Minutes 89-09-11
174
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
September 11, 1989
The regular meeting of the Cypress City Council was called to order at 5:35
p.m. on Monday, September 11, 1989, in the Cypress City Council Chambers~ 5275
Orange Avenue, Cypress, California, Mayor Arnold presiding.
PRESENT: Councilmem~ers Age, Bowman, Kanel, Kerry and Arnold
NOES: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, Hurst and Lowenberg.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. None were
presented.
CLOSED SESSION: Mayor Arnold recessed the meeting for a closed session at
5:36 p.m. to discuss matters of personnel and litigation. The meeting
reconvened at 7:30 p.m. with all Councilmembers present and staff members
Beardsley DeCarlo, Eynon, Hurst and Lowenberg also present.
The City Manager stated that the City Council had recessed immediately into
closed session, took no action on the 5:30 p.m. portion of the Agenda and
called upon the City Attorney for his summation.
The City Attorney stated that the litigation matter involved the findings in
the public nuisance matter. Responding to Councilmember Kanel, the City
Attorney advised of the procedure that the property owner is to follow in
order to abate the public nuisance and the hearing on the rear yard will be at
the September 25 meeting.
Mayor Arnold asked Chief Lowenberg to come forward, commented about his
dedicated service to the community of Cypress, wished him success in his new
position and presented him a Community Service Plaque.
Mayor Arnold announced that the successor to the position of Cypress Police
Chief was Captain Daryl Wicker. Captain Wicker accepted the appointment with
pr i de and commitment and thanked the C it,y Manager and the City Counci 1 .
Various members of the City Council offered their personal comments to Chief
Lowenberg and Captain Wicker.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. None were
presented.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
None were presented.
The City Manager reported that the representative from the Fieldstone Company
was unable to attend this meeting and will make a presentation at the
September 25, 1989 Council meeting.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 89-16. RETAIL COMMERCIAL CENTER AND QOICK LUBE FACILITY. 5961 BALL ROAD:
Mayor Arnold opened the public hearing. The Planning Director presented the
staff report dated September 1, 1989, which represented a request to develop a
retail cOlnmercial center and quick-lube facility at 5961 Ball Road. A
Negative Declaration will be filed according to the requirements of the
California Environmental Quality Act. Staff believes that further work on
this project, including a traffic study and special neighborhood meeting would
assist in addressing the unresolved issues.
Mr. Carl Swain, P.O. Box 3701, Long Beach, property owner, explained that the
quick lube business is solely service oriented. He stated his willingness to
meet with the residents to alleviate their concerns, addressed the proposed
traffic study issue and requested approval of the project.
Mr. Kevin Kerns, representing California Pit Stop, stated that the facility
was strictly service and explained the operation of the business.
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City Council Minutes September 11, 1989
After further discussion, Councilmember Kanel suggested that some form of a
traffic study be done, a meeting with the citizens be held and suggested
continuing the hearing.
Mayor Arnold reviewed the procedural aspects of public hearings.
Councilmember Kerry expressed concern with parking behind buildings.
Mayor Arnold asked if anyone wished to speak on behalf of or against the.
project.
Ms. Verna Dodson, 5771 La Jolla Way, Cypress, voiced her concern about the
project, mentioned the amount of mini-lube businesses in the immediate area,
lack of adequate parking, difficulty in egressing the condominium complex and
asked the Council to consider these problems.
The Planning Director and Public Works Director briefly addressed the concerns
presented by some of the citizens.
After some discussion, it was moved by Councilmember Kanel and seconded by
Councilmember Age to continue the public hearing to October 30, 1989 and, in
the meantime, staff will coordinate a homeowners' meeting with the developer,
discuss restrictions and authorize a traffic study. Councilmember Kerry asked
for an amendment to the motion to address the parking behind the building.
Councilmember Kanel amended his motion to requesting staff to address the
reconfiguration of the project to bring the parking forward and Councilmember
Age concurred. The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 89-11.
PROPOSED FENCE IN 10' FRONT SETBACK. 8891 WATSON STREET: The Mayor declared
the public hearing open. The Planning Director summarized the staff report
dated September 1, 1989, which represented a request for a variance to allow
the placement of a six foot high fence in the required ten foot street
sideyard setback. According to the requirements of the California
Environmental Quality Act, this application is not considered a project. The
parking lot layout has been reworked to accommodate adequate parking and the
transformer has been moved out of the public right-of way.
No one 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. 89-11. 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 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT -
SECONDHAND BUSINESS - J & M GIFT AND THRIFT SHOP #2. 5523 LINCOLN AVENUE,
CYPRESS: Mayor Arnold declared the public hearing open. The City Manager
presented the staff report dated September 6, 1989, which indicated an
application has been received for a Special Permit to allow the operation of a
secondhand business from Mr. Jimmie Dowell Walden.
Mr. Jim Walden, 5523 Lincoln Avenue, Cypress, stated he planned to sell new
and used merchandise.
No one else wished to speak in support of or opposition to the application.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing and approve the permit subject to the following
conditions: 1) All sales to take place within the building, and 2) No outdoor
storage or display or any items. The motion unanimously carried by the
following roll call vote:
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City Council Minutes September 11, 1989
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-17, BEER
AND WINE - GOURMET PIE & PASTRY COMPANY. 4139 BALL ROAD: Mayor Arnold opened
the public hearing. The Planning Director presented the staff report dated
September 1, 1989, which represented a request for a beer and wine liquor
license at the existing Gourmet Pie and Pastry Restaurant. In accordance with
the California Environmental Quality Act, a Negative Declaration will be filed
for this project. Notices of this public hearing were posted, published and ~>^""*~
mailed to the property owners within a 300-foot radius of the subject
property.
Councilmember Kerry asked if there was some conditions that could be imposed
regarding excessive noise.
Mr. Michael Richards, 4139 Ball Road, Cypress, owner of the Gourmet Pie and
Pastry Company, stated that the onsite sale of beer and wine license will be
served to compliment the lunch and dinner menu.
The City Manager mentioned that the Alcoholic Beverage Control has notified
the City that there have been several protests from neighbors and, at the
present time, it appears the investigator will deny the application because of
the protests.
Chief Lowenberg believed the issue to be the proliferation of alcoholic
beverage licenses in the area and not noise.
Councilmember Kanel remarked that the noise factor should be addressed since
the shop abuts residences but otherwise sees nothing wrong with the request.
Councilmembers Kerry and Bowman stated that they were contacted by residents
that there was noise from the shop and several homeowners were very concerned.
Mayor Arnold asked if anyone else wished to speak in support of the ,,",,'_0"
application.
Mr. Len Serny, 9857 Via Sonoma, Cypress, expressed concurrence on the fine
operation of the shop and has no problem with the beer and wine, but there are
noise problems which are not all created by the bakery. He reported that
several fires had occurred recently.
Mr. Richards stated that the alleyway is used by the public as a dumping
ground.
Chief Lowenberg responded that the Police Department works very closely with
the Fire Department and the Police have increased the frequency of patrols and
are aware of the problem in that retail center.
Mr. Russ Fulbright, spoke in favor of the application and mentioned that
people call ABC and complain because they don't like alcohol.
Mayor Arnold asked if anyone wished to speak in opposition to the project.
Mr. Edwin Robinson, 9859 Via Sonoma, Cypress, stated that noise has been a
problem at various times and advised that the main concern was the
congregation of young people in the alleyway at night. He commented that
there is a problem and it should be considered.
Mr. Richards stated that the problem appears to be the trash not the beer and -
wine and offered some suggestions.
It was moved by Councilmember Kanel and seconded by Mayor Arnold to close the
public hearing, certify the Negative Declaration as prepared according to the
requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 89-17, subject to conditions. He suggested that a
condition addressing the noise problem be included. 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
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City Council Minutes September 11, 1989
Councilmember Kerry asked that the Report on Ducks and Removal of Cypress
Trees be moved forward and hearing no objection, Mayor Arnold so ordered.
CONTINUATION OF CONSIDERATION OF REPORT ON DUCKS AT WILLOW PARK: The Public
Works Director summarized the staff report dated August 21 and 31, 1989, which
addressed the actions of the City Maintenance Division staff in the removal of
several ducks from the pond at Willow Park. He read the recently adopted
policy regarding the handling of wildlife.
After a brief discussion, the Public Works Director suggested that the policy
on wildlife be restated and brought to the Council meeting of October 9, 1989.
Mr. Leonard Maletz, 4508 Lemon Circle, Cypress, expressed his desire to
discuss this issue and stated that ne was at considerable variance with the
accuracy, tone and conclusions drawn in the memo issued by the Public Works
Department and wished to be heard fully.
After some discussion, Mr. Maletz presented his statement addressing the
City's handling of the ducks and provided a petition.
Mrs. Charlotte Maletz introduced a book and pictures of the Mallard ducks at
Willow Park and related conversations with representatives of the California
Department of Fish and Game.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
continue this item to October 9, 1989. Councilmember Age requested that the
Public Works Director provide at that time an expanded policy on the handling
of wildlife. 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
CONTINUATION OF CONSIDERATION OF REMOVAL OF CYPRESS TREES ON ORANGE AVENUE AND
DENNI STREET: The Public Works Director summarized the staff reports dated
August 23 and 31, 1989, which discussed reasons for the removal of Cypress
trees from the parkways of Denni Street and Orange Avenue.
Councilmember Age stated that she felt what generated the controversy was the
fact that the trees were not posted for removal. The Public Works Director
explained what methods had been undertaken to prevent any future
misunderstandings.
Councilmember Kerry expressed concern about the removal of mature trees and
requested that any tree removal contract indicate the location of those trees
so the Council can review the situation.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
receive and file both staff reports. Councilmember Age requested that the
City Manager and the Public Works Director review the tree planting policy and
return to the Council with recommendations on the future removal and planting
of City trees. Councilmember Bowman commented that the City plant trees that
mature and will remain for 30 years rather than pulling them out every few
years. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEMBERS: Age, Bowman, Kanel, Kerry & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Arnold call for a recess at 10:45 p.m. and reconvened the
meeting at 10:55 p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 89-5,
REGARDING SATELLITE DISH AND OTHER ANTENNAS: Mayor Arnold opened the hearing.
The City Attorney presented the report dated August 31, 1989, which indicated
that a draft ordinance and procedures have been established for satellite dish
and other antennas that meet the standards and tests established by both case
law and Federal Communications Commission opinion.
After a question and answer period on the draft ordinance, Councilmember Kerry
asked for clarification on the screening of antennas by walls, fences or
landscaping and the length of time allowed to conform. Councilmember Bowman
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City Council Minutes September 11. 1989
asked if a clause could be added to Section 13.4-9, Non-Conforming Antennas,
that they have one year if a permit previously has been issued, preempting not
having a permit and taking a year to conform. The City Attorney replied
positively. The City Attorney clarified that the two things required are:
approval by Design Review Committee and a Building Permit. If they don"t have
either of those, then they would have to comply with the new Ordinance.
The Planning Director, addressing the Council's concerns, suggested that
Sections 13.4-3 Band 13.4-4 B be changed by deleting the last sentence and
substituting: "In any event, landscaping shall be high enough to obscure
visibility of the antenna within one (1) year." The City Attorney advised ...~"'.
that the other change is to make certain that a building permit is required
which may not require a change in the draft ordinance. Councilmember Bowman
advised that he would like the penalties to be reflected in the new Ordinance
for satellite dishes installed without building permits.
Mayor Arnold asked if anyone wished to speak in support of or opposition to
the proposed Ordinance. No one did so.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
approve the first reading of the Ordinance by title only, title as follows,
amending Satellite Dish Antennas, with the two modifications suggested.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ~ 13.4
"SATELLITE DISH ANTENNAS," OF THE CODE OF THE CITY OF CYPRESS PROVIDING
FOR THE REGULATION OF ALL ANTENNAS WITHIN THE CITY.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry & Arnold
NOES: 0 COUNClLMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION _9F REPORT ON LINCOLN AVENUE STREET RESURFACING: The Public -
Works Director recapped the staff report dated August 31, 1989 explaining the
various street maintenance techniques applied to pavement surfaces and their
cost.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
receive and file the report. 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 25-18. "LOTLINE ADJUSTMENTS" OF THE CODE OF THE CITY OF
CYPRESS TO CONFORM THE CITY CODE WITH STATE LAW: The Planning Director
presented the staff report dated September 1, 1989, which described an
Ordinance that reflected changes in the City Code that were mandated by state
Law on lotline adjustments.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
approve the first reading of the Ordinance by title only, title as follows
amending "Lotline Adjustments" of the City Code:
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
25-18 "LOTLINE ADJUSTMENTS" OF THE CODE OF THE CITY OF CYPRESS TO
,
CONFORM THE CITY CODE WITH STATE LAW.
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
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City Council Minutes September 11, 1989 179
CONSIDERATION OF ADOPTION OF ALARM ORDINANCE: Police Lieutenant Schaeffer
summarized the staff report dated August 13, 1989 which indicated the growing
alarm problem demonstrated by two areas of concern: 1) regulation of alarm
owners and installers, and 2) unnecessary police response to alarm calls that
are found to be alarm malfunctions or employee error. The proposed Ordinance
would regulate the installation, use of and response to alarms within the
City.
After some discussion, Mayor Arnold expressed her support of the Ordinance.
Councilmember Kerry stated that she was pleased that the alarm companies were
assuming some of the responsibility along with the customer.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
approve the first reading of the Ordinance by title only, title as follows,
adding an Article to the City Code relating to alarm systems.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE
IV SECTIONS 20-12 TO 20-24 TO THE CODE OF THE CITY OF CYPRESS RELATING
TO ALARM SYSTEMS.
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
The City Attorney reminded the Council that in order to comply with the
Ordinance, a motion was in order for the Council to continue past 11:30 p.m.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
continue the meeting to 12:30 a.m. 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 CONTRACT CHANGE ORDER POLICY: The staff report dated August
31, 1989 suggested that one minor modification be made to the Change Order
Policy and recommended that the remainder of the policy be approved intact.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
adopt the amended public works contract change order administration policy.
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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 34471 -
35034: It was moved by Councilmember Kerry and seconded by Councilmember
Kanel to approve the Warrant List for Warrant Nos. 34471 through 35034 in the
amount of $757,791.88. 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
Councilmember Kerry had requested that the Warrants be listed alphabetically.
The Finance Director advised the current format is check number order;
however, there is an alphabetical listing available. After a brief
discussion, Councilmember Age asked to view both methods of listing the
warrants for a couple of months and then come to a conclusion. Hearing no
objection, Mayor Arnold so ordered the two Warrant Lists be provided to the
Councilmembers.
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City Council Minutes September 11, 1989
Recreation & Park District Matters:
CONSIDERATION OF REQUEST FOR PROPOSAL OF PROFESSIONAL DESIGN AND DEVELOPMENT
SERVICES FOR THE PROPOSED MULTIPURPOSE SENIOR CITIZEN COMPLEX: The TEAM
report dated August 25, 1989, presented by the Recreation & Parks Director,
indicated that proposals were to be solicited for professional design,
planning and development services to prepare the master plan and to perform
architectural design services for the proposed new Multipurpose Senior
Citizens Complex at the existing site.
Councilmembers Age and Kerry expressed concern about the inclusion of a day r';....."
care room in the proposed Center, the potential liability and asked for more
information and detail on day care rooms and the Center. Several
Councilmembers wished to continue this item to the next Council meeting.
The City Manager suggested that the discussion be continued to October 9, 1989
so he could participate in the discussion since he will not be at the
September 25, 1989 Council meeting.
Mayor Arnold suggested that perhaps it would be advisable to hold a workshop
on this item on a day prior to October 9 or just prior to that Council meeting
with the time and date to be determined.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to October 9, 1989. 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 COMMISSIONERS ATTENDING THE CALIFORNIA CONFEDERATION OF THE
ARTS CONFERENCE - NOVEMBER 16-18. 1989: The staff report dated August 28,
1989, indicated that two Cultural Arts Commissioners have expressed a desire
to attend this conference.
jf,t;,.~
It was moved by Councilmember Kerry and seconded by Councilmember Kanel that
the City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District: 1) approve two Cultural Arts
Commissioners' attendance to the California Confederation of the Arts
Conference in San Jose on November 16 - 18, 1989, and 2) appropriate $1,000
from the Cypress Recreation and Park District's General Fund to Account #4206-
12-331.10 to pay and reimburse all appropriate travel and meeting expenses for
their attendance to the California Confederation of the Arts Conference.
Councilmember Kanel asked for an explanation on how attendees to the various
conferences are chosen. He stated that the Council should know where people
have gone, who's been going and be provided some detail. 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 recessed the meeting at 12:18 a.m. to act as the Cypress
Redevelopment Agency. The City Council meeting reconvened at 12:20 a.m. with
all Councilmembers present.
CONSIDERATION _OF AWARD OF CONTRACT FOR POLICE BAND MOBILE RADIOS, REQUEST FOR
QUOTATION #8990-05: Six bids were received for five (5) Police band mobile
radios. ~Y'~
It was moved by Councilmember Age and seconded by Councilmember Kerry to
accept the bid received from Mobile Communications Service, 5400 Jillson St.,
Commerce, CA 90040 as the lowest responsible bid and award the contract for
the purchase of Police band mobile radios to this company in the amount of
$3,716.32. 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
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City Council Minutes
CONSIDERATION OF AWARD OF CONTRACT FOR EMERGENCY VEHICLE CONTROL UNITS.
REQUEST FOR QUOTATION #8990-06: Five bids were received for nine (9) each
emergency vehicle control units.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
accept the bid received from High Standard Automotive, 521 E. 1st st., Santa
Ana, CA 92701 as the lowest responsible bid and award the contract for the
purchase of emergency vehicle equipment control units to this company in the
amount of $3,997.26. 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 AWARD OF CONTRACT FOR THE REHABILITATION OF SEWER MANHOLES.
PUBLIC WORKS PROJECT NO. 8838: Four bids were received for the rehabilitation
of sewer manholes.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to:
1) determine the lowest responsible bidder for City Project No. 8838 to be
National Plant Services, Inc., and 2) award a contract for the rehabilitation
of sewer manholes to National Plant Services, Inc., 1461 Harbor Avenue, Long
Beach, California 90813 in the amount of $83,158.97. 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 AWARD OF CONTRACT FOR ANALYSIS OF FEES AND CHARGES AND THE
RECOMPUTATION OF THE APPROPRIATION LIMIT: The staff report dated September 6,
1989 revealed that the Municipal Business System will enable Council to
control costs as well as to determine if fees are appropriately set and to
what extent taxes may be subsidizing fee related services.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
approve the agreement between the City and Management Services Institute
(MSI), 2521 W. La Palma, Anaheim, CA 92801 to supply and conduct the analysis
of fees and charges and to recompute the Gann Appropriation limit for the City
of Cypress and the Cypress Recreation District as outlined in the above report
in the amount of $83,000. 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 INCREASE IN ANNUAL ~SPHALT CONCRETE PURCHASE CONTRACT: The
staff report dated August 31, 1989 indicated that an additional $6,000 in
asphalt products will be needed prior to the expiration of the contract with
All American Asphalt Co.
It was moved by Councilmember Kerry clnd seconded by Councilmember Bowman to
authorize an increase of $6,000 in the expenditure limit of the current annual
purchase contract for asphalt concrete products, with All American Asphalt
Co., P.O. Box 2229, Corona, CA 91718 to a revised maximum of $24,000. 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 RETENTION OF PROFE~SIONAL SERVICES TO ASSIST IN FORMATION OF
FINANCING DISTRICTS WITHIN THE CYPRESS HOMES DEVELOPMENT (TENTATIVE TRACT NO.
13228: The City Manager summarized the TEAM report dated September 5, 1989,
which discussed all of the issues dealing with the financing districts in the I
Cypress Homes Development and requested retention of professional services.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to:
1) approve the Administrative Coordinating Team's recommendation to retain
professional services to assist in the formation of one or more financing
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182CitY Council Minutes September 11, 1989
districts within the boundaries of Tentative Tract No. 13228; 2) retain
Willdan Associates, 290 S. Anaheim Blvd., Anaheim, CA 92805-3896; Seidler-
Fitzgerald Public Finance, 515 S. Figueroa st., Los Angeles, CA 90071-3396;
and Burke, Williams & Sorensen, 3200 Park Center Drive, Suite 650, Costa Mesa,
CA 92626 for services as outlined; and 3) authorize the Mayor and City Clerk
to execute agreements with these firms as necessary.
That the City Council, acting as the Cypress Redevelopment Agency: 1) approve
the Administrative Coordinating Team's recommendation to retain professional
services to assist in the formation of one or more financing districts within
the boundaries of Tentative Tract No. 13228; 2) retain GRC-Copenhaver, Inc.,
150 W. First Street, Claremont, CA 91711 for services as outlined; and 3) ~""4't!il
authorize the Mayor and City Clerk, acting as the Chairman and Secretary of
the Cypress Redevelopment Agency, to execute an agreement with this firm, as
necessary. 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
The Council set Monday, October 16, 1989, commencing at 6:30 p.m. for a
special session to study this item.
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 recommendation listed on the Agenda.
Councilmember Bowman requested Considera,tion of Monthly Investment Program for
the Month of July 1989 be removed for further discussion. Councilmember Kerry
asked that Consideration of Report on Sweeping of Painted Arterial Street
Medians be discussed.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 7 through 15, except Items No. 10 and
12. The motion unanimously carried by tbe following roll call vote: ~,
AYES: 5 COUNCILMEMBERS: AgE!, Bowman, Kane 1, Kerry & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item ##7: Motion to Approve City Council !1inutes of the Regular Meeting of
August 28, 1989.
Recommendation: That the City Council approve the Minutes of August 28, 1989,
as submitted.
Item ##8: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waivle Further Reading.
Item ##9: Consideration of Designation of Voting Delegate and Alternate for
the League of California Cities Annual I:onference.
Recommendation: That the City Council designate Mayor Margaret Arnold as the
voting delegate and Mayor Pro Tem Cecil ia Age as the alternate for the 1989
Annual Conference of the League of California Cities.
Item ##11: Consideration of Design Review Committee's Approval of ##89-27 and
##89-28.
...,,~
Recommendation: Receive and file.
Item ##13: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Anthony, Michael T. and Ruth Richards D.B.A. Gourmet Pie &
~ Pastry Co., 4139 Ball Road, Cypress.
Recommendation: That the City Council r-eceive and file this application
contingent upon the approval/disapprova'l of Conditional Use Permit No. 89-17
scheduled to be considered by the City 'Council at its meeting of September 11
1989.
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183
City Council Minutes September 11. 1989
Item #14: Consideration of Design Review Committee's Approval of Extension
for #88-17.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item #15: Consideration of Appointments to the 1989-90 Youth Commission.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, ratify
staff's recommendations for the 1989-90 Youth Commission and Task Force as
outlined in the report.
Regarding Consideration of Monthly Investment Program for the Month of July
1989, Councilmember Bowman asked about the investments in excess of $100,000
that are either in savings and loans or banks and the Finance Director
responded that any amount of $100,000 or over is required by state law to be
collateralized either with mortgage notes or government securities.
In regard to Consideration of Report on Sweeping of Painted Arterial Street
Medians, Councilmember Kerry noted that Los Alamitos has been informed and the
Public Works Director advised that City has already cleaned up the area in
question and the resident has been notified.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
receive and file these reports. 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
ORDINANCES (Second Readinq) & RESOLUTIONS:
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving amendment to
C.U.P. No. 89-15.
RESOLUTION NO. 3617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-15 - WITH CONDITIONS
(OFFICE/WAREHOUSE BUILDING, 4891 CAMP STREET).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Bowman
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
adopt the Resolution by title only, title as follows, denying the appeal from
the property owner of 10531 Greta Circle, Cypress:
RESOLUTION NO. 3618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN THE MATTER OF
APPEAL FROM THE PROPERTY OWNER OF 10531 GRETA CIRCLE, CONCERNING NOTICE
TO ABATE NUISANCE AND ADOPTING FINDINGS THEREOF.
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 "
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City Council Minutes September II, 1989
ADJOURNMENT: Mayor Arnold adjourned the meeting at 12:30 a.m.
ATTEST:
4d~ l!J'f'''''~'
CITY CLERK 0 THE C Y OF CYPRESS
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