Minutes 89-10-09
201
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October 9, 1989
The adjourned regular meeting of the Cypress City Council was called to order
at 4:06 p.m. in the Administrative Conference Room, Cypress City Hall, 5275
Orange Avenue, Cypress.
PRESENT: Counci1members Age, Bowman, Kane1 and Kerry
ABSENT: Councilmember Arnold
Also present were City Manager/City Clerk Darrell Essex and staff members
Beardsley, DeCarlo, Eynon, Hurst, Raheb, Thomas and Wicker.
WORKSHOP SESSION: Regarding Proposed Senior Citizen Complex
The City Council reviewed the proposed plans for either remodeling or building
a new Senior Citizen Center and construction of affordable senior housing on
the adjacent property.
MAYOR ARNOLD ARRIVED AT 4:25 P.M.
RECESS: The meeting recessed at 5:25 p.m. to reconvene at 5:40 p.m. in the
Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Hayor
Margaret Arnold presiding, with all Counci1members present and staff members
Beardsley, DeCarlo, Eynon and Wicker also present.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
Mr. Bob Southwick, District Sales Manager for ARCO, spoke against the proposed
Ordinance on truck delivery times, which will have a devastating impact on the
two ARCO franchises in Cypress. He stated that these stations must be able to
receive a gasoline delivery every day.
Mr. Pat Billings, a Terminal Manager for ARCO, addressed the trucking safety
issues and the tremendous potential for accidents, congestion on the streets
and in the stations if the Ordinance passes.
Mr. Brian Rechsteiner, representing Mobil Oil, stated that gasoline deliveries
are needed 24 hours a day. seven days a week because of the flexibility
required to deliver to a number of stations. The City of Los Angeles has
instituted a plan to remove trucks from the highways during peak hours, Mobil
is attempting to accomplish the same objective and the AQMD is instituting the
restriction in four counties.
Mr. Charlie Blank, a Terminal Manager for Mobil Oil, stressed the concern for
truck safety considerations and the Ordinance seems to be in conflict with
what other agencies are doing.
Mr. Michael Tahbaz, representing the ARCO station on Moody and Lincoln, stated
that the ban would prohibit deliveries on Sundays and Federal holidays, they
currently have daily deliveries and if the business were sold, fair market
value would not be received.
Mr. Joehi1 Tahbaz stated that he could not see the reason for the ban and he
will lose customers.
Mr. Perry Anderson, Cypress resident, voiced his concern that the adoption of
the Ordinance would leave the gas stations without product on the weekends.
Mr. Phil Wendell, President of the Cypress Chamber of Commerce, stated his
opinion about the prospective Ordinance from business and traffic management
standpoints. He asked that the Council may want to consider limiting control
to the specific problem areas.
Counci1member Kane1 suggested that this item be continued into the 7:30
portion of the meeting to discuss methods of alleviating the dilemma the oil
industry faces. Hearing no objection, Mayor Arnold so ordered.
1
202
City Council Minutes October 9, 1989
CLOSED SESSION: Mayor Arnold adjourned the meeting at 6:36 p.m. for a closed
session to discuss matters of personnel and litigation. The meeting
reconvened at 7:34 p.m. with all Councilmembers present and staff members
Beardsley, DeCarlo, Eynon, Hurst, Leonard and Wicker also present.
PLEDGE OF ALLEGIANCE: The pledge was led by Christopher Walters, Eagle Scout
of Troop #670.
PRESENTATION: Mr. Jim Gentry, President of the Buena Park-Cypress-La Palma
Board of Realtors presented to Mayor Arnold, on behalf of the City of Cypress, ~...."~p
a check in the amount of $500.00 in support of the D.A.R.E. program.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Michael Scully, 9398 Danbury Street, Cypress, commented on the tree
removal and was concerned about the reasons given for their removal.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
None were presented.
The City Manager reported that the City Council held an extensive workshop on
the proposed Senior Citizens Center building and the Senior Housing on the
property previously owned by the Cypress School District. Various
alternatives were explored on the expansion versus rebuilding of the present
Senior complex and the solicitation of bids for the senior housing project.
He also reported that comments were received from several oil companies on the
Ordinance addressing commercial zones and noise standards and truck
deliveries.
The City Attorney summarized the two items considered in the closed session,
which were the litigation matters of Hollywood Park Realty Inc. vs. Cypress
and the City of Cypress vs. Kuty.
CONSIDERATION OF AWARD OF CONTRACT FOR ON-CALL ELECTRICIAN SERVICES. PUBLIC
WORKS FILE NO. 8946: Two bids were received for on-call electrician services -
for the Maintenance Division.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to:
1) determine the lowest responsible bidder for Public Works Project No. 8946
to be Anderson and Howard Electric, Inc; and 2) award a contract for on-call
electrician services to Anderson and Howard Electric, Inc., 1792 Kaiser,
Irvine, California 92714, in an amount not to exceed $8,740.00. 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 IRRIGATION CONTROLLER UNITS, REQUEST
FOR QUOTATION #8990-08: Eight bids were received for 19 irrigation controller
units. The City Manager noted that the lowest responsible bidder is Coast
Turf & Utility Supply rather than Coast Irrigation Supply, Inc.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
accept the bid received from Coast Turf & Utility Supply, 2200 E. Orangewood
Avenue, Anaheim, CA 92806 as the lowest responsible bid and award the contract
for the purchase of irrigation controllers to this company in the amount of
$6,771.82. 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 ONE (1) POLICE BAND RADIO: The Police
Department has requested the purchase of one additional radio for installation
in the Police Chief's vehicle.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to:
1) transfer $740.00 from Account 4104-28-179-05 to Account 4799-90-656-35,
and 2) authorize the purchase of one Police band mobile radio from Mobile
Communication Service, 5400 Jillson St., Commerce, CA 90040 in the amount of
$739.77 based on Request for Quotation #8990-05. The motion unanimously
carried by the following roll call vote:
2
City Council Hinutes October 9, 1989 203
AYES: 5 COUNCILMEHBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILHEHBERS: None
ABSENT: 0 COUNCILHEHBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be constdered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the agenda.
~ Councilmember Kerry requested that Item No.8, Consideration of Communication
From the Southern California Association of Governments, Requesting the City
Council to Adopt a Resolution Regarding the 1990 Census Count be removed from
the Consent Calendar.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
approve the Consent Calendar Items No. 4 through 18, with the exception of
Item No.8. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILHEMBERS: None
ABSENT: 0 COUNCILHEHBERS: None
Item #4: Hotion to Approve City Council Hinutes of the Special Meeting of
September 21, 1989 and the Regular Meeting of September 25, 1989.
Recommendation: That the City Council approve the Minutes of September 21,
1989 and September 25, 1989, as submitted.
Item #5: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #6: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Pescado Poco, Inc., for the Former C.A. Chicken Site, 10205
Valley View Street, Cypress.
Recommendation: Receive and file.
Item #7: Consideration of Proclaiming October 15-21, 1989, as "Hunger Week".
Recommendation: That the Mayor and City Council officially proclaim October
15-21, 1989, as "Hunger Week" in the City of Cypress.
Item #9: Consideration of Proclaiming October 22-29, 1989, as "Red Ribbon
Week".
Recommendation: That the Mayor and City Council officially proclaim October
22-29, 1989, as "Red Ribbon Week" in the City of Cypress.
Item #10: Consideration of Resolutions Commending Eagle Scouts Christopher
Lewis Walters and Travis J. Rasmussen.
Recommendation: That the City Council adopt the Resolutions by title only,
titles as follows, commending Boy Scouts Christopher Lewis Walters and Travis
J. Rasmussen on attaining the rank of Eagle Scouts.
RESOLUTION NO. 3625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT CHRISTOPHER LEWIS WALTERS ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 3626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT TRAVIS J. RASMUSSEN ON ATTAINING THE RANK OF EAGLE SCOUT.
Item #11: Consideration of Proclaiming October 1989, as "Escrow Month."
Recommendation: That the Mayor and City Council officially proclaim October
1989, as "Escrow Month" in the City of Cypress as requested.
3
/.
204
City Council Hinutes October 9, 1989
Item ##12: Consideration of an Application for an Original Alcoholic Beverage
License Filed by E1 Torito Restaurants, Inc., D.B.A. El Torito, Northwest
Corner of Katella Avenue and Valley View Street.
Recommendation: That the City Council receive and file this application
cont~n,ent upon the Council.s action on the conditional use permit to be
schedued for a public hearing at a future Council meeting.
Item ##13: Consideration of Los Angeles Cellular Telephone Company V. State
Board of Equalization, et al; Chevron USA, Inc. V. California State Board of ~
Equalization, et al; Union Oil Company V. State Board of Equalization, et al;
and Shell Oil Company V. State Board of Equalization, et al.
Recommendation: Receive and file.
Item ##14: Continuation of Consideration of Request for Financial Support for
the Cypress High School's Varsity Cheerleaders.
Recommendation: Receive and file.
Item ##15: Consideration of Ordinance Requiring Posting of Alcohol Related
Birth Defects Education Signs at All Alcohol Beverage Outlets in the City.
Recommendation: That the City Council approve the first reading of the
Ordinance Amending Chapter 15 of the Cypress City Code by Adding Article IV,
"Alcoholic Beverage Warning Signs."
Item ##16: Consideration of Adoption of a Resolution Authorizing the City
Hanager to Execute an Agreement, as a Consortium, with Designated Member
Cities of the Northwest Group for Designation as an Independent Service
Delivery Area for Job Training Programs.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, authorizing the City Manager to execute an agreement, as a -
consortium, with designated member cities of the Northwest group for
designation as an Independent Service Delivery Area for job training programs.
RESOLUTION NO. 3627
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE
CITY HANAGER TO EXECUTE AN AGREEMENT, AS A CONSORTIUH, WITH DESIGNATED
MEMBER CITIES OF THE NORTHWEST GROUP FOR DESIGNATION AS AN INDEPENDENT
SERVICE DELIVERY AREA FOR JOB TRAINING PROGRAMS.
Item 1#17: Consideration of Design Review Committee No. 89-29, Second Dwelling
Unit, 5551 Vonnie Lane.
Recommendation: That the City Council receive and file Design Review
Committee No. 89-29, subject to the conditions in Exhibit "A" of the report.
Recreation & Park District Hatters:
Item ##18: Consideration of Employment List - Recreation Coordinator (Cultural
Arts), Cypress Recreation and Park District.
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, certify the Employment
List for the position of Recreation Coordinator (Cultural Arts) as submitted.
-
Regarding Consideration of Communication From the Southern California
Association of Governments, Requesting the City Council Adopt a Resolution
Regarding the 1990 Census Count, Councilmember Kerry stated that the request
asks that all persons be counted regardless of citizenship status, the
government is attempting to discourage non-citizenship and she cannot support
this item at this time.
Councilmember Kanel commented that certain areas of the United States have
many non-citizens who utilize the services of medical clinics, hospitals,
schools and these areas receive Federal money for funding of these services.
If only citizens were counted, those impacted areas would lose many per capita
dollars. He urged a Resolution be considered that would change this law
because there is a great deal of money that would be lost to the County of
Orange.
4
/
City Council Minutes October 9, 1989 205
After some discussion, the City Manager explained that the Congress is
considering limiting the census count to citizens only for this census which
could cost this area millions of dollars in lost revenues and have a negative
fiscal impact on states with large undocumented populations.
Councilmember Bowman stated that if the people are here, they should be
counted because they are all utilizing services.
It was moved by Councilmember Kanel and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, supporting the concept of
~ counting everyone in the 1990 Federal Census without regard to citizenship
status.
RESOLUTION NO. 3628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE
CONCEPT OF COUNTING EVERYONE IN THE 1990 FEDERAL CENSUS WITHOUT REGARD
TO CITIZENSHIP STATUS.
The motion carried by the following roll call vote:
AYE: 4 COUNCILMEMBERS: Age, Bowman, Kanel and Arnold
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second ReadinQ) & RESOLUTIONS:
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance authorizing an amendment to the contract between the City
and PERS.
ORDINANCE NO. 829
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.
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 Age and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, approving CUP 89-19.
RESOLUTION NO. 3629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 89-19 - WITH CONDITIONS (RECREATIONAL VEHICLE
STORAGE YARD, REAR PARKING LOT OF THE PROPERTY LOCATED AT 5171-83
LINCOLN AVENUE).
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
adopt the Resolution by title only, title as follows, granting Variance No.
89-16.
RESOLUTION NO. 3630
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 OPERATION OF A RECREATIONAL VEHICLE STORAGE YARD -
VARIANCE NO. 89-16 (5171-83 LINCOLN AVENUE).
5
! 206city Council Hinutes
October 9, 1989
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILHEHBERS: None
ABSENT: 0 COUNCILHEHBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving CUP 89-20.
RESOLUTION NO. 3631
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERHIT NO. 89~20 - WITH CONDITIONS (12 UNIT
CONDOHINIUHS, INCLUDING ONE DENSITY BONUS UNIT, 4762 AND 4782 CRESCENT
AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEHBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILHEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, granting Variance No.
89-14.
RESOLUTION NO. 3632
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 THREE GUEST PARKING SPACES TO ENCROACH INTO THE FRONT
LANDSCAPED SETBACK AREA - VARIANCE NO. 89-14 912 UNIT CONDOHINIUMS,
INCLUDING ONE DENSITY BONUS UNIT, 4762 AND 4782 CRESCENT AVENUE).
-
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILHEHBERS: None
ABSENT: 0 COUNCILHEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, approving Tract Map No. 14128.
RESOLUTION NO. 3633
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE TRACT HAP NO. 14128 - WITH CONDITIONS (12 UNIT CONDOMINIUMS,
INCLUDING ONE DENSITY BONUS UNIT, 4762 AND 4782 CRESCENT AVENUE).
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 Age to adopt
the Resolution by title only, title as follows, approving CUP No. 89-21.
RESOLUTION NO. 3634 po;""""",
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 89-21 - WITH CONDITIONS (OUTDOOR STORAGE
CONTAINERS, MERVYN'S DEPARTHENT STORE, 10201 VALLEY VIEW).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kanel, Kerry and Arnold
NOES: 1 COUNCILMEMBERS: Bowman
ABSENT: 0 COUNCILHEHBERS: None
6
207
City Council Hinutes October 9, 1989
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving CUP 89-22.
RESOLUTION NO. 3635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERHIT NO. 89-22 - WITH CONDITIONS (DUPLEX, 6152 ORANGE
AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILHEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILHEMBERS: None
ABSENT: 0 COUNCILHEMBERS: None
Regarding the Ordinance relative to Commercial Zones and Noise Standards,
there had been prior testimony from various representatives of the oil
companies and Hayor Arnold now opened Council discussion.
Councilmember Age stated that she agreed with the Ordinance in that something
has to be done to alleviate the noise problems for residences abutting
commercial/retail centers. She advised of her willingness to amend the
proposed Ordinance to allow truck deliveries seven days a week, but the hours
to remain as proposed.
Councilmember Kanel advised that the oil companies appear to be the only
industry affected by the proposed Ordinance and he suggested that the second
reading not be conducted this evening but returned to staff to revise the
language to accommodate the problem of gasoline truck deliveries.
Councilmember Bowman stated he understood that the oil company delivery
problems appear to be Federal holidays and Sundays.
Councilmember Kerry advised that she was not in favor of returning this item
to staff, agreed that the overnight deliveries are the problem and didn.t
believe the intent was to limit the number of days deliveries are allowed.
She stated she would consider prohibiting deliveries during the hours of 10:00
p.m. to 8:00 a.m. on Sundays and Federal holidays.
Mayor Arnold commented that several of the oil organizations had spoken of
changing the prohibited delivery hours from 10:00 p.m. to 12:00 midnight and
asked if these hours would still present a major restriction on gasoline
deliveries.
Councilmember Kerry suggested that conditional use permit language be added in
the amendment for that purpose.
The City Attorney advised that the three items addressed in the Ordinance are
parking, deliveries and noise violations. He recommended leaving the parking
restrictions and noise aspects of the Ordinance in place.
Councilman Bowman requested that the delivery prohibition hours for Sundays
and Federal holidays be changed to 10:00 p.m. to 9:00 a.m.
The City Manager advised that the Ordinance would be considered a first
reading tonight, as amended, with the second reading at the next meeting, as
amended.
The City Attorney provided revised language for Section II., Section 10.7, D
of the Ordinance, which stated, "Deliveries to any site within a commercial
zone shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. daily
and deliveries shall be prohibited on Sundays and Federal holidays from 10:00
p.m. to 9:00 a.m. unless a Conditional Use Permit authorizing such use has
been granted for that site."
It was moved by Councilmember Kerry and seconded by Councilmember Age to
approve the first reading of the amended Ordinance by title only, title as
follows, relative to Commercial Zones and Noise Standards.
7
I
203
City Council Minutes October 9, 1989
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
19.7 OF APPENDIX 1, "ZONING" OF THE CODE OF THE CITY OF CYPRESS,
RELATIVE TO COMMERCIAL ZONES AND NOISE STANDARDS THEREOF.
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
CONTINUATION OF REPORT OF DUCKS AT WILLOW PARK: The Public Works Director
presented the staff report dated October 2, 1989, which indicated that the
proposed policy had been expanded to address acceptable methods in handling
most wildlife that could be found within the City.
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the "Policy on Migratory Birds and Other Non-Domestic Birds, Mammals and
Reptiles." 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
CONTINUATION OF CONSIDERATION OF REQUEST FOR RENEWAL OF LEASE FROM STRAIGHT
TALK. INC.. FOR THE PROPERTY LOCATED AT 5732 CAMP STREET: The City Manager
summarized the staff report dated October 4, 1989, which indicated this item
was continued in order to determine the status of the lease and sublease on
this site.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
extend the lease for the property located at 5732 Camp Street, which expired
on July 31, 1989, to December 10, 1991, to coincide with the lease and
sublease for the property and building at 5712 Camp 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
CONTINUATION OF CONSIDERATION OF RELEASE OF RESERVED CABLE CHANNEL AS PER
FRANCHISE AGREEMENT: The City Manager presented the staff report dated
October 3, 1989 which indicated that the new General Manager of Copley/Colony
would be in attendance to respond to Councilmember Kerry's concern regarding
the sharing of a reserved channel and to answer questions of the Council.
Mr. Pete Eliason, General Manager of Copley/Colony in Cypress, introduced
himself to the Council and also introduced the Regional Manager, Mr. James
Pecho.
Councilmember Kerry advised that she hesitated devoting an entire channel to
one particular background and asked if it could be used for other things. Mr.
Pecho responded that it was possible to split the channel but all programming
is expensive, there is limited channel space and they try to bring programs
that appeal to the largest number of people. He mentioned that they are
looking at a way to create new channels and should that happen, possibly BET
could be added but right now there is no space.
Responding to Councilmember Kanel, the City Manager answered that the City has ~~
a number of channels reserved for public access and there is a request from
Copley/Colony for some of the public channels to be reallocated. He advised
this item was requested by the Commission who wanted a channel allocation for
BET.
Responding to Councilmember Kanel, Mr. Pecho stated that if some of the City's
channels could be reallocated to Copley/Colony, BET could be one of the
programs they would add.
Councilmember Kerry requested that this item be continued to give staff some
time to meet with Copley/Colony.
8
City Council Minutes 209
October 9, 1989
Mr. Richard Adams, Chairman of the CATV Commission, stated that the Commission
recommended the addition of BET to acknowledge the ethnic diversity of the
community and would encourage this coverage by making available a reserve City
channel.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to November 13, 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
Councilmember Age mentioned the letter from Copley/Colony which indicated
there would be a rate increase of $2.00 per month and asked when previous
increases had taken place. She advised the Copley/Colony representatives that
she had several complaints and the service level does not warrant an increase.
After some discussion on publicizing an article on Copley/Colony's programming
and rate structure, Mr. Pecho reminded the audience that this is only the
second rate increase during the five years Copley/Colony has been in Cypress.
CONTINUATION OF CONSIDERATION OF REQUEST FOR PROPOSAL OF PROFESSIONAL DESIGN
AND DEVELOPMENT SERVICES FOR THE PROPOSED MULTIPURPOSE SENIOR CITIZEN COMPLEX
(WORKSHOP ITEM): The Recreation and Park Director summarized the staff report
dated August 25, 1989, which indicated that they are seeking a consultant that
will work with the Community and the various Commissions to develop a
conceptual plan for the Senior Citizens Center and to develop cost estimates,
floor plans and construction drawings.
It was moved by Councilmember Age and seconded by Councilmember Kanel that the
City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District, direct staff to send out the attached
concept for a Request for Proposal to provide professional design and
development services for the proposed Multipurpose Senior Citizens Complex.
Councilmember Kerry requested costs on both the expansion of the existing
facility and demolishing and rebuilding a facility. Councilmember Age agreed
to include the request in her motion and Councilmember Kanel concurred.
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
Regarding Consideration of Affordable Senior Rental Housing Request for
Qualifications, the City Manager stated that there had been some changes in
the recommendation and the Planning Director advised that the changes are that
the Request for Proposal will be prepared by staff with the assistance of a
GRC representative. In addition, staff would be requesting authorization to
contact an agency architect to assist in evaluating the request for
qualifications.
Councilmember Kerry stated that many people are not aware of the discussions
held in the Workshop Session and asked that the item be continued to the next
meeting so staff can submit an updated report.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to October 30 to provide an opportunity for the Senior
Citizens Commission to hear the revised proposal. 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 Manager summarized the discussions: Council has authorized staff to
seek an architect for the ~xpansion of the Senior Center with the
understanding costs for a new facility versus a remodeled facility be
reviewed; and this item will be continued so the workshop information can be
presented to the Senior Citizens Commission and staff to report back to
Council on October 30.
9
210
City Council Minutes October 9, 1989
CONTINUATION OF CONSIDERATION OF SCHEDULING INTERVIEWS OF CABLE TELEVISION
COMMISSION APPLICANTS: The City Manager stated this item represented a
request to schedule a date and time for conducting an interview session for a
new Cable Commissioner.
After some discussion on meeting times, it was moved by Councilmember Kerry
and seconded by Mayor Arnold to continue this issue to November 13. 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
CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY'S PLANNING
COMMISSION: The City Manager explained that this item was tabled some time
ago when some major issues were under discussion. He further explained that
it was felt that the Planning Commission issue could be best discussed at a
later time pending the resolution of those issues. Councilmember Bowman has
requested that the item be removed from the table and the Chamber of Commerce
has recommended consideration of a Planning Commission as a part of a their
study of a Sign Ordinance.
Councilmember Bowman stated that he would request a recommendation from the
City Council to establish a Planning Commission, which would be of benefit to
both the developers of the property, the property owners and the community and
outlined the reasons for his recommendation.
Councilmember Kanel provided some history on this item and expressed his
support of the request.
Mayor Arnold commented that she has spoken with several developers and they
had expressed a desire for a Planning Commission because of the appeals
aspect. She stated she is basically in favor of a Planning Commission and
concurred with the reasons outlined by Councilmember Bowman.
~,
Councilmember Age mentioned that there was discussion on the length of time
the process took with a Planning Commission involved costs of a Commission and
on that basis, it would not be worth reestablishing the Commission.
Councilmember Kanel stated there is a cost involved, the Planning Commission
is the second most important body in the community and he supports it.
Councilmember Age stated that the last time this item was discussed, she was
opposed to it based on the cost and felt that Cypress could use that money in
other ways and for that reason she will continue to oppose this item.
Councilmember Kerry stated her opposition to the reestablishment of a Planning
Commission because it could cause delays and problems with the proposed race
track and golf course property owner, she did not believe this was the proper
time to discuss this item and suggested this item be continued for four
months. She also would not support a Planning Commission until it was clear
exactly how the members were to be appointed.
After some discussion, the City Manager advised that with all the new State
laws, it will require a longer period of time to complete the process with a
Commission.
Responding to questions from the Council, the City Attorney explained that if
there was a transition period, the City Councilor the Planning Commission .,,'''''~.
could be involved in various planning developments.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
continue this item to October 30 for additional discussion and consideration
before actual removal from the table for any possible implementation. The
motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Arnold
NOES: 1 COUNCILMEMBERS: Age
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ABATEMENT OF PUBLIC NUISANCE ON CYPRESS REDEVELOPMENT AGENCY
PROPERTY IN THE AREA OF WICKER DRIVE. PUBLIC WORKS PROJECT NO. 8966: The City
10
ZH
City Council Minutes October 9, 1989
Attorney reported that the Cypress Redevelopment Agency is not appealing the
Public Works Director's finding that this property is a public nuisance and it
is before the Council.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, declaring that the
properties designated therein constitute a public nuisance and ordering the
abatement of said nuisance.
. RESOLUTION NO. 3636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT
CERTAIN STRUCTURES ON PROPERTIES OWNED BY THE CYPRESS REDEVELOPMENT
AGENCY, IN THE AREA OF WICKER DRIVE, CONSTITUTE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF.
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 THE CITY COUNCIL OF THE CITY OF CYPRESS
DESIGNATING A REDEVELOPMENT SURVEY AREA ALONG LINCOLN AVENUE AND THE LOS
ALAMITOS RACE TRACK AND GOLF COURSE PROPERTIES: The City Manager presented
the staff report dated October 2, 1989 which requested adoption of the
Resolution designating two areas for study purposes. The Planning Director
presented a revised survey area that includes the properties north of the
Cypress Elementary School site on Lincoln Avenue.
Responding to Council question, the Planning Director advised there was the
opportunity for a workshop if the Council so desired to discuss redevelopment
and the level of citizen participation.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, designating the
boundaries of two redevelopment survey areas for study purposes including the
property north of the Cypress Elementary school. The motion unanimously
carried by the following roll call vote:
RESOLUTION NO. 3637
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING TWO
REDEVELOPMENT SURVEY AREAS FOR STUDY PURPOSES.
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF A RESOLUTION PERTAINING TO EMPLOYEE RELATIONS BETWEEN THE
CITY OF CYPRESS AND ITS EMPLOYEES: The City Manager summarized the staff
report dated October 4, 1989, which indicated that he had received a formal
petition for recognition from all employees in the middle management group.
He also suggested that to be consistent, paragraph 7, under Section 4,
Employee Group for Recognition, should be deleted as it is no longer
applicable.
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, amending Resolution 970,
recognizing a separate employee group which would include all employees
outlined in the report and similar classifications and positions as may be
adopted or changed in the future.
RESOLUTION NO. 3638
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS
THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING
RESOLUTION NO. 970 PERTAINING TO RELATIONS AND COMMUNICATIONS BETWEEN
THE CITY OF CYPRESS AND ITS EMPLOYEES.
The motion unanimously carried by the following roll call vote:
11
Z/2
City Council Minutes Oc tober 9, 1989
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ASSIGNMENT OF DEVELOPMENT AGREEMENT NO. 88-2 AND
ACKNOWLEDGMENT OF HYPOTHECATION AND ESTOPPEL AGREEMENT RE: CYPRESS HOMES.
INC.: The City Attorney stated that Cypress Homes was in the process of
applying for a $52 million loan from Security Pacific National Bank and a $37
million from Union Bank and those banks have asked the City to acknowledge
that an assignment exists in the development agreement and to give notice to
the banks. The City is not increasing liability or obligations, merely adding
I- :~, parties.
.
After some discussion, the City Attorney advised that this agreement does not
reduce the City's position in any way, it requires additional notice, some
additional delay, but in every other way it adds two parties to the agreement
and mentioned that some revisions to the language have been made.
Mayor Arnold expressed her support of the assignment.
Councilmember Age asked if she should abstain because she is an employee of
Security Pacific National Bank and a stockholder. The City Attorney advised
that as an employee there would not be a conflict of interest, stock ownership
needs to be 3% or more and does not see this agreement as presenting a
conflict of interest to her.
Councilmember Kanel expressed his support of the item but because
Councilmember Age was a stockholder, an employee and a member of management in
the bank and the Council is considering agreeing to something of benefit to
that bank, he believed she should abstain. He stated that the City Attorney
is giving different advice but he wanted it on the record that he had brought
this matter up. He further stated it would be prudent to adhere to the
caution and abstain when there is such a huge amount of money involved and
such a direct relationship.
Councilmember Age stated that she is a member of management of Security
Pacific National Bank, the agreement will go directly to that bank and for
that reason alone, she will abstain on this item. ,.,.,..-,.
It was moved by Councilmember Bowman and Councilmember Kerry to approve the
assignment of the Development Agreement to Security Pacific National Bank and
Union Bank. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
Councilmember Kanel stated, for the record, that in order to abstain
correctly, the Councilmember has to have been excused by the City Attorney or
by the Council. The City Attorney recommended that Councilmember Age abstain.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 35288 -
35526: It was moved by Councilmember Kerry and seconded by Councilmember
Bowman to approve the Warrant List for Warrant Nos. 35288 through 35526 in the
amount of $777,024.89. 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 10:13 p.m. to act as the Cypress
Redevelopment Agency. The City Council meeting reconvened at 10:15 p.m. with
all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Bowman reported that he had been approached by several citizens
asking why there is only one left turn lane going east on Cerritos Avenue at
Valley View when there is room for two and it is striped off. The Public
Works Director will review this situation.
Councilmember Age requested the Sign Ordinance review be placed on the October
30 Agenda.
12
213
City Council Minutes October 9, 1989
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Arnold adjourned the meeting at 10:20 p.m. to October 16,
1989 at 5:30 p.m. in the Administrative Conference Room, 5275 Orange Avenue,
Cypress.
OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
13