAINING DEVELOPMENT WITHIN THE MCDONNELL
DOUGLAS BUSINESS PARK: Four proposals were received for a focused traffic
study of the MDC Development.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to:
1) Authorize an appropriation from the fund balance of the General Fund and
appropriate $1,500 to Account No. 4187-11-193-06; and 2) Retain the
professional services of Basmaciyan-Darnell, Inc., 17701 Mitchell North, Suite
101, Irvine, CA 92714, for a Traffic Study Report at the McDonnell Douglas
Business Park, at the northwest corner of Valley View Street and Katella
Avenue, Cypress, per said firm's proposal in the amount of $1,500. 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 PURCHASE OF TRACTOR MOWER, REQUEST FOR
QUOTATION NO. 8990-04: Five bids were received to supply one (1) Tractor
Mower with 60" flail attachment.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
determine Western Turf & Commercial, to be the lowest responsible bidder and
authorize a purchase order to be issued to Western Turf & Commercial, 9525
Sorensen Avenue, Santa Fe Springs, CA 90670 for the purchase of one (1)
Jacobsen T422D, as specified, in the amount of $10,112.70, including sales tax
and trade-in for Public Works Unit No. 880. 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
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
Councilmember Kerry asked for clarification on Items No. 17, 21 and 22.
Regarding Consideration of City's Debt Service Tax Rate for the 1989-90 Fiscal
Year and Consideration of the Cypress Recreation and Park District's Debt
Service Tax Rate for the 1989-90 Fiscal Year, the Finance Director stated that
there would be a slight reduction in the property tax bill because the
assessed value went up last year, which reduces the individual tax bill. In
regard to Consideration of Resolution for the Senior Center Phase I Expansion,
the Assistant to the Recreation and Park Director explained the Resolution,
which requested authorization of Block Grant Money to be applied to Phase I of
the Senior Citizen Complex.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to approve the
Consent Calendar Items No.8 through 22. The motion unanimously carried by
the following roll call vote:
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: 110
City Council Minutes August 28, 1989
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #8: Motion to Approve City Council Minutes for the Meeting of August 4,
1989, August 9, 1989, August 12, 1989, and August 14, 1989.
Recommendation: That the City Council approve the Minutes of August 4, 1989,
August 9, 1989, August 12, 1989, and August 14, 1989, as submitted, with
Councilman Kanel abstaining on the August 4, 1989 Minutes and Mayor Arnold *""~",~,,,i
abstaining on the August 14, 1989 Minutes, due to their absence at the
respective City Council meetings.
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 Authorization for the Public Works Director to
Attend the 1989 Public Works Congress and Equipment Show.
Recommendation: That the City Council authorize the attendance of Robert
Beardsley, Public Works Director, to the 1989 Public Works Congress and
Equipment Show, sponsored by the American Public Works Association, scheduled
for September 23-28, 1989, in Orlando, Florida, and be reimbursed for all
actual and necessary expenses incurred.
Item #11: Consideration of Proclaiming September 20, 1989, as "Education
Day. "
Recommendation: That the Mayor and City Council officially proclaim September
20, 1989, as "Education Day" in the City of Cypress as requested.
Item #12: Consideration of Proclaiming September 15, 1989, as "POW/MIA
Recognition Day."
Recommendation: That the Mayor and City Council officially proclaim September ~c..
15, 1989, as "POW/MIA Recognition Day" in the City of Cypress.
Item #13: Consideration of Employment Lists for the Positions of Police
Agent, Assistant Planner and Street Sweeper Operator.
Recommendation: That the City Council certify the Employment Lists for the
positions of Police Agent, Assistant Planner, and Street Sweeper Operator, as
submitted.
Item #14: Consideration of Recommendations of Traffic Commission Meeting of
August 15, 1989.
Recommendation: That the City Council approve the recommendations of the
Traffic Commission as follows: 1) Adopt the Resolution by title only, title
as follows, providing "No Parking" areas on the east side of Walker Street,
sixty (60) feet south, and thirty (30) feet north, of Camp Street; and 2)
Install signs designating one hundred (100) feet of "No Parking Vehicles Over
6 Feet High" on the east side of Walker Street, south of Camp Street.
RESOLUTION NO. 3611
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING" AREAS ON THE EAST SIDE OF WALKER STREET, SIXTY (60) FEET SOUTH,
AND THIRTY (30) FEET NORTH, OF CAMP STREET. II!IllIIII
Item #15: Consideration of Legislative Advocacy Update.
Recommendation: Receive and file.
Item #16: Consideration of Increase to the Monthly Service Fee for the Vision
Benefit Plan for Employees.
Recommendation: That the City Council authorize staff to continue the City's
contract with the California Vision Service Plan.
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City Council Minutes Augus t 28, 1989 171
Item ##17: Consideration of City's Debt Service Tax Rate for the 1989-90
Fiscal Year.
Recommendation: That the City Council adopt the Resolution, by title only,
title as follows, fixing the City's debt service tax rate to be .0034 percent
(.000034) of the assessed value.
RESOLUTION NO. 3612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE VOTER
APPROVED INDEBTEDNESS TAX RATE FOR THE FISCAL YEAR 1989-90
Item ##18: Consideration of Resolution of Intention to Amend the PERS
Miscellaneous Retirement Plan with Certain Bargaining Groups to Provide
Section 20024.2 (One Year Final Compensation).
Recommendation: That the City Council adopt the Resolution of Intention, by
title only, title as follows, approving the Amendment to add Section 20024.2,
One Year Final Compensation, to the City.s PERS contract with its members in
the Cypress Employees. Association, miscellaneous members of the Cypress
Public Safety Employee's Association and miscellaneous members of the Middle
Management and Top-Management groups.
RESOLUTION NO. 3613
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS
INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF CYPRESS.
Item~: Consideration of Renewal of the City/District's Long Term
Disability Program and Life Insurance Program With Standard Insurance Company.
Recommendation: That the City Council, and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, authorize the
renewal of the Long Term Disability program and Life Insurance program with
Standard Insurance at the proposed renewal rates effective September 1, 1989
to August 31, 1990, as outlined in the report.
Item #20: Consideration of Employment List - Police Dispatcher I.
Recommendation: That the City Council certify the Employment List for the
position of Police Dispatcher I, as submitted.
Recreation & Park District Matters:
Item #21: Consideration of the Cypress Recreation and Park District's Debt
Service Tax Rate for the 1989-90 Fiscal Year.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution, by title only, title as follows, fixing the District's debt
service tax rate to be .0087 percent (.000087) of the assessed value.
RESOLUTION NO. 163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED
INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1989-90.
Item #22: Consideration of Resolution for the Senior Center Phase I
Expansion.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Authorizing Resolution, by title only, title as follows, to file an
application for the Senior Center Complex Phase I Expansion Project under the
Per Capita Grant Program of the California Wildlife, Coastal, and Park Land
Conservation Act of 1988.
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1 ~~y Counc il Mi nutes Augus t 28, 1989
RESOLUTION NO. 164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS EX OFFICIO
GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE
CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 FOR
THE ,SENIOR CENTER COMPLEX PHASE I EXPANSION PROJECT.
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 amending Section 26A-7 of the City Code.
ORDINANCE NO. 824
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.
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
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows granting Variance No. 89-
10.
RESOLUTION NO. 3614
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 AN EXISTING AIR CONDITIONING UNIT TO REMAIN IN THE SIDE YARD il!Jl"''''
AND TO ALLOW AN EXISTING PATIO ENCLOSURE TO ENCROACH INTO THE REAR YARD
AREA OF A SINGLE-FAMILY HOME - VARIANCE NO. 89-10 (10002 ST. VINCENT
CIRCLE) .
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
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows amending C.U.P. No. 89-
13.
RESOLUTION NO. 3615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-13 - WITH CONDITIONS
(ORIENTAL MISSIONARY SOCIETY, HOLINESS CHURCH, 4872 BISHOP STREET).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None -
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Arnold
Mayor Arnold abstained due to her absence at the August 14, 1989 meeting.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt a Resolution by title only, title as follows, amending C.U.P. 89-14.
RESOLUTION NO. 3616
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-14 - WITH CONDITIONS (RETAIL
SHOPPING CENTER, 6202 & 6222 LINCOLN AVENUE).
12
City Council Minutes August 28, 1989 173
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Arnold recessed the meeting at 12:15 a.m. to enter into
closed session to discuss matters of Personnel. The meeting reconvened at
12:45 a.m. with all Councilmembers present.
ADJOURNMENT: Hayor Arnold adjourned the meeting at 12:45 a.m.
J~t~
THE CITY OF CYPRESS
ATTEST:
~~II-' 4J .
CITY C( RK OF THE CITY F CYPRESS
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