Minutes 90-02-12
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MINUTES. OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
February 12, 1990
The Regular Meeting of the Cypress City Council was called to order at 5:36
p.m. in the City Council Chamber, 5275 Orange Avenue, Cypress, by Mayor Pro
Tem John Kanel.
PRESENT: Councilmembers Arnold, Bowman, Kerry and Kanel
ABSENT: Mayor Age
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, DeCarlo and Leonard.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF RENEWAL OF CONTRACT FOR A THREE l3) YEAR PERIOD FOR
CITY/DISTRICT AUDIT SERVICES: The City Manager presented the staff report
dated February 2, 1990, which requested renewal of the contract for a three
year period with the auditing firm of Moreland and Associates, Inc.
After some discussion, The City Manager suggested that if there is any
question at all from the Council that the auditor be asked to attend a meeting
in order to respond to those questions,
Councilmember Arnold stated she would like more information about the present
auditors, was uncomfortable with the information contained in the staff report
and would vote against it.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry that
the City Council, acting as the ex officio governing Board of Directors for
the Cypress Recreation and Park District and acting as the Redevelopment
Agency, accept the proposal of Moreland and Associates, Inc., 610 Newport
Center Drive, Suite 610, Newport Beach, CA 92660 and renew the contract for a
three (3) year period, with a sixty (60) day written cancellation notice, for
audit services as outlined. The motion carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Kanel
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 1 COUNCILMEMBERS: Age
Mayor Pro Tem Kanel requested the City Manager obtain from Moreland and
Associates the experience levels of the members of their staff performing the
City audit.
CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL DESIGN .AND DEVELOPMENT
SERVICES FOR THE PROPOSED MULTIPURPOSE SENIOR CITIZEN COMPLEX: The City
Manager commented that this had been a TEAM effort and called upon the
Director of Recreation and Park to present the staff report dated February 1,
1990. Five professional design services submitted proposals 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.
Responding to Councilmember Bowman, the City Manager explained the process and
that a bid for services performed does not have to be the low bid.
The Recreation and Park Director reported that members of the Senior Citizens
Commission had visited several sites throughout the area and had expressed a
desire for a structure that was somewhat unique.
Mr. Frank Sata, Architect, The Sata Collaborates, 99 S. Raymond Avenue,
Pasadena, CA, responded to questions from the Council and committed to staff
to work closely with members of the Community. His service is based upon
evaluating the needs of a community and explained the evaluation process and
his philosophy. The representative from Warnecke Associates, Elizabeth
Leibowitz, was also present.
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City Council Minutes February 12, 1990
After a question and answer period, Mr. George Unan, Chairman of the Senior
Citizens Commission, stated he did agree with the concept of a unique Senior
Center, the seniors are very enthusiastic and there are more seniors
participating in programs every day.
It was moved by.Councilmember Arnold and seconded by Councilmember Kerry that
the City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District, award the contract to provide
professional design and development services for the proposed Multipurpose
Senior Citizens Complex to The Sata Collaborates/Warnecke and Associates, 99
South Raymond Avenue, Pasadena, CA 91105, at a cost of 1202,000. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
RECESS: Mayor Pro Tem Kanel recessed the meeting at 6:28 p.m, and reconvened
at 6;30 p.m. with all Councilmembers present except Mayor Age.
Discussion Reoardina Moody Street Improvements: The City Manager stated that
he believed a compromise had been reached, recognizing that Council had agreed
to leave Moody as an arterial which meets the criteria of the Arterial Highway
Program.
The Public Works Director explained the map proposing the new street plan,
which would be 84 feet curb-to-curb, a primary arterial street width. He
recommended that any change in the proposal be contingent upon the County of
Orange's approval.
After some discussion, Ms. Molly Wittenberg, representing Cypress Homes,
stated that the developer did not have an objection either way, all plans have
been in conformance with the original Specific Plan and they would like to
start work on Moody Street as soon as possible.
Responding to Mayor Pro Tem Kanel, the City Manager advised that a motion be
made to reconsider this item and then redirection be given to staff from the ~
Council.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
reconsider the Moody Street improvements. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve the proposed change to Moody Street of 76 foot street width curb-to-
curb with a 25 foot parkway on the west side, bike lanes on the east and west
sides and contingent upon approval from the County of Orange. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CLOSED SESSION: Mayor Pro Tem Kanel recessed the meeting at 6:45 p.m. to
enter into a closed session for matters of personnel and litigation. The
meeting reconvened at 7:44 p.m. with all Councilmembers present except Mayor
Age.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Arnold.
PRESENTATIONS:
Mayor Pro Tem Kanel presented a Certificate of Appointment as an alternate to
the Senior Citizens Commission to Helen Longaker.
Mr. Lawrence D. Hurst, former Finance Director of the City of Cypress, was
presented with a Resolution of Commendation and a Community Service Plaque by
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Mayor Pro Tem Kanel. Mr. Hurst thanked the Councilmembers and staff for their
support and individually thanked the members of the Finance Department staff
for their efforts..
' Ms. Elaine Schneider, resident of Cypress and a member of Cypress. Community
Safety Coordinating Council (CCSCC) provided the Council with an overview of
the activities,_duties and responsibilities of the Coordinating Council and
introduced a new group program entitled Neighborhoods in Action. The group
teaches parents how to raise drug-free children-and there will be a meeting at
Cawthon Elementary School, Thursday, February 22 at 7:00 p.m. . .
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Jane Wozniak, 4480 Avenida Granada, asked what the working hours were on
the Cypress Homes site because there has been work performed late at night and
very early in the morning.
Mr. Bill Wren, representing Cypress Homes, Inc., stated that the work schedule
is to comply with the City"s requirements.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished to speak.
The City Manager reviewed the actions taken by the City Council during the
5:30 portion of the Agenda.
Mayor Pro Tem Kanel asked the City Attorney to review the matters discussed in
Closed Session and also report on his and Mayor Age's trip to Sacramento in
regard to the Malathion spraying.
The City Attorney reviewed the items discussed in closed session which were
settlement of several railroad cases, the termination of the Cypress Partners
litigation and receipt of information on Police negotiations.
He reported that he and Mayor Age attended the meeting in Sacramento which was
held in an attempt to find a better way to address the Medfly problem other
than aerial urban spraying and the County delegation met with those involved
in the process in an attempt to improve that process.
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.
The City Manager asked that Item #5 be removed from the Consent Calendar
because the background information was not received in order to prepare the
Resolutions. Councilmember Kerry requested Item #21 be removed and Mayor Pro
Tem Kanel removed the Minutes of January 22, 1990 for clarification.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve the Consent Calendar Items No. 3 through 26 with the exception of
Items No. 3, 5 and 21. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
Item #4: Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and to Waive Further Reading.
Item #6: Consideration of Contract Change Order No. 1 for Public Works
Project No. 8945 - Flashing Beacon at the Intersection of Denni/Newman.
Recommendation: Receive and file.
Item #7: Consideration of an Application of a Transfer Alcoholic Beverage
License Filed by Stephen Dhinna, O.B.A. Steve's Super Italian Restaurant, 4455
Cerritos Avenue, Cypress.
Recommendation: Receive and file.
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City Council Minutes February 12, 1990
Item #8: Consideration of Proclaiming March 1990, as "Women"s History Month."
Recommendation: That the Mayor and City Council officially proclaim March
1990, as "Women"s History Month" in the City of~Cypress as requested..
Item #9: Consideration of Renewal of Contract Between the City and Orange
County for Prosecution Services.
Recommendation: That the City Council approve the Agreement with the County
of Orange for prosecution services for an indefinite period of time,.
commencing on February 1, 1990, and authorize the Mayor to sign and the City
Clerk to attest the Agreement, upon approval as to form by the City Attorney.
Item #10: Consideration of City Manager"s Attendance at the Western
Governmental Research Association"s (WGRA) 1990 Annual Conference on March 25-
27, 1990, in Oakland, CA.
Recommendation: That the City Council authorize the attendance of the City
Manager to attend the Western Governmental Research Association"s 1990 annual
conference on March 25-27, 1990, in Oakland, CA, and be reimbursed for all
actual and necessary expenses incurred.
Item #11: Consideration of Resolution Commending Mr. Philip J. Wendel on
Being Selected as the 1990 Cypress College Americana Award Recipient from
Cypress.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Mr. Philip J. Wendel on being selected as the
1990 Cypress College Americana Award recipient from Cypress..
RESOLUTION N0. 3689
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR.
PHILIP J. WENDEL ON BEING SELECTED AS THE 1990 CYPRESS COLLEGE AMERICANA
AWARD RECIPIENT FROM CYPRESS.
Item #12: Consideration of Employment List - Personnel Analyst.
Recommendation: That the City Council certify the Employment List for the
position of Personnel Analyst as submitted.
Item #13: Consideration of Professional Photographic Services Contract
Renewal.
Recommendation: That the City Council authorize staff to renew its contract
with Edward R. Spurgeon of Cypress Photo Art, 6177 Ball Road, Cypress, CA
90630, for annual professional photographic services for the period of March
1, 1990 through February 28, 1991, as outlined in the report.
Item #14: Consideration of Reimbursement Request for Street Rehabilitation
Projects Under Orange County Unified Transportation Trust (OCUTT) Fund
Program, City of Cypress Project Nos. 8855 and 8858.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, requesting payment of the OCUTT participation in the Fiscal
Year 1988-89 street rehabilitation projects granted under the Orange County
Unified Transportation Trust (OCUTT) Fund Program, in the amount of
1159,700.04 as outlined in the report.
RESOLUTION N0. 3690
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE
ORANGE COUNTY TRANSPORTATION COMMISSION TO TRANSMIT THE ORANGE COUNTY
UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR VALLEY VIEW STREET
BETWEEN LINCOLN AVENUE AND ORANGE AVENUE, AND VALLEY VIEW STREET BETWEEN
ORANGE AVENUE AND BALL ROAD.
Item #15: Consideration of Acceptance for the Renovation of the City Hall
Print Shop and Reception Area, Public Works Project No. 8833.
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Recommendation: That the City Council: 1) Accept the Renovation of the City
Hall Print Shop and reception Area, Public Works Project. No. 8833, as being
satisfactorily completed; and 2) 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 #16: Consideration of Renewal of Contract for Car Wash Service.
Recommendation: That the City Council authorize the renewal of the car wash
service contract with Cypress Car Wash, 9971 Valley View Street, Cypress, CA
90630, for the period of February 1, 1990 through January 31, 1991, per their
proposal dated January 24, 1990.
Item #17: Consideration of Acceptance for the Construction of a Chain Link
Fence on the North Side of the Stanton Storm Channel, Public Works Project No.
8901.
Recommendation: That the City Council: 1) Accept the construction of a chain
link fence on the north side of Stanton Channel, Public Works Project No.
8901, as being satisfactorily completed; 2) Approve the final contract price
of 529,485.50; 3) 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 or workmanship become
evident.
Item #18: Consideration of Recommendations of Traffic Commission Meeting of
January 16, 1990.
Recommendation: That the City Council approve the recommendation of the
Traffic Commission and adopt the Resolution by title only, title as follows,
approving the installation of a "No Parking Anytime" area in front of 4371-
4461 Cerritos Avenue.
RESOLUTION N0. 3691
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING ANYTIME" AREAS IN FRONT OF 4371-4461 CERRITOS AVENUE.
Item #19: Consideration of a Countywide Integrated Waste Management Task
Force.
Recommendation: That. the City Council ratify the designation of the County
Waste Management Commission as the countywide task force to comply with AB 939
and direct the City Clerk to convey the Council's action to the President of
the Orange County Division of the League of California Cities and to the
Chairman of the Orange County Board of Supervisors.
Item #20: Consideration of Design Review Committee No. 90-3, Monument Signs,
Wall Signs and Directional Signs for Campus View Center, Rally"s Drive-thru
and MasterLube, Valley View Street and Lincoln Avenue.
Recommendation: That the City Council receive and file Design Review
Committee No. 90-3, subject to the conditions of approval in Exhibit "A"
attached to the report dated February 1, 1990.
Item #22: Consideration of Resolution Relating to the Orange County-City _
Hazardous Material Emergency Response Authority.
RecortKnendation: That the City Council adopt the Resolution by title only,
title as follows, assigning to the Orange County-City Hazardous Material
Emergency Response Authority all interests in the collection of costs incurred
by the Authority from persons or entities responsible for the hazardous
material emergency response services.
RESOLUTION N0. 3692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ASSIGNING TO THE
ORANGE COUNTY-CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY ALL
INTERESTS IN THE COLLECTION OF COSTS INCURRED BY THE AUTHORITY FROM
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PERSONS OR ENTITIES RESPONSIBLE FOR THE HAZARDOUS MATERIAL EMERGENCY
RESPONSE SERVICES.
Item #23: Consideration of FDIC Regulations Limiting Deferred Compensation
Insurance.
Recommendation:~ That the City Council authorize staff to prepare
correspondence for the Mayor's signature opposing the proposed FDIC
regulations (12.C.F.R. 330.12(e)) which would limit the amount of insurance
available to the employer for all deferred compensation plans to 5100,000.
Item X24: Consideration of Auditor"s Management Letter.
Recommendation: Receive .and file.
Item X25: Consideration of the Comprehensive Annual Financial Report for the
Fiscal Year Ended June 30, 1989.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item #26: Consideration of the Audit Report of the Cypress Recreation and
Park District for the Period Ended June 30, 1989.
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, receive and file this
report.
Regarding the Minutes of January 22, 1990, Mayor Pro Tem Kanel requested that
the motion to adopt the Resolution on Malathion spraying be prefaced with the
fact that the Resolution was similar to the one adopted by the City of Brea.
Hearing no objections, the request was granted.
In regard to Consideration of Request from the City of Los Alamitos to Support
Their Application for the Installation for a Traffic Signal on Cerritos
Avenue, Councilmember Kerry asked that the request state that a number of
Cypress residents attend the Los Alamitos High School. The City Manager will
incorporate Councilmember Kerry's suggestion in the letter to the Orange
County Transportation Commission supporting the application.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
authorize the Mayor to send a letter of support to the Orange County
Transportation Commission. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
END OF CONSENT CALENDAR
ORDINANCES (Second Reading) $ RESOLUTIONS:
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 "Lotline Adjustments" of the Cypress City Code.
ORDINANCE NO. 841
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: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance adding "Building and Construction Materials Storage"
within the definition of a nuisance.
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City Council Minutes February 12, 1990
ORDINANCE N0. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENACTING ARTICLE
VII, "BUILDING AND CONSTRUCTION MATERIALS STORAGE" TO CHAPTER 5,
SECTIONS 5-30 AND 5-31 OF THE CODE OF THE CITY OF CYPRESS AND AMENDING
SECTION 13-14 TO INCLUDE BUILDING ANO CONSTRUCTION MATERIALS STORAGE
WITHIN THE DEFINITION OF A NUISANCE.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving CUP 89-32.
RESOLUTION N0. 3693
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 89-32 - WITH CONDITIONS (142 UNIT HOMEWOOD
SUITE EXTENDED STAY HOTEL, SOUTHEAST CORNER OF CERRITOS AVENUE AND
CAMDEN DRIVE).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, to approve CUP 89-33.
RESOLUTION N0. 3694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 89-33 - WITN CONDITIONS (FOUR UNIT APARTMENT
COMPLEX, 8705 LA SALLE STREET).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO 89-34 24-HOUR/7-DAY GASOLINE DELIVERIES, 5972 LINCOLN AVENUE: Mayor Pro
Tem Kanel opened the public hearing. The City Manager called upon the
Planning Director, Chris Eynon to present the staff report dated January 12,
1990, which represented a request to allow gasoline deliveries 24 hours a day,
seven (7) days a week at the Mobil service station located at 5972 Lincoln
Avenue. In accordance with the California Environmental Quality Act, a Class
1 Categorical Exemption 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.
Mr. Brian E. Rechsteiner, Territory Manager for Mobil Oil, 3800 West Alameda
Ave., Ste. 700, Burbank, stated that he concurred with staff's recommendations
and would appreciate Council's approval of the permit.
Mayor Pro Tem Kanel asked if anyone else wished to speak in support of or
opposition to the application. No one did so.
It was moved by Councilmember Kerry and seconded by Councilmember. Bowman to
close the public hearing, receive and file the Class 3 Categorical Exemption
in accordance with the requirements of the Environmental Quality Act and
approve Conditional Use Permit No. 89-34, subject to a Condition of Approval.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
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City Council Minutes February 12, 1990 3 ~ 3
CONSIDERATION OF PUBLIC HEARING RE:- CONDITIONAL USE PERMIT N0. 89-35 24-
HOUR/7-DAY GASOLINE DELIVERIES. 6011 BALL ROAD: The hearing was opened by
Mayor Pro Tem Kanel. The Planning Director presented the staff report dated
January 12, 1990 representing an application to allow gasoline deliveries 24
hours a day, seven (7) days of the week at the Mobil service station located
at 6011 Ball Road. In accordance with the California Environmental Quality
Act, a Class 1 Categorical Exemption 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.'
Mr. Rechsteiner again voiced his concurrence with staff"s recommendations and
requested Council"s approval of the permit.
No one else wished to speak in support of or in opposition to the application.
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
close the public hearing, receive and file the Class 3 Categorical Exemption
in accordance with the requirements of the Environmental Quality Act and
approve Conditional Use Permit No. 89-35, subject to the Condition of
Approval. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ORDINANCE ESTABLISHING
THE PROCEDURES FOR ENACTMENT OF COVENANTS OF EASEMENTS FOR PARKING INGRESS
EGRESSL EMERGENCY ACCESS. LIGHT AND AIR ACCESS. LANDSCAPING. OR OPEN-SPACE
PURPOSES. AMENDMENT TO THE ZONING ORDINANCE N0. 90-1: The City Manager asked
the City Attorney to present the staff report dated January 9, 1990, which
explained that Government Code Section 65870 et s~ce was specifically designed
to authorize certain types of easements when required for proper planning
purposes when the project before the City Council is not a subdivision. In
accordance with the California Environmental Quality Act, a negative
declaration was filed for this Ordinance.
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,
establishing procedures for enactment of covenants of easements.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS IMPLEMENTING
ARTICLE 2.5 OF DIVISION 1, CHAPTER 4 OF TITLE 7, SECTION 65870 ET SEQ.
OF THE GOVERNMENT CODE BY ESTABLISHING PROCEDURES FOR COVENANTS FOR
EASEMENT FOR PARKING, INGRESS, EGRESS, EMERGENCY ACCESS, LIGHT AND AIR
ACCESS, LANDSCAPING, OR OPEN-SPACE PURPOSES.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 90-1 REPLACEMENT OF
EXISTING PATIO COVER. 9763 CEDAR COURT: Mayor Pro Tem Kanel declared the
public hearing open. The Planning Director summarized the staff report dated
February 2, 1990, which represented a request for a variance to allow the
construction of a lattice-type patio cover to replace the existing metal cover
which extends to within one foot of the rear property line. In accordance
with the California Environmental Quality Act, the proposed project has been
determined to be categorically exempt, Class 3. Notices of the public hearing
have been posted, published and mailed to all property owners within a 300-
foot radius.
Mr. Donald McCain, 9763 Cedar Court, Cypress, stated that the staff report is
complete and he is attempting to update an existing structure.
No one else wished to speak in support of the application. Mayor Pro Tem
Kanel asked if anyone wished to speak in opposition and no one did so.
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It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing, determine that the project is Categorically Exempt,
Class 3 in accordance with the requirements of the California Environmental
Quality Act and approve Variance No. 90-1, subject to conditions. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 90-2 REDUCTION OF REAR YARD
.SETBACK. 4891 CAMP STREET: Mayor Kanel opened the hearing. Chris Eynon
presented the staff report dated January 26, 1990, which represented a request
to vary from the City of Cypress Zoning Ordinance to reduce the rear yard
setback allowing a building to be located on the rear property line. In
accordance with the requirements of the California Environmental Quality Act,
a Notice of Exemption will be filed for this project. Notices of the public
hearing were posted, published and mailed to all property owners within 300
feet of the subject property. Two communications were received one was a
phone call from Terese McCormick, 9130 Esther Street, and her concerns were:
the hours of loading and unloading, and that the street was not designed to
handle the heavy trucks. Another resident at 4906 Bishop had indicated
concern.
Mr. Mark Connolly, representing Franklin Air Conditioning, 4891 Camp Street,
Cypress, stated that the reason the variance is requested so the parking
requirements can be met for the new building and would appreciate approval.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing and approve Variance No. 90-2, subject to a
condition. Councilmember Bowman stated he would abstain from the vote because
he had a relationship with the applicant. The motion carried by the following
roll call vote:
AYES: 3 COUNCILMEMBERS: Arnold, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
ABSTAINED: 1 COUNCILMEMBERS: Bowman
The City Manager stated that there are a number of people present in the
audience for the item on the Addendum to the Agenda and suggested that it be
taken under consideration at this time.
CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF CYPRESS AND CYPRESS HOMES
INC PROVIDING FOR FINANCING OF CERTAIN IMPROVEMENTS REQUIRED BY THE SORRENTO
HOMES DEVELOPMENT ON THE TEXACO TANK FARM: Mayor Pro Tem Kanel initiated the
discussion on this item. Councilmember Arnold remarked that she would abstain
on this issue because she had been employed by Fieldstone for personnel
consulting and remunerated in an amount larger than 5250.
COUNCILMEMBER ARNOLD LEFT THE DAIS AT 8:46 P.M.
The City Manager explained that this agreement deals with the Mello-Roos
financing portion of the Agreement between the City and the Sorrento Homes
Development and is not a part of the redevelopment activity. There is a
separate agreement forthcoming between the City and the Redevelopment Agency.
Ms. Maryanne Goodkind, Bond Counsel from Burke, Williamson, Sorensen and Gaar,
provided an overview of the summary funding and acquisition agreement which is
before the Council tonight, explained the changes to that summary agreement
and answered questions from Council.
After some discussion, Ms. Goodkind advised that this was the initial step in
the process.
COUNCILMEMBER ARNOLD RETURNED TO THE DAIS AT 9:11 P.M.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
approve funding and acquisition agreement as presented and authorize the Mayor
to sign the Agreement and the City Clerk to Attest to the Agreement. The
motion carried by the following roll call vote:
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AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
ABSTAINED: 1 COUNCILMEMBERS: Arnold
CONTINUATION OF CONSIDERATION OF ZONING DETERMINATION - RESIDENTIAL ADOLESCENT
CARE FACILITY, 8542 SUMNER PLACE: The Planning Director presented the staff
report dated January 25, 1990 in which a zoning determination was requested by
the applicant, a firm interested in operating an adolescent residential care
facility at 8542 Sumner Place. She emphasized that any zoning determination
made this evening will not only affect this use, but will impact organizations
desiring a Community Care use in the future.
Mr. Don Gilligan, 2904 Plaza Leonardo, Bonita, representing College Health
Enterprises, stated if he could not obtain a conditional use permit he would
not go through the process of hiring staff and would not consider the next
step without a permit.
Responding to questions from Councilmember Arnold, Mr. Gilligan stated that
the facility had been operating as an adolescent treatment center previously
and these facilities are considered step-down units.
After further discussion, the City Attorney advised that the City"s
restriction was limited to the zoning determination questions. He further
advised that what is before the Council tonight is in which zones will
Community Care uses be considered subject to a conditional use permit and
state licensing.
Councilmember Arnold stated that these particular facilities are located
throughout Orange County, are very much needed and supported. Her concern was
having a community care facility located in a residential zone and there are
other areas in Cypress that would be more appropriate.
After some discussion, Councilmember Arnold suggested placing this type of
facility in a commercial general zone and Councilmembers Kerry and Bowman
concurred.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
direct staff to: 1) prepare an Ordinance amending Section 10.1.C of the
Cypress Zoning Ordinance, to include Community Care Facility as a conditioned
use in the CG Commercial General and CH Zones subject to a conditional use
permit, and 2) prepare an Ordinance amending Section 8 of the Cypress Zoning
Ordinance, "Definitions." The amendment should include a definition of a
Community Care Facility. The motion unanimously carried by the following
roll. call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY"S PLANNING
COMMISSION: The City Manager reviewed the staff report dated February 7, 1990
which provided Council with a summary of suggestions outlined by Councilmember
Bowman on a proposed draft of an ordinance for a Planning Commission and a
staff survey regarding the activities of Planning Commissions in other cities.
Mr. Essex suggested that Council direct staff to prepare an Ordinance
incorporating the suggestions and perhaps some portions of the old Ordinance
on the Planning Commission.
Councilmember Kanel explained that when he had asked that this item be
continued to this meeting, he had anticipated obtaining clarification on the
item and talking with Councilmember Bowman but has been unable to do so. He
suggested that the item be continued to an adjourned meeting, asked and
received Councilmember Bowman's concurrence.
Councilmember Kerry requested costs on cablecasting Planning Commission
meetings and had several questions on appointment, qualifications and terms of
office of Commissioners.
Mr. Chuck Hicks, 10669 Charles Circle, Cypress, stated that it has not been
proven to him that there is a need for Planning Commission nor has a cost
benefit been shown. He recommended the establishment of a Commission for a
two year period with a sunset provision and provided parameters.
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Councilmember Kerry commented that if an ordinance is to be adopted, there
will be additional public hearings.
Mayor Pro Tem Kanel announced that this item would be continued to Tuesday,
February 20, 1990 at approximately 6:00 p.m.
CONTINUATION OF CONSIDERATION OF ESTABLISHMENT OF A POLICY FOR THE USE OF NEON
AS SIGNAGE AND ARCHITECTURAL DESIGN ELEMENTS: The Planning Director
summarized the staff report dated January 22, 1990 which described the recent ~
revised popularity of neon as a signage and design element. Staff felt this
matter should be addressed prior to the adoption of the new Sign Ordinance
update.
Councilmember Kerry mentioned that the Agreement applies to current property
owners and requested a provision to address a change in ownership.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Neon Use Policy and Neon Use Agreement based on the research and
recommendations from the Planning Department. The City Attorney will address
the concern expressed by Councilmember Kerry. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF STATUS REPORT ON CITY TRANSPORTATION ISSUES: The City
Manager introduced the staff report dated February 5, 1990 prepared by the
Public Works Director which updates the status of the various transportation
activities.
It was moved by Councilmember Arnold, seconded by Councilmember Kerry and
unanimously carried to receive and file the report.
Councilmembers congratulated the Public Works Director on the receipt of
transportation awards. He mentioned that the City is a candidate for three
additional awards presently and that a 554,000 TMA grant has been secured.
CONSIDERATION OF DISCUSSION REGARDING THE NEED OF LOCAL GOVERNMENTS TO
REGULATE LOCAL CABLE TELEVISION: Councilmember Kerry requested this item be
placed on the Agenda to discuss the need to request Congress to reevaluate the
need of local governments to regulate the cable television industry in its
service capacity. Her concern was the Federal government telling the cities
they cannot regulate the industry and there is a Resolution from the City of
Westminster providing the government with two choices.
After some discussion, Mayor Pro Tem Kanel appealed to the citizens to write a
letter to the City Council if they were having problems with Copley/Colony,
the local cablecast company.
Council agreed that Councilmember Kerry would continue to edit the Resolution
on cable companies and then she would return with any additional information.
CONSIDERATION OF PARTICIPATING AS A PATRON OF THE CYPRESS HIGH SCHOOL"S
"CENTURION" 1990 YEARBOOK: The staff report dated February 6, 1990 indicated
that a request had been received from Cypress High School inviting the City
Council to participate as a patron for their yearbook.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
authorize a contribution in the amount of 5100 to participate as a patron in
the 1990 yearbook. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 37283 -
37536: It was moved by Councilmember Kerry and seconded by Councilmember
Bowman to approve the Warrants No. 37283 through 37536 in the amount of
51,308,026.05. Councilmember Bowman suggested that the warrant lists be
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provided with vendor name only and hearing no objection, Mayor Pro Tem Kanel
so ordered. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
RECESS: Mayor Pro Tem Kanel recessed the meeting at 10:26 p.m. thus enabling
the Council to act as the Cypress Redevelopment Agency. The City Council
meeting reconvened at 10:44 p.m. with all Councilmembers present except Mayor
Age.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Bowman mentioned that the residents on Lime Circle are still
complaining about the railroad crossing at Valley View and state it is worse
now because it is more pronounced when they hit the tracks. The Public Works
Director stated that the only solution would be, if the paving did not help,
to go to the railroad company, ask them to raise the tracks and he will pursue
this option if something can't be worked out.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. No communications
were presented.
ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 10:45 p.m. to
Tuesday, February 20, 1990 at 4:30 p.m.
MAYOR P TEM OF THE CITY OF CYPRESS
ATTEST:
CITY LERK OF THE CIT OF CYPRESS
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