Minutes 89-09-25
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
September 25, 1989
The regular meeting of the Cypress City Council was called to order at 5:36
p.m. on Monday, September 25, 1989, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Margaret Arnold presiding.
PRESENT: Councilmembers Age, Bowman, Kanel, Kerry and Arnold
ABSENT: None
Also present were Assistant to the City Manager Nancy Leonard, City Attorney
Jerry Patterson and staff members Eynon, Hill, Hurst and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
Mr. Chris Bardis introduced himself and his colleague, Mr. Lloyd Arnold, both
of whom are associated with Harness Racing. He stated he appreciated the
opportunity to speak to the Council, had a draft plan for the Los Alamitos
Race Track property to present and asked for guidance and direction in
following the proper procedures. Mayor Arnold suggested that they work with
the Planning Department and, at the proper time, the plan will be presented to
the Council. She welcomed the gentlemen and their group to Cypress.
Councilmember Kanel reminded the prospective applicant that there will be many
citizens observing and listening to comments on that property. He mentioned
some key areas to be considered as the proposed plans progressed.
CLOSED SESSION: Mayor Arnold called for a closed session at 5:53 p.m. to
discuss matters of personnel and litigation. The meeting reconvened at 7:38
p.m. with all Councilmembers present and staff members Eynon, Hill, Hurst,
Wicker and Wyatt also present.
PLEDGE OF ALLEGIANCE: The pledge was led by a member of Cypress Boy Scout
Troop #610.
Matt Richins of Troop #610, residing at 9304 Fleetwood Street, Cypress,
thanked the City Council for allowing him to present his Eagle Scout project
to the City, which was the construction of ten easels for use by the Cultural
Arts Commission for the display of artwork.
The Assistant to the City Manager advised that the City Council had recessed
into closed session, took no action on the 5:30 p.m. portion of the Agenda and
deferred to the City Attorney.
The City Attorney stated that co-Counsel, Mr. Greenberg, had advised the
Council of the status of the Federal and State actions in the Hollywood Park
Rea lty I nc . litigation. Also, the matter of litigation on the public nuisance
issue at Greta Circle was briefly discussed. 0-
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Mayor Arnold welcomed the new Cypress Police Chief Daryl Wicker.
The newly-appointed members of the Youth Commission, Stephanie Margetich and
Michael Lee, were presented Certificates of Appointment by Mayor Arnold.
Returning Commission members Tamir Moustafa and Valerie Wong were also .
present.
Mr. Bill Wren of Cypress Homes spoke to the Council to update them on the
status of that development. He stated that the soil is being compacted on the
site, requiring overexcavation and surcharging and will be completed in about
a week. He reported the development schedule indicated grading will begin in
December, models started in March and completed in August 1990, with first
occupancy planned for December 1990.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, remarked that the weekly
Cypress-La Palma News has very little information about Cypress and if they
are going to use the name, they should print something about Cypress.
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Mr. Peter Woodington, 6325 San Andres Avenue, Cypress, asked if anything
further had been done on an ordinance for signage in the City because there
are an increased number of temporary signs in the vicinity of Cerritos and
Valley View.
Mr. Chris Bardis introduced himself and Mr. Lloyd Frank, two of the principals
in the process of acquiring the Los Alamitos Race Track. He declared they
look forward to working with the citizens of the community, the Council and
staff members for the successful development of the property.
;!W" Councilmember Kanel remarked that, hopefully, there was a resolution to the
situation regarding this property and the surrounding areas. He stated that
the prospective buyers had indicated publicly that the golf course apparently
was going to be reopened and redone~
Mr. Bardis stated that they are looking forward to the revitalization of both
the race track and the golf course.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
Ms. Kathy Judd, 10532 Hester Street, Cypress, asked if the item on Greta
Circle will be heard this evening.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-19,
VARIANCE NO. 89-16, RECREATION VEHICLE STORAGE YARD, 5171-83 LINCOLN AVENUE:
Mayor Arnold declared the public hearing open. The Planning Director
presented the staff report dated September 15, 1989, which represented a
request to operate a recreational vehicle storage yard in the rear parking lot
of the applicant's property at 5171-83 Lincoln Avenue. In accordance with the
California Environmental Quality Act, a Negative Declaration will be filed for
thi s project. Notices of this public hearing were posted, published and
mailed to the property owners within a 300-foot radius of the subject
property. Staff is recommending denial of the conditional use permit and the
variance.
Mr. Robert Eckes, the property owner, provided the Council with history of the
property and answered questions.
Mayor Arnold asked if anyone wished to speak in support of or opposition to
the application. No one did so.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry 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. 89-19 and Variance No. 89-16, with
cond it ions. Councilmember Kanel wished to add a condition stating that the
applicant waives relocation benefits for the business in the event this became
a project site and relocation was involved. The applicant agreed to the
condition.
Councilmember Kerry asked that this item be returned to staff to insure that
the parking spaces are properly laid out according to code. Councilmember
Kanel commented that he considered this temporary, is approving the permit
because of the amount of parking based on square footage and the shortage of
RV parking space.
The Planning Director read the additional condition: "The property owner and
business owner of the RV storage business shall waive all relocation benefits
poss ible through any future redevelopment process. "
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: CONDITIONAL USE PERMIT NO. 89-20,
VARIANCE NO. 89-14 AND TENTATIVE TRACT MAP NO. 14128. 12 UNIT CONDOMINIUMS,
INCLUDING ONE DENSITY BONUS UNIT, 4762 AND 4782 CRESCENT AVENUE: The public
hearing was opened by Mayor Arnold. The Planning Director summarized the
staff report dated September 11, 1989 which represented requests to develop 12
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condominium units, including one density bonus unit, to allow two guest
parking spaces to encroach into the front landscaped setback area and approval
of a Tentative Tract Map to combine three lots into one. 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. Staff had recommended denial to allow the applicant to return with a
revised site plan.
After some discussion, the Assistant Public Works Director expressed concern III!""~
about the lack of adequate vehicle access and turn around area with the two
guest parking spaces at the rear of the site.
Mr. Stephen G. Provenghi, 8522 Acacia Drive, Cypress, introduced his partner
Dave Chamberlin, who stated that they have made several concessions in
meetings with the Planning Department and needed to proceed. He asked the
Council's approval of the project.
Councilmember Kerry expressed concern about the lighting and the parking in
the back of the proposed complex. Councilmember Age expressed concern about
the fencing and the parking stating that the project is aesthetically very
pleasing.
Mr. Bob Gilbert, engineer for the project, 4552 Lincoln Avenue, Cypress,
proposed conditioning the parking itself, which is the real issue.
Councilmember Kanel commented that this project was the utilization of a small
amount of land to build condominiums and if a compromise can be accomplished,
it would be beneficial to everybody.
Mr. Gilbert stated that he perceived the main issue to be the layout of the
parking stalls, explained the project and volunteered to answer any questions
from the Council. He stated that the turn around in the back could be
mitigated somewhat by moving the buildings slightly forward but it would push
the project further into the front yard setback area to achieve the required -
parking.
Hr. Jonathan Hickman, attorney for the planned project proponents, addressed
the CC&R issue, the number of parking spaces assigned to the condominiums and
the guest parking spaces. He proposed that the CC&Rs include conditions
relating to building restrictions on the den as well as parking restrictions.
The City Attorney advised that cities are not usually in the business of
enforcing CC&Rs and it can be costly for the City.
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No one else wished to speak on behalf of the application and no one spoke
against the project. .
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It was moved by Councilmember Kanel and seconded by Councilmember ~owman 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. 89-20, Variance No. 89-14 and Tentative Tract Hap
No. 14128, subject to conditions. Councilmember Kanel mentioned that there
were several concerns voiced by the various Councilmembers and he wished to
establish conditions to address those concerns. The concerns discussed were
limiting the number of bedrooms, guest parking to be so marked and restricted
to 24 hours, a restriction that uses the word CC&R and assigned p~rking
spaces. Councilmember Bowman would support the application because it is a
small project and he has no problem with parking in the front setpack or
parking in the rear provided the spaces are adequately marked and there is -
sufficient turning radius. Councilmember Kanel requested that all the
conditions that the Council had discussed be incorporated into the
application.
The City Attorney suggested two approaches to guest parking: a supermajority
of the homeowners' association be required to make any changes an& the City is
not a party. The other would be to condition the CC&Rs so any cha~ge would
either not be permitted or would have to be approved by the City C~uncil.
Councilmember Age requested that the three foot patio fencing will' be modified
and made aesthetically pleasing.
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Mr. Gilbert requested another parking stall in the front thus allowing some
flexibility to work with staff to resolve the turn around in the back.
After additional discussion, Councilmember Kerry expressed her concern about
the density issue, the problems with parking and suggested that the real issue
might be the current zoning in that area. She commented that the applicants
have done an excellent job designing the project. 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: CONDITIONAL USE PERMIT NO. 89-21, OUTDOOR
STORAGE CONTAINERS. MERVYN"S DEPARTMENT STORE, 10201 VALLEY VIEW: Mayor
Arnold opened the hearing. The Planning Director presented the staff report
dated September 15, 1989, which represented a request to place ten storage
containers in the south parking lot of Cypress East Shopping Center. In
accordance with the California Environmental Quality Act, a Notice of
Exemption, Class 11 will be filed for this project. Notices of this public
hearing have been published, posted and mailed to all property owners within
300 feet of the subject site.
Councilmember Kanel stated he didn"t have any problem with this request
because it is going to be completed in five days.
Mayor Arnold asked if anyone wished to speak in support of the application and
no one did so. She asked if anyone wished to speak in opposition to the
request.
Ms. Lorraine Wicks, 5891 Marion Avenue, Cypress, stated that her home backs up
to the dumpsters in Mervyn"s parking lot and wanted to make sure that this
would end in five days because they have been awakened by the noise since the
first of summer.
Mr. Don Kennedy, 5843 Holmby Court, Cypress, stated that the issue will
probably come up again because Mervyn"s usually brings in storage containers
for Christmas merchandise and the same problems are experienced.
Responding to Mayor Arnold, the City Attorney explained that some of the
operations outside the hours of the use permit could be cited for code
violation without any further action of the Council.
Councilmember Bowman asked if the Council did not approve the conditional use
permit tonight, would Mervyn"s have to remove those bins tomorrow? The City
Attorney stated they are entitled to remodel; however, not during the middle
of the night and they are violating the code.
The Police Chief advised that they do not routinely enforce zoning ordinances
and notifications have been documented and forwarded to the Planning
Department. The Police Department could issue a citation but it doesn"t
necessarily stop the work or remove the bins.
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing and approve Conditional Use Permit No. 89-21 subject to
conditions. Councilmember Kerry stated she believed that the two issues were
truck deliveries; however, the immediate issue is thp storage containers and
the letter should advise Mervyn"s that they could be cited for code violation.
Mayor Arnold suggested that Mervyn"s be notified immediately that they
definitely will be cited if they don't comply and the City is giving them
notice for one week. Councilmember Age suggested that in addition to the
letter, staff call the manager of Mervyn"s to inform her that the letter is
coming and, in the meantime, we would appreciate their compliance with the
code. Councilmember Bowman stated he will not support the approval of this
conditional use permit because the permit is a privilege and Mervyn"s has
abused their privilege. He would be in favor of telling them to move the bins
tomorrow. Councilmember Kanel would support the permit to keep it legal but
if they continue the non-compliance, the City will take action because it is
not fair to the residents.
The motion carried by the following roll call vote:
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AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Arnold
NOES: 1 COUNCILMEMBERS: Bowman
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
move the Consideration of Public Hearing Re: Appeal From Property Owner of
10531 Greta Circle Concerning Notice to Abate Nuisance forward. Mayor Arnold
stated that there are a number of people in the audience for other items and
Council had attempted to move this item forward before and those citizens-were
not in the room, so she felt it was only fair to proceed with the Agenda. It J!;!-'",:,:~'l
was the decision of Council to proceed with the Agenda as published.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-22. DUPLEX.
6152 ORANGE AVENUE: The public hearing was opened by Mayor Arnold. The
Planning Director recapped the staff report dated September 15, 1989, which
represented a request to construct a duplex and a four car garage at 6152
Orange Avenue. The proposed project is categorically exempt from the
requirement for the preparation of environmental documents. Notices of the
public hearing were posted, published and mailed to all property owners within
300 feet of the subject property.
Mr. William A. Morgan, 1210 N. Jefferson, Anaheim, architect on the project,
stated he believed that they had complied with all requests from staff and
asked for approval of the project.
No one wished to speak in support of or opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
close the public hearing, approve the Conditional Use Permit No. 89-22,
subject to conditions. 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: AMENDMENT TO THE ZONING ORDINANCE NO. 89-
6. AMEND SECTION 10.7(B) PROHIBIT TRUCK PARKING IN ANY COMMERCIAL ZONE DURING
DESIGNATED HOURS, ADD SECTION 10.7(D) PROHIBIT TRUCK DELIVERIES DURING THE
HOURS OF 10:00 P.M. AND 7:00 A.M. AND NO DELIVERIES ON SUNDAYS AND FEDERAL
HOLIDAYS, DESIGNATED HOURS. ADD SECTION 10.7(E) VEHICULAR TRAFFIC SHALL EXCEED
THE NOISE LIMITS, AND 10.7(F) DEFINITIONS: Mayor Arnold declared the public
hearing open. The Planning Director presented the staff report dated
September 15, 1989, which was in response to a request by City Council to
amend the Cypress Zoning Ordinance to provide strict enforcement of activities
to reduce the noise level in all commercial zones. This ordinance was
initiated in order to mitigate noise related problems at the Cypress East
Shopping Center. She mentioned that a call was received asking if this
ordinance pertained to trash trucks and the Planning Direction stated, for the
record, that there is a separate franchise agreement with the trash company
which states that collection starts at 6:00 a.m. and commercial or industrial
collections may be made earlier at any location more than 600 feet from a
residential area. 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 of all
commercial zones and the property owners within a 300 foot radius of the
subject property.
Mayor Arnold asked if anyone wished to speak in support of the ordinance.
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Mr. Don Kennedy, 5843 Holmby Court, Cypress, stated that he strongly supported
this amendment, the noise adds to the annoyance that already exists behind
that center and he expressed concern about the enforcement of the ordinance.
Mr. Bob Frenzel, 10022 Myra Drive, Cypress, stated that he lives directly
behind the Albertson"s loading dock which receives deliveries almost every
night and keeps the family awake. He stated that unless there is an ordinance
in place and it is enforced, deliveries will continue to occur and neighbors
awakened in the middle of the night.
Mr. Kevin Rice, 5832 Myra Avenue, Cypress, complained about the trash trucks
who pick up daily from the center.
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Mayor Arnold asked if anyone wished to speak in opposition to the ordinance.
Hr. Joe Hardcastle, 4588 Blanca Drive, Cypress, commented he was opposed to
the noise but the ordinance was poorly written, it diverts the trucks into the
busiest traffic times and nobody is addressing the problem of noise.
Mr. Charlie Jeeter, Arco Products Company, voiced his concerns about the
ordinance limiting deliveries, which means that gasoline trucks would hav~ to
deliver at peak business hours and now they try to deliver loads during the
hours when the traffic is lighter.
Mr. Bill Miller of Nutrius, Inc.., 5421 Philo Street, Cypress, stated his
company is very aware of noise and the ordinance will have a big impact on
their deliveries.
The Planning Director clarified that this company is in the light industrial
zone and will not be affected by this ordinance.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
close the public hearing, certify the Negative Declaration as prepared
according to the requirements of the California Environmental Quality Act and
approve the first reading of the Ordinance by title only, title as follows,
amending Section 10.7(B), Performance Standards.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
10.7 OF APPENDIX 1, "ZONING" OF THE CODE OF THE CITY OF CYPRESS RELATIVE
TO COMMERCIAL ZONES AND NOISE STANDARDS THEREOF.
Councilmember Kanel stated that there really haven't been many complaints on
commercial abutting residential except for the Albertsons/Mervyn's Center and
this amendment is needed.
Responding to Councilmember Kanel, the City Attorney advised that he will come
before the Council with a code enforcement process in which the code
enforcement officer would have the authority to issue citations. He also
advised that the reason the trash trucks were not included in the ordinance is
because it wasn't brought up and they are governed by a franchise agreement.
Mayor Arnold stated that since the problem appears to be primarily the
refrigeration trucks, other large delivery trucks and trash trucks in the
Albertson's shopping center, why couldn't the ordinance address just that
location?
The City Attorney replied that he had mentioned this at the last meeting and
it appeared to be a consensus of the Council to include all commercial
vehicles and any classification that is made has to be equal and fair.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kanel and Kerry
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: APPEAL FROM PROPERTY OWNER OF 10531 GRETA
CIRCLE CONCERNING NOTICE TO ABATE NUISANCE: Mayor Arnold opened the public
hearing. She read a letter from Lester Kuty and Virginia Murrell informing
the Council they would not appear before the Council on September 25, 1989.
The City Attorney swore in the City and County staff prior to their giving
testimony.
The Assistant City Engineer presented the staff report dated September 15,
1989 which concerned the subject property owner's appeal on the second of two
postings regarding the Public Works Director's finding that the property
constitutes a public nuisance. This hearing was limited to the conditions in
the back and side yards and on the roof of the residence and a slide
presentation on those areas was given.
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After the presentation, Councilmember Kerry mentioned, for the record, that
all the slides showed the date of August 23. 1989.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
extend the Council meeting to 12:30 a.m. The City Attorney advised that an
item in progress may be finished and when that item is completed, the meeting
is either adjourned or extended. Councilmember Bowman withdrew his motion and
Councilmember Kerry withdrew her second.
Responding to Councilmember Kanel, the Building Supervisor answered that less
than 25% of the items in the side and rear yards could be used for
construction of any kind of residential room addition.
The Fire Department representative r~sponded to questions from Councilmembers
and stated that the materials on th~ property were combustible and hazardous
and the accumulation on the property would pose a hazard to emergency crews.
Councilmember Kerry referred to the report from Vector Control which indicated
that the materials on the property would harbor and cause rat infestation and
they had observed rat feces and footprints.
Mayor Arnold asked if the property owner Ms. Murrell or her representative Mr.
Kuty were present. They were not present. Mayor Arnold asked if anyone
supported the appeal of Mr. Kuty and wanted to testify. No one did so.
Mayor Arnold asked if anyone wished to speak in opposition to the appeal. The
City Attorney swore in the following neighbors who spoke against the appeal,
expressed their concerns and fears, and asked that something be done about the
situation quickly.
Ms. Kim Keener, 10511 Greta Circle, Cypress,
Ms. Kathy Judd, 10532 Hester Street, Cypress,
Mr. David Keener, 10511 Greta Circle, Cypress,
Mr. Mike Martinez, 10532 Greta Circle, Cypress, and
Mr. Manny Dua, 10501 Greta Circle, Cypress. -
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing and adopt the Resolution by title only, title as follows
denying the appeal filed by Mr. Lester Kuty.
RESOLUTION NO. 3619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING THE
APPEAL FILED BY MR. LESTER KUTY OF THE PUBLIC WORKS DIRECTOR'S AUGUST
28, 1989 DECLARATION THAT A PUBLIC NUISANCE EXISTS IN THE REAR AND SIDE
YARD PORTIONS AS WELL AS ON THE ROOF OF THE PROPERTY AT 10531 GRETA
CIRCLE IN CYPRESS, CALIFORNIA.
Councilmember Kerry stated on the basis of the information received and
according to the findings of the City staff, the Fire Department and Vector
Control, that the accumulation of lumber, junk, trash and other abandoned,
discarded or unused objects stored on the property may attract children and
result in serious injuries; that the health and safety and general welfare of
the surrounding neighborhood is endangered; and that the condition of the
property adversely affects the property values of the surrounding
neighborhood. According to the reports received from the Fire Department
regarding the fire hazards, the combustibles and other materials, and from
Vector Control regarding the harboring of rats, this property should be
declared a public nuisance and be cleaned up.
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Councilmember Kanel stated, for the record, that he concurred with all of the
areas that the maker of the motion has indicated in her comments. He further v;I!ii.'
stated that the property owner and her representative are not present of their
own volition and they sent a communication stating that their constitutional
rights have been violated. Councilmember Kanel also stated that if anybody's
rights have been violated, it is certainly the neighbors'.
Councilmember Age noted, for the record, that she believed that Mr. Kuty is
causing undue hardship to the neighborhood both financially and mentally by
his actions and added these comments to Councilmember Kerry's.
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
Responding to Mayor Arnold, the City Attorney explained that in terms of the
prior finding by the Council, that this is a public nuisance and there is a
complaint prepared and ready to be filed regarding the front yard. The City
Attorney recommended that one complaint be filed in court combining the front
yard, rear yard, side yard and roof be taken as one action, which will be
filed approximately October 10.
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
extend the Council meeting to 12:30 a.m. The motion carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kanel and Arnold
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RELEASE OF RESERVED CABLE CHANNEL AS PER FRANCHISE AGREEMENT:
The staff report dated September 18, 1989 indicated that the CATV Commission
requested that the City Council release an unused cable channel for the
exclusive cablecasting of Black Entertainment Network.
Councilmember Kerry questioned the release of a channel for the exclusive use
of Black Entertainment Network and to consider dividing it into other uses.
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 and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney remarked that there are a few items that need to be decided
this evening, and he listed those items.
Mayor Arnold suggested continuing Consideration of Student TV Production
Grant, Consideration of a Dental Benefit Contract With Family Health Plan
(FHP), a Health Maintenance Organization and Consideration of Scheduling
Interviews of Cable Television Commission Applicants to the meeting of October
9, 1989. Councilmember Kerry suggested these items be delayed to the end of
the meeting to determine continuation and hearing no objection, the Mayor so
ordered.
CONSIDERATION OF REQUEST FOR RENEWAL OF THE LEASE FROM STRAIGHT TALK, INC.,
FOR THE PROPERTY LOCATED AT 5732 CAMP STREET: The staff report dated
September 20, 1989 indicated that Straight Talk, Inc., requested a five year
extension of the lease. Councilmember Kerry asked about the terms and
conditions of the existing agreement and suggested that this item be continued
to learn more about the agreement.
Mr. Bruce Robbins, Executive Director of Straight Talk, Inc., advised that
there are two leases.
Councilmember Age suggested continuing this item and asked if the two leases
could have the same expiration date.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
continue this item to October 10, 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 COUNCILMEMBERS: None
Hearing no objection, Mayor Arnold deferred Consideration of Resolution of
Commendation for Former Police Chief Ronald E. Lowenberg and Consideration of
Approval of Commercial Warrant List to the end of the meeting.
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CONSIDERATION OF AUTHORIZATION TO EMPLOY CONSULTANTS TO ASSIST STAFF IN
PROCESSING DEVELOPMENT PLANS FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE
PROPERTY: The Planning Director presented the staff report dated September
22, 1989, which indicated that potential development activities have been
experienced regarding the properties surrounding the Los Alamitos Race Track
and that consultants should now be hired to assist with the review and
analysis of any development proposals submitted for this property.
It was moved by Councilmember Kerry and seconded by Councilmember Age that the
City Council dispense with the formal bidding process pursuant to City Code !'>-'""1!\lf
Section 21A-8.f. for the reasons outlined in the report and authorize staff to
hire a planning and environmental consultant, traffic consultant and a
fiscal/marketing consultant to assist in reviewing and processing development
plans proposed for properties surrounding the Los Alamitos Race Track. This
authorization to proceed is conditioned to require the applicant to submit
written authorization from the property owner of record to process development
plans and to require the applicant to provide written confirmation that they
will pay for all consulting fees incurred as a part of this planning process
in up front increments. 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 A DENTAL BENEFIT CONTRACT WITH FAMILY HEALTH PLAN (FHP). A
HEALTH MAINTENANCE ORGANIZATION: The staff report dated September 18, 1989
indicated that the Health Benefits Committee and the TEAM determined
consideration be given to adding an HMO dental plan to the existing plans.
It was moved by Councilmember Kerry and seconded by Councilmember Age that the
City Council, and acting as the ex officio governing Board of Directors of the
Cypress Recreation and Park District, authorize staff to enter into an
agreement with Family Health Plan, a Health Maintenance Organization (HMO)
effective October 1, 1989, to provide City/District employees with an r."""~
additional option for dental benefit coverage at the 1989-90 plan year rates
as outlined in the report. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COlJNCILHEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Arnold recessed the meeting at 12:30 a.m. to act as the Cypress
Redevelopment Agency. The City Council meeting reconvened at 12:43 a.m. with
all Councilmembers present.
It was moved by Councilmember Bowman and seconded by Mayor Arnold to continue
the meeting for ten more minutes and hearing no objection, the Mayor so
ordered. After a brief discussion, Councilmember Bowman amended his motion to
adjourn the meeting in ten more minutes, Mayor Arnold concurred and the motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 35035 -
35287: It was moved by Councilmember Kanel and seconded by Councilmember
Kerry to approve the Warrant List for Warrant Nos. 35035 through 35287 in the _.
amount of $673,803.64. 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 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR AGRICULTURAL CHEMICALS. REQUEST FOR
QUOTATION NO. 8990-07: Six bids were received for various agricultural
chemicals.
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City Council Minutes September 25, 1989
It was moved by Councilmember Kerry and seconded by Councilmember Age to split ,
,
the award of contract for the purchase of various agricultural chemical as
follows: Puregro Company, P.O. Box 232, Riverside, CA 92502 for selective
pre-emergency herbicides and growth retardant in the amount of $8,486.31 and
Distribution Supply & Tech. for non-selective herbicides and selective
herbicides in the amount of $6,493.85, resulting in a total expenditure of
$14,980.16. 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 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) POLICE DEPARTMENT VEHICLE: The
Purchasing Officer contacted three dealerships asking for a firm bid on a unit
with the desired options. The vehicle best suited to City needs and
competitively priced was located at Maurice J. Sopp and Sons Chevrolet.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
determine that it is in the best interest of the City to dispense with formal
competitive bidding pursuant to City Code Section 21A-8f, and authorize the
purchase of one vehicle from Maurice J. Sopp and Sons Chevrolet, 5801 Pacific
Blvd., Huntington Park, CA 90255 in the amount of $16,054.23. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COIJNCILMEHBERS: 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.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
approve the Consent Calendar Items No.3 through 23. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNClLMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item #3: Motion to Approve City Council Minutes of the Regular Meeting of
September 11, 1989.
Recommendation: That the City Council approve the Minutes of September 11,
1989, as submitted.
Item #4: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #5: Consideration of Proclaiming October 8-14, 1989, as "Fire Prevention
Week."
Recommendation: That the Mayor and City Council officially proclaim October
8-14, 1989, as "Fire Prevention Week" in the City of Cypress and urge all
citizens to visit their nearest Orange County Fire Station on Saturday,
October 14, to become better acquainted with the equipment and service
provided by the firefighters.
Item #6: Consideration of Claim Filed by George J. Mankiewicz, Attorney, On
Behalf of Rebecca (Beckie) J. Perry by and Through Her Mother and Natural
Guardian, Florence Perry.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item #7: Consideration of Proclaiming October 1989, as "AIDS Awareness
Month."
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City Council Minutes September 25, 1989
Recommendation: That the Mayor and City Council officially proclaim October
1989~ as "AIDS Awareness Month" in the City of Cypress.
Item 118: Consideration of a Transfer Alcoholic Beverage License Filed by
Gerald & Rosita Bell, D.B.A. Prime Time Pizza, 6191-95 Ball Road, Cypress.
Reconwnendation: Receive and file.
Item 119: Consideration of Claim Filed by Erwin Rakutt.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item 1110: Consideration of an Original Alcoholic Beverage License Filed by
Ko-chun & Chen Li Chiao Tai, D.B.A. Howard's Restaurant, 4780 Lincoln Avenue,
Cypress.
Recommendation: Receive and file.
Item 1111: Consideration of Proclaiming October 2-6, 1989, as "Rideshare Week"
and October 5, 1989, as "Keep California Moving Day."
Recommendation: That the Mayor and City Council officially proclaim October
2-6, 1989, as "Rideshare Week" and October 5, 1989, as "Keep California Moving
Day" in the City of Cypress.
Item II 12 : Consideration of Employment Lists - Office Assistant 1/11 and
Mechanic.
Recommendation: That the City Council certify the Employment Lists for the
positions of Office Assistant 1/11 and Mechanic as submitted.
Item 1113: Consideration of Acceptance of Final Parcel Map No. 89-187, Project
8921-90, Southeast Corner of Katella and Valley View.
~1lliIIf,
Recommendation: That the City Council approve Final Parcel Map No. 89-187 and
authorize the City Clerk to sign the Record Map.
It em II 1 4 : Consideration of Urgency Ordinance to Amend the PERS Miscellaneous
Retirement Plan to Provide Section 20024.2, One-Year Final Compensation to
Certain Miscellaneous Members.
Recommendation: That the City Council: 1) Adopt the Urgency Ordinance by
title only, title as follows, and approve the first reading of the regular
Ordinance by title only, title as follows, authorizing the Amendment adding
Section 20024.2 to the City's PERS contract with certain miscellaneous
employees (2% at 60 formula); and 2) Authorize the Mayor, on behalf of the
City Council, to sign and the City Clerk to attest, the subject Amendment to
the contract between the Public Employees' Retirement System (PERS) and the
City of Cypress.
ORDINANCE NO. 825
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF CYPRESS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
ORDINANCE NO. fii"'"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
CYPRESS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
Item 1115: Consideration of a Resolution Determining that Park and Recreation
Fees May Be Used as Appropriated in the 1988-89 Budget.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, determining that the Park and Recreation fees may be used as
appropriated in the 1989-89 Budget.
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City Council Minutes September 25, 1989197
RESOLUTION NO. 3620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING THAT
PARK AND RECREATION FEES MAY BE USED AS APPROPRIATED IN THE 1989-89
BUDGET.
Item #16: Consideration of Acceptance for the Improvement of the North Side
of Katella Avenue, From Valley View Street to Holder Street, Public Works
Project No. 8609-10 (AHFP 1213).
Recommendation: That the City Council: 1) Accept the improvement of Katella
Avenue from Valley View Street to Holder Street, Public Works Project No.
8609-10, as being satisfactorily completed; 2) Authorize final payment to
Sully-Miller Contracting Company in the amount of $201,870.53; 3) Authorize
the transfer of $25,000.00 from the unreserved fund balance of Cypress
Lighting District No.2 to the Gas Tax Fund No. 22; 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 to release the Faithful
Performance Bond upon expiration of the one year guarantee, providing no
defects in material and workmanship become evident.
Item #17: Consideration of Appropriation of 1988-89 Encumbrances - City.
Recommendation: That the City Council: 1) Authorize appropriations per the
worksheet (Exhibit A of the report) totaling $2,851,649 to the funds listed
below:
General Fund 11 $1,556,898
2106 Gas Tax Fund 22 373,472
Central Services Fund 90 115,469
Sanitary Sewer Fund 41 161,999
Community Redevelopment Fund 35 582,782
Maintenance Assessment Fund 60,394
Asset Seizure Fund 28 635
2) Authorize estimated revenues for Capital Projects per the worksheet
(Exhibit B of the report) totaling $425,750 to the funds listed below:
General Fund 11 $ 380,353
2106 Gas Tax Fund 22 45,397
Item #18: Consideration of a Resolution Establishing the City's Appropriation
Limit.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, establishing the City's appropriation limit to be
$11,382,072.
RESOLUTION NO. 3621
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE
CITY.S APPROPRIATIONS LIMIT FOR THE 1989-90 FISCAL YEAR.
Item #19: Consideration of Monthly Investment Program for the Month of August
1989.
Recommendation: Receive and file.
Item #20: Consideration of Design Review Committee No. 88-4, Modification to
the Existing Case Filing - Warland Investments, Ltd. for PacifiCare Health
Systems, 6400 Gateway Drive.
Recommendation: That the City Council receive and file Modification No.1 to
Design Review Committee No. 88-4.
Item #21: Consideration of Traffic Study for Proposed Retail Site - Ball
Road, West of Valley View Street, Public Works File 8958.
Recommendation: Receive and file.
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City Council Minutes September 25, 1989
10,
Recreation & Park District Matters:
Item #22: Consideration of Appropriation of 1988-89 Encumbrances - Park
District.
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, authorize
appropriations per the worksheet for encumbrances and capital projects
totaling $455,898 to the General Fund and $21,145 to the Central Services.
Fund, and authorize estimated revenues in the amount of $375,263 to the 11'-.,,",'._
General Fund.
Item #23: Consideration of a Resolution Establishing the Cypress Recreation
and Park District"s Appropriation Limit.
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by
title only, title as follows, establishing the District"s appropriation limit
to be $1,869,245.
RESOLUTION NO. 165
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, ESTABLISHING THE
CYPRESS RECREATION AND PARK DISTRICT"S APPROPRIATIONS LIMIT FOR THE
1989-90 FISCAL YEAR.
ORDINANCES (Second Readinq) & RESOLUTIONS:
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-
II.
RESOLUTION NO. 3622 ""'''4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO ALLOW THE PLACEMENT OF A SIX FOOT (6") HIGH FENCE IN THE REQUIRED TEN
FOOT (10') STREET SIDEYARD SETBACK - VARIANCE NO. 89-11 (8891 WATSON
STREET) .
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, approving the amendment
to CUP 89-17.
RESOLUTION NO. 3623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-17 - WITH CONDITIONS (BEER &
WINE LIQUOR LICENSE AT GOURMET PIE AND PASTRY RESTAURANT, 4139 BALL
ROAD) .
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 Bowman and seconded by Councilmember Kerry to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance amending Section 13.4 "Satellite Dish Antennas."
\'
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City Council Minutes September 25, 1989
ORDINANCE NO. 826
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
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 and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance amending Section 25-18, "Lotline Adjustments."
ORDINANCE NO. 827
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 and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance adding a section relating to Alarm Systems.
ORDINANCE NO. 828
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 and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RESOLUTION OF COMMENDATION FOR FORMER POLICE CHIEF RONALD E.
LOWENBERG: It was moved by Councilmember Kanel and seconded by Councilmember
Kerry to adopt the Resolution by title only, title as follows commending
Police Chief Lowenberg for his service to the community.
RESOLUTION NO. 3624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
POLICE CHIEF RONALD E. LOWENBERG FOR HIS SERVICE TO THE COMMUNITY.
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 STUDENT TV PRODUCTION GRANT: The staff report dated
September 18, 1989 indicated that the CATV Commission voted to provide a $500
student TV production grant to encourage production of television programming
for Public Access Channel 57.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
approve the recommendation of the CATV Commission and authorize student TV
production grants of up to $500 each to be awarded quarterly in conjunction
with the Public Access Grants. The motion unanimously carried by the
following roll call vote:
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City Council Minutes September 25, 1989
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF SCHEDULING INTERVIEWS OF CABLE TELEVISION COMMISSION
APPLICANTS: It was moved by Councilmember Age 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 and Arnold
NOES: 0 COUNCILMEMBERS: None -
ABSENT: 0 COUNCILMEMBERS: Non
ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 12:50 a.m. to October 9.
1989 at 4:00 p.m. in the Administrative Conference Room, 5275 Orange Avenue,
Cypress.
ae/ k.~/
THE CITY OF CYPRESS
ATTEST:
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