Minutes 90-05-29 MINUTES OF REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
May 29, 1990
A Regular Meeting- of the Cypress City Council was called to order at 4:15
p.m., Tuesday, May 29, 1990, in the City Council Chamber, 5275 Orange Avenue,
Cypress, Mayor Cecilia Age presiding.
PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age
ABSENT: Mayor Pro Tem Kanel
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff member Eynon.
WORKSHOP SESSION: Planning Director Eynon introduced Pam Eicholtz and Brice
Russell, representatives from GRC Redevelopment Consultants. Mr. Brice
Russell was available to answer any questions on the entire scope of the
redevelopment system. Ms. Eicholtz presented general information and facts on
various Senior housing projects and provided an analysis of questionnaire
results from the Senior Commission and Committee. A series of slides was
shown of interiors and exteriors of some of the various affordable senior
housing in the Los Angeles/Orange County area. Ms. Eicholtz described the
units, the unit amenities and the costs of these projects. She presented
several data sheets and explanation on costs and financing and through various
agreements with the developer, the City can control the affordability of the
project in perpetuity.
The City Manager clarified that the City Council desired a tour of several
affordable Senior housing developments and asked to have data provided them
prior to sending out the RFP. Councilmember Bowman suggested that an RFP also
be sent to the Cypress Elementary School District after the tour.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF REQUEST TO PURCHASE A REPLACEMENT VEHICLE FOR THE PUBLIC
WORKS DEPARTMENT. BUILDING DIVISION: The City Manager presented the staff
report which suggested the purchase of a used 1990 Oldsmobile Cutlass Ciera
from Avis Rent-A-Car for the Public Works Department.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
approve the purchase of a 1990 Oldsmobile Cutlass Ciera, from Avis Rent-A-Car,
Car Sales Division, 4101 Main Street, Santa Ana, CA, for the total price of
312,813.44. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF RETENTION OF PROFESSIONAL SUPPORT SERVICES FOR ENGINEERING
PLAN CHECKING AND PUBLIC WORKS CONSTRUCTION INSPECTION: The staff report
dated May 17, 1990 indicated that six proposals were received for the
retention of the temporary services of a Plan Checker and a Construction
Inspector for the Public Works Department.
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to:
1) Determine that it is in the best interest of the City to retain
professional engineering plan check and public works construction inspection
support services as needed for the Sorrento Homes development project, the
Cypress Business & Professional Center development project, and community
facilities district and/or redevelopment agency projects related to these
areas; 2) determine that Harris & Associates of Los Alamitos, California, is
the most qualified firm to provide the services described in this report; and
3) authorize the Mayor and City Clerk to execute an agreement between the City
and Harris & Associates, 4281 Katella Avenue, Suite 100, Los Alamitos, CA
90720, to provide plan checking and public works construction inspection
services as outlined in this report. The motion unanimously carried by the
following roll call vote:
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City Council Minutes May 29, 1990
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF AWARD OF CONTRACT FOR REPLACEMENT OF COPY/DUPLICATION SYSTEM
EQUIPMENT: The staff dated May 17, 1990 indicated that the purchase of a new.
printing unit system would economically print 25 to 500 copies and would be
used in between the standard office copier and the General Services offset
printer.
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, adopt the following recommendations: 1)
Determine that it is in the best interest of the City to dispense with the
competitive bidding process pursuant to the City Code Section 21A-8e, 2).
Appropriate from the Unreserved Fund Balance of the Internal Services
Equipment Replacement Fund. in the amount of 5550 to Capital Outlay account
#4546-83-650-35, and 3) Approve the Award of Contract to Pacific Duplicator
Systems, Inc., 1508 S. Grand Avenue, Santa Ana, CA 92705 in the amount of
16,800 for the purchase of the Roneo SP-9000 sold by Standard Duplicating
Machines Corp. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) CYPRESS RECREATION AND PARK
DISTRICT POOL CAR: The staff report dated May 21, 1990 indicated that the
current Cypress Recreation and Park District capital outlay replacement budget
provides for the purchase of one pool car.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry that
the City Council, acting as the ex officio governing Board of Directors of the
Cypress Recreation and Park District: 1) Determine that it is in the best
interest of the City to dispense with competitive bidding pursuant to City
Code section 21A-8e, and 2) Authorize the purchase of one (1) sedan from
Hauter Ford, 2460 Honalulu, Montrose, CA 91020, using the State of California
contract #1-90-23-10, in the amount of 510,204.34. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
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 requested that Items No. 20 and 21 dealing with the proposed
redevelopment plans for the Lincoln Avenue Project and Los Alamitos Race Track
and Golf Course Project be deferred until the after the public hearing and
adoption of Item 29, which addresses the Housing Element. Councilmember Kerry
asked that Item No. 14, Consideration of Letter to Cypress Postmaster
Regarding Cypress Homes Mail Delivery be removed from the Consent Calendar for
discussion.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
approve the Consent Calendar Items No. 5 through 23 with the exception of
Items No. 14, 20 and 21. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
Item 5: Consideration of Approval of City Council Minutes of May 14, 1990.
Recommendation: That the City Council approve the Minutes of May 14, 1990, as
submitted.
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City Council Minutes May 29, 1990
Item 6: Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and to Waive Further Reading.
Item 7: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by John Paul & Anthony Gerard Rock, D.B.A. Sunshine Liquor b
Deli, 6928 Katella Avenue, Cypress.
Recommendation: Receive and file.
Item 8: Consideration of Claim Filed by Robert Carl Dickie, Jr.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claims Administrator, Carl Warren b Co., for
appropriate disposition.
Item 9: Consideration of Proclamation for "Pause for the Pledge of
Allegiance" on Flag Day, June 14, 1990.
Recommendation: That the Mayor and City Council officially proclaim "Pause
for the Pledge of Allegiance" on Flag Oay, June 14, 1990.
Item 10: Consideration of Monthly Investment Program for the Month of April
1990.
Recommendation: Receive and file.
Item 11: Consideration of Proclaiming June 6, 1990, as "Cypress Police
Oepartment Records and Support Personnel Day".
Recommendation: That the Mayor and City Council officially proclaim June 6,
1990, as "Cypress Police Department Records and Support Personnel Day" in the
City of Cypress.
Item 12: Consideration of Resolution Commending Eagle Scout Colby C. Weaver.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Eagle Scout Colby C. Weaver.
RESOLUTION N0. 3754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT COLBY C. WEAVER ON ACHIEVING THE RANK OF EAGLE SCOUT.
Item 13: Consideration of Claim Filed by Richard A. Levine, Attorney-at-Law,
On Behalf of Brian Cook.
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 15: Consideration of Transfer of Funds for the Rehabilitation of Moody
Street from Lincoln Avenue to the Southern Pacific Railroad Tracks, Public
Works Project No. 8922.
Recommendation: That the City Council: 1) Authorize the creation of a new
capital improvement project for the Rehabilitation of Moody Street, Public
Works Project No. 8922, Account No. 4186-22-405-21; 2) Authorize the transfer
of 584,000 from Account No. 4186-22-421-21 to Account No. 4186-22-405-21; 3)
Authorize the transfer of 28 000 from Account - - - n
S No. 4186 11 212 08 to Accou t
No. 4186-22-405-21; and 4) Authorize the cancellation of the project for
Rehabilitation of Denni Street from Ball Road to Cerritos Avenue, Account No.
4186-22-421-21.
Item 16: Consideration of Adoption of Resolution of Commendation for Police
Officer Shari Shovlin.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Police Officer Shari Shovlin for her dedicated
contribution to the D.A.R.E. Program.
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RESOLUTION N0. 3755
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING POLICE
OFFICER SHARI LYNN FRANCOIS SHOVLIN FOR HER OUTSTANDING CONTRIBUTION TO
THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM.
Item 17: Consideration of Design Review Committee's Approval of DRC #90-14
and #90-16.
= Recommendation: Receive and file.
Item 18: Consideration of Resolutions Commending Kathy Ann Smith and David
Wayne Anaya for Heroic Actions.
Recommendation: That the City Council adopt the Resolutions by title only,
titles as follows, commending Kathy Ann Smith and David Anaya for their heroic
and unselfish acts.
RESOLUTION N0. 3756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING KATHY
ANN SMITH FOR HEROIC AND UNSELFISH ACTS IN SAVING A CHILD'S LIFE.
RESOLUTION N0. 3757
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING DAVID
WAYNE ANAYA FOR HEROIC AND UNSELFISH ACTS IN SAVING THE LIFE OF A
NEIGHBOR.
Item 19: Continuation of Consideration of Resolution Commending the News
Enterprise on Its 25th Anniversary.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending the News Enterprise on its 25th Anniversary.
RESOLUTION N0. 3758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
NEWS ENTERPRISE ON ITS 25TH ANNIVERSARY.
Item 22: Consideration of Amendments to the City of Cypress/Cypress
Recreation and Park District Personnel Rules and Regulations.
Recommendation: That the City Council of the City of Cypress, and acting as
the ex officio Board of Directors for the Cypress Recreation and Park
District, adopt the Resolution by title only, title as follows, amending
Chapters 4, 5, 6, 8, 9, 10, and 15 of the City of Cypress/Recreation and Park
District Personnel Rules and Regulations.
RESOLUTION N0. 3759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING
RESOLUTION N0. 1635, RULES AND REGULATIONS, CHAPTERS 4, 5, 6, 8, 9, 10,
AND 15 CONCERNING LAYOFF PROCEDURE, TRANSFER, SALARY INCREASE FOLLOWING
PROMOTION, RECOGNIZED HOLIDAYS, REGULAR APPOINTMENTS FOLLOWING
PROBATIONARY PERIOD, VACATION LEAVE ELIGIBILITY, RELATED LEAVE
CHARGEABLE TO SICK LEAVE, BEREAVEMENT LEAVE, MATERNITY LEAVE OF ABSENCE
AND FAMILY LEAVE FOR EMPLOYEES OF THE CITY OF CYPRESS AND CYPRESS
RECREATION AND PARK DISTRICT.
Recreation & Park District Matters:
Item 23: Consideration of Anaheim Union High School District Agreement for
Use of Cypress Recreation and Park District Facilities.
Recommendation; That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
Agreement between the Anaheim Union High School District and the Cypress
Recreation and Park District for use of utilities and waiver of electrical
operating cost as described in the Agreement.
END OF CONSENT CALENDAR
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With regard to the Consideration of Letter to Cypress Postmaster Regarding
Cypress Homes Mail Delivery, Councilmember Kerry suggested that the proposed
draft of the letter to the Cypress Postmaster be amended to mention that the
City is now built out, this is the last project and request doorstep delivery
such as the surrounding homes have.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
approve the proposed draft letter, with modifications, to Ms. Nancy Shank,
Cypress Postmaster and authorize the Mayor's signature on behalf of the
Council. The motion unanimously carried by the following roll call vote: a.-
AYES: 4 COUNCILMEMBERS: _Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
ORDINANCE5 (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, denying, without
prejudice, amendment to CUP No. 79-4 and Variance No. 90-8.
RESOLUTION N0. 3760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING, WITHOUT
PREJUDICE, AMENDMENT TO CONDITIONAL USE PERMIT N0. 79-4 AND VARIANCE N0.
90-8 (VIA MARIA RESTAURANT, 9959 WALKER STREET).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving CUP No. 90-2.
RESOLUTION NO. 3761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 90-2 - WITH CONDITIONS (TEMPORARY STORAGE
CONTAINER, 4942 LINCOLN AVENUE, UNIT B).
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Age
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 1 COUNCILMEMBERS: Kanel
The City Manager requested Council's permission to add an item to the Agenda,
which became known after the Agenda was published. The contractor employed by
the City to inspect City buildings for asbestos has notified the City verbally
that a serious asbestos problem exists at the Cypress Boys and Girls Club and
the City Manager advised that it is of such extent that the matter should be
acted upon this evening.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
add the CONSIDERATION OF A SPECIAL ALLOCATION TO CORRECT THE ASBESTOS PROBLEM
AT THE CYPRESS BOYS AND GIRLS CLUB for discussion this evening under New
Business. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: ARNOLD, BOWMAN, KERRY AND AGE
NOES: 0 COUNCILMEMBERS: NONE
ABSENT: 1 COUNCILMEMBERS: KANEL
CLOSED SESSION: The Mayor recessed the meeting at 5:50 p.m. to enable the
Council to enter a Closed Session. The meeting was reconvened at 7:36 p.m.
with all Councilmembers present except Councilmember Kanel.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Arnold.
Mayor Age announced that discussion on CONSIDERATION OF REESTABLISHMENT OF THE
CITY'S PLANNING COMMISSION will be continued and the item on CONSIDERATION OF
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CONCERT AND SPECIAL EVENT HELD AT THE LOS ALAMITOS RACE TRACK will be moved
forward on the Agenda.
PRESENTATIONS: Mayor Age presented Certificates of Special Recognition to
Essay Contest Winners, Junior American Citizens Program to the Second Place
Winner, 4th Grade Level Catherine Cade whose essay was about Valley Forge and
Second Place Winner, 3rd Grade Level, Grant Whipple, who wrote about the
Declaration of Independence. The essay contest is sponsored by the National
Society Daughters of the American Revolution.
A Community Service Plaque was presented by Mayor Age to former Cultural Arts
Commissioner Irene Hornby for her outstanding work on that Commission.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. No one wished
to speak.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
Mayor Age commented that during the last few weeks, the Police Banquet and
Public Works Equipment Show was held. There were also a series of D.A.R.E.
graduations in the community conducted by Officer Shovlin, who will be moving
to patrol.
The City Manager reviewed the actions taken by the Council during the 5:30
p.m. portion of the agenda.
The City Attorney summarized the discussion of a matter of litigation filed by
the City of Los Alamitos. This item will be continued to Monday, June 4,
1990.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT NO. 87-14, ADDITION OF FOUR (4) DUAL GAS DISPENSERS TO EXISTING
SERVICE STATION, 4988 BALL ROAD: Mayor Age opened the public hearing. The
staff report dated May 11, 1990 requested that this application be withdrawn
due to the applicant"s inability to arrive at an acceptable location for the
proposed onsite improvements.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
close the public hearing and accept the withdrawal of Amendment to Conditional
Use Permit No. 87-14. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING
ORDINANCE N0. 90-4, SECTION 10.1 COMMERCIAL USES: Mayor Age declared the
public hearing open. The City Manager asked the Planning Director to present
the staff report dated May 16, 1990, which reflected certain amendments
requested by Council at the March 26, 1990 meeting.
No one wished to speak in support of or in opposition to the Zoning Ordinance
amendment.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing and approve the first reading of the Ordinance by
title only, title as follows, Amendment to the Zoning Ordinance No. 90-4.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REVISING SECTION
10.1 OF ORDINANCE N0. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF CONDITIONAL USE PERMIT N0. 90-10, DRIVE-THRU
RESTAURANT/RETAIL CENTER, 5501 AND 5591 BALL ROAD: Mayor Age opened the
public hearing. The Planning Director summarized the staff report dated May
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City Council Minutes May 29, 1990
7, 1990, which represented a request to construct a drive-thru restaurant and
retail center at 5501 and 5591 Ball Road. In accordance with the requirements
of the California Environmental Quality Act, a Negative. Declaration will be
filed for this project. Notices of the public hearing were published, posted
and mailed to all properties located within a 300 foot radius.
Mr. Brent Ogden,-owner and president of Harbor Pacific Development Company,
4040 MacArthur Blvd., Suite 314, Newport Beach, stated he was proposing a new
development on a site that sorely needs it. He voiced his concerns with some
of the conditions of approval and requested a lotline adjustment rather than a
parcel map. The Public Works Director advised that if this is a matter of
consolidating lots, there is a parcel merger ordinance, which may apply. Mr.
Ogden also took exception to the conditions requiring a 6 foot wall adjacent
to the residential property and the undergrounding of the power lines crossing
Ball Road. The Public Works Director stated that normally properties are
required to underground those facilities adjacent to their property when they
receive service from them. Mr. Ogden stated he would be willing to work with
staff to resolve some of these issues.
After some discussion on the building design, Councilmember Arnold informed
the applicant that she would not consider approving a design that has only one
entrance/exit. The Planning Director suggested that this item be continued,
staff work with the property owner, look at alternatives and place those
resolutions on the consent calendar as Design Review. Mayor Age suggested
this item be continued and to allow staff time to resolve the applicant's
concerns.
Mayor Age asked if anyone wished to speak in support of the project. No one
wished to do so.
The Mayor asked if anyone wished to speak in opposition to the project.
Mr. Aslam Shah, Barbara Anne St., Cypress, a tenant in the retail center north
of the proposed development, expressed his concerns about the project and
provided his recommendations to those concerns, primarily ingress and egress.
Mr. Phil Walsh, representing Emblem Development Corp., 9922 Walker St.,
Cypress, owners of the property north of the proposed project, concurred with
Mr. Shah's comments. They are concerned about the detail and working of the
proposed building if it is moved forward. He stated they would be willing to
work with the developer to assist in the design of the project.
Mr.~Rat Browning, representing Prism Financial, 9922 Walker St., Cypress,
stated they have submitted a letter to the City on this project and concurred
with the concerns expressed previously on the project.
No one else wished to speak in opposition to the application.
The applicant came forward and responded to questions from the Council.
After further discussion and clarification, Mayor Age asked if the applicant
would be willing to continue this item and the applicant concurred.
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
continue this item to the meeting of June 25, 1990. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT N0. 90-2 - HOUSING
ELEMENT: Mayor Age opened the public hearing. The City Manager requested the
Planning Director to present the staff report dated May 22, 1990, which
indicated that state law required cities and counties to prepare a Housing
Element as part of their General Plans and that the Housing Element be updated
every five years to reflect a community"s changing housing needs. The City
has prepared an update to its Housing Element as part of the 1989-1994 update
cycle for jurisdictions in the SCAG region. The Housing Element contains
specific components, including an updated housing needs assessment, land
inventory, housing programs and quantified objectives for the five-year time
frame. It was determined that according to the requirements of the California
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City Council Minutes May 29, 1990
Environmental Quality Act, a Negative Declaration will be filed for this
project. Notices of this public hearing have been published in the News
Enterprise and posted at the Civic Center, the Cypress Library and. at the
Community Center.
Karen Warner, consultant from Cotton Beland Associates, stated the addendum to
the Cypress Draft Housing Element addressed each of the comments presented in
the state reviewer's letter with actual revisions to the language in the
Element and the Technical Data Report. She then summarized the City of
Cypress' written responses to the State"s comments.
Mayor Age asked if anyone wished to speak in support of or opposition to the
1990 Housing Element Amendment. No one wished to do so.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing, certify the Negative Declaration in accordance with
the requirements of the California Environmental Quality Act and adopt the
Resolution by title only, title as follows, adopting the 1990 Housing Element
Amendment, subject to revisions.
RESOLUTION N0. 3762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING THE
1990 HOUSING ELEMENT AMENDMENT OF THE GENERAL PLAN FOR THE CITY OF
CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF A RESOLUTION OF THE PLANNING AGENCY RECOMMENDING TO THE
CYPRESS REDEVELOPMENT AGENCY THAT THE PROPOSED REDEVELOPMENT PLAN FOR THE
LINCOLN AVENUE PROJECT BE APPROVED: The City Manager advised that the
Planning Agency adopt the Resolution, which would make this project consistent
with the Housing Element as approved by the Cypress City Council.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, recommending to the
Cypress Redevelopment Agency that the Proposed Redevelopment Plan for the -
Lincoln Avenue Redevelopment Project incorporating changes recommended by the
Project Area Committee be approved, making its report and recommendation as to
the conformity of the Redevelopment Plan with the General Plan; and affirming
its review of the Environmental Impact Report.
RESOLUTION NO. 3763
A RESOLUTION OF THE CITY COUNCIL, ACTING AS THE PLANNING AGENCY OF THE
CITY OF CYPRESS, RECOMMENDING TO THE CYPRESS REDEVELOPMENT AGENCY THAT
THE PROPOSED REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT
PRO.IECT BE APPROVED; MAKING ITS REPORT AND RECOMMENDATION AS TO THE
CONFORMITY OF THE REDEVELOPMENT PLAN WITH THE GENERAL PLAN; AND
AFFIRMING ITS REVIEW OF THE DRAFT ENVIRONMENTAL IMPACT REPORT.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF A RESOLUTION OF THE PLANNING AGENCY RECOMMENDING TO THE
CYPRESS REDEVELOPMENT AGENCY THAT THE PROPOSED REDEVELOPMENT PLAN FOR THE LOS
ALAMITOS RACE TRACK AND GOLF COURSE PROJECT BE APPROVED: The City Manager
advised that the Planning Agency adopt the Resolution, which would make this
project consistent with the Housing Element as approved by the Cypress City
Council.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, recommending to the
Cypress Redevelopment Agency that the Proposed Redevelopment Plan for the Los
Alamitos Race Track and Golf Course Redevelopment Project be approved, making
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its report and recommendation as to the conformity of the Redevelopment Plan
with the General Plan; and affirming its review of the Environmental Impact
Report.
RESOLUTION N0. 3764
A RESOLUTION OF THE CITY COUNCIL, ACTING AS THE PLANNING AGENCY OF THE
CITY OF CYPRES5, RECOMMENDING TO THE CYPRESS REDEVELOPMENT AGENCY THAT
THE PROPOSED REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF
COURSE REDEVELOPMENT PROJECT BE APPROVED; MAKING ITS REPORT AND .
RECOMMENDATION AS TO THE CONFORMITY OF THE REDEVELOPMENT PLAN WITH THE
GENERAL PLAN; AND AFFIRMING ITS REVIEW OF THE DRAFT ENVIRONMENTAL IMPACT
REPORT.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
86-35, ON-SITE CAR RENTAL SERVICE RAMADA INN 5865 KATELLA AVENUE: Mayor Age
opened the public hearing and referred to the staff report dated May 18, 1990,
which requested that this item be continued.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to the meeting of June 11, 1990. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 89-30
ADOLESCENT COMMUNITY CARE FACILITY 8542 SUMNER PLACE: The public hearing was
declared open by Mayor Age. The staff report dated May 18, 1990 requested
that this item be continued.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
continue this item to the meeting of June 25, 1990. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
Mayor Age announced that Item 36, CONSIDERATION OF THE CONCERT AND SPECIAL
EVENT HELD AT THE LOS ALAMITOS RACE TRACK would be moved forward. The City
Manager reported that the City recently had been approached by several
property owners adjacent to the Los Alamitos Race Track regarding concerts
which have been held at the Race Track in conjunction with the quarter horse
racing association meet. He provided the Council with information on concerts
and other activities held at the Race Track in the past, Recently, there have
been special events held in the early evening in conjunction with the racing
that have created a noise situation and level of activity. The City Manager
called upon the Planning Director who commented on the various permits which
addressed "noise."
Mr. Patrick Howard, 5140 Laurel Ave., Cypress, stated that the quality of life
is being discussed here and what he hears at his house is noise. He doesn"t
mind the races or some of the other activities held there because the race
track was there. He hoped the race course officials would have the courtesy
to discuss their upcoming events and asked the Council to take a negative
position in deference to the neighbors complaints.
Mr. Jim Young, 5120 Laurel Ave., Cypress, advised that the same type of thing
occurred in the 1980s when the track first went to night racing, He has had
several complaints from his neighbors, called the race track to register a
complaint and received no return call. He stated he had represented the block
and he is still getting calls from the neighbors but if the Council allows the
track to hold concerts, they will probably lose him as a neighbor.
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Mr. Art Cortland, 5090 Laurel Ave., Cypress, stated that has gone through this
concert activity in the past and now it seems it is back again. He explained
the degree of noise that was present during the concert event, he had called
the police regarding the noise and asked them to come out and witness it.
The Police Chief advised that a Field Sergeant was on the scene and a patrol
car was present.. The noise was loudly audible from Mr. Cortland's location on
Laurel Ave.
Mr. Tom McNamara, 5150 Laurel Ave., Cypress, remarked that he concurred with
his neighbors remarks and he had called the Police Department, who stated they
could hear the noise from the track through the telephone. He asked that it
be a race track not a concert hall.
Mr. Young advised that usually he deals with the track, they are fairly
cooperative and do work with their neighbors. He read a statement from the
Conditional Use Permit, dated November 3, 1980, which read, "No further
concerts may take place at Los Alamitos Race Course without City Council's
specific review and approval at a public hearing."
A consensus of opinion of the real problem from the neighbors appeared to be
the concerts emanating from the race track itself. Mr. Cortland invited the
City to use his backyard to install a scientific instrument to measure the
noise levels from the race track.
Ms. Sally Peterson, 10474 Saratoga Street, Cypress, advised that she had
spoken to some of the Councilmembers and asked the Council to devote as much
attention to this matter as to the loudspeaker system in the fast food drive-
thru restaurant on Ball and Walker.
The Planning Director explained that the statement ready by Mr. Young was from
a staff report and many of the references are to uses not in conjunction with
the racing at the race track.
Councilmember Arnold stated that it appeared to be the intent of the Council,
at that time that there would be no more concerts at the race track. If there
is something in the code that does not state that now, it should be looked at
immediately and any intended events at the track be halted.
The City Manager explained that in the past, special events would not be held
on the race track facility; however, now the problem is a concert in
conjunction with the horse racing.
The City Attorney suggested that a CUP addressing just the race track property
be issued or the ordinance that addressed live entertainment be amended and
both of these could be as restrictive as the Council wishes to make them.
Mayor Age asked if the concert that is scheduled for June 23 could be stopped
while one of these choices is being formulated.
Councilmember Bowman asked if the CUP could have been interpreted as applying
to them and wasp't applied. The City Attorney replied in the affirmative.
Councilmember Kerry suggested that the City be very specific in writing these
restrictions and they will not allow anything other than racing to occur in
the grandstands.
Councilmember Arnold stated this is a noise condition that should be
controlled by some of the current rules in place until it can be clarified so
it is specific to that particular facility.
The City Attorney recommended the live entertainment permit if an on-the-spot
determination is desired.
After some discussion, the City Attorney commented that the City can advise
the owner that there appears to be code section that seems to be applicable
and advise them they need a permit.
Mayor Age explained that the Council would like the City Attorney to provide
an amendment to the live entertainment ordinance and public posting.
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City Council Minutes May 29, 1990
Councilmember Bowman suggested that-the City rely on the decision made in
November of 1980 in the immediate situation to inform the race track that
there will be no more concerts. Then, the City Attorney will provide
additional language banning concerts from the race course.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, commented that any event
other than horse racing should require a permit.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold that
the City Attorney send a letter to the Los Alamitos Race Course indicating
that the City requires a Conditional Use Permit as predicated by the November
3, 1980 Council meeting and to amend the live entertainment provision to
require that each event be heard and determined separately. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONTINUATION OF CONSIDERATION OF SUBLEASE AGREEMENT WITH THE GREATER LONG
BEACH CHRISTIAN SCHOOLS FOR THE OXFORD FACILITY: The City Manager summarized
the staff report dated May 23, 1990, which indicated that the City Manager and
representatives from the Greater Long Beach Christian Schools had met with the
Superintendent of the Anaheim Union High School District and her staff to
discuss the proposed sublease for the Oxford facility. He indicated that the
section dealing with the Right of First Refusal was to be amended; however,
rather than amending the sublease at this time it would appear more reasonable
to await further direction from the Anaheim Union High School District to
determine if there are additional concerns to be included in the sublease
document.
After some discussion, it was moved by Councilmember Bowman and seconded by
Councilmember Kerry to approve the sublease subject to changes to be made and
reviewed at the meeting of June 4, 1990. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONTINUATION OF CONSIDERATION OF STATUS REPORT ON FOUNDATION REPAIRS DUE TO
ADVERSE SOIL CONDITIONS: The City Manager called upon the Public Works
Director to summarize the staff report dated May 15, 1990, which indicated
that the foundation study was performed for the California Department of
Conservation, Division of Mines and Geology, under an agreement between the
State and California State University, Long Beach. The complete report is
available for review in the office of the Building Official. The most
important thing is the type of ways to prevent these situations from occurring
in the future is already in the code in the City of Cypress.
Councilmember Kerry asked if an additional copy of the report could be
acquired and made available in the library.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
receive and file the report. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONTINUATION OF REESTABLISHMENT OF THE CITY'S PLANNING COMMISSION: Mayor Age
advised that this item would be continued to the meeting of June 11, 1990.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
continue the item to June 11, 1990. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
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City Council Minutes May 29, 1990
CONTINUATION OF CONSIDERATION OF RESOLUTION REQUESTING THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION NOT TO INCORPORATE THE AICUZ STUDY FOR THE ARMED
FORCES RESERVE_CENTER, LOS ALAMITOS INTO THE ORANGE COUNTY AIRPORT LAND USE
PLAN AND TO WITHHOLD CONSIDERATION PENDING DEPARTMENT OF DEFENSE"S REVIEW:
The City Attorney reported that Council has considered the problems associated
with the AICUZ study and the Council had directed him to prepare a Resolution
that could be adopted by the Council and referred to other cities surrounding
the airport location for their adoption and .presentation to the Airport Land
Use Commission. The Resolution identified the problems and asked that the
Airport Land Use Commission not incorporate the clear zones and accident
potential zones for the Reserve Center and also asked them not to commence the
public hearing process on that study unless it is approved by the Secretary of
Defense or appropriate Assistant Secretary.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, not to incorporate the
AICUZ study far the Reserve Center.
RESOLUTION NO. 3765
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION NOT TO INCORPORATE THE AICUZ
STUDY FOR THE ARMED FORCES RESERVE CENTER, LOS ALAMITOS, INTO THE ORANGE
COUNTY AIRPORT LAND USE PLAN AND TO WITHHOLD CONSIDERATION OF THE SAME
PENDING DEPARTMENT OF DEFENSE'S REVIEW.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
Responding to Mayor Age, the City Manager replied that there are some
technical meetings taking place during the week with the Airport Land Use
Commission which may result in additional information. The entire situation
will be monitored and perhaps by the next meeting, additional action may need
to be taken.
CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING SALARIES AND WORKING
CONDITIONS FOR CITY EMPLOYEES REPRESENTED BY THE CYPRESS MID-MANAGEMENT
EMPLOYEES ASSOCIATION: The City Manager introduced the staff report dated May
22, 1990 which indicated that the City has met and conferred with the Cypress
Mid-Management Employees Association and have reached agreement for a one (1)
year Memorandum of Understanding commencing December 25, 1989.
Councilmember Arnold stated, for the record, she will be voting against this
item because it includes a bonus system for employees under "exemplary
performance payment" with a lump sum that can be earned at the end of a year
for performance. She is opposed to the bonus and doesn't feel the citizens of
Cypress would support it. She believed the merit increase policy more than
adequately covers exceptional performance and believed it was a wrong move to
approve the bonus system.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving the Memorandum
of Understanding and establishing salaries for the City employees represented
by the Cypress Mid-Management Employees" Association as outlined in this
report. Councilmember Kerry commented that the bonus program was for
exemplary employees, not for average employees, is used with discretion by
management and is a very effective way of recognizing employees who have done
exemplary work. Mayor Age will support the motion and concurred with
Councilmember Kerry"s remarks.
RESOLUTION N0. 3766
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, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
MID-MANAGEMENT EMPLOYEES ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE
BENEFITS AND CONDITIONS OF EMPLOYMENT.
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City Council Minutes May 29, 1990
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Age
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF AMENDMENT TO RESIDENTIAL DENSITY BONUS POLICY SECTION 65915
9_2: The City Manager asked the Planning Director to present the staff report
dated May 3, 1990, which requested an amendment to the City of Cypress
Residential Density Bonus Policy as a result of recent state mandated changes
to the State Density Bonus Law.
Responding to Councilmember Bowman, the City Attorney answered that the
dilemma is that many people may come to the City Council asking for density
bonus and the state requires one be granted provided they meet certain
conditions. Councilmember Bowman remarked that the minimum five year
occupancy sounds okay but there should be a recapture provision, some sort of
shared equity.
After further discussion, Council concurred that more investigation was
required on this proposed amendment to the residential density bonus policy.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to the June 11, 1990 City Council meeting after further
review by staff. The motion unanimously carried by the following roll call
vote:
Ahf~: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
tV(~E5: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 38999 -
39344: It was moved by Councilmember Kerry and seconded by Councilmember
Bowman to approve the Warrants No. 38999 through 39344 in the amount of
5894,520.74. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
Regarding Consideration of A Special Allocation to Correct the Asbestos
Problem at the Cypress Boys and Girls Club, the City Manager repor~ed that
this problem was brought to the attention of the City by our consultant that
was employed to check all the public facilities to determine the asbestos
conditions. The City has been advised verbally that there is a acoustical
t he drop ceiling containing asbestos, which has been loosened. Because of
the extent of that problem and the notice, the Council should proceed with an
emergency allocation to correct the asbestos problem. The Public Works
Director mentioned that there are several contractors available to do this
type of work and he estimated that the total cost shouldn"t exceed $20,000.
He also mentioned that a ten day notice period is needed because of the
several agencies involved that do require noticing.
There was some discussion by Councilmembers on the various facilities
available in the City that could be utilized by the Boys and Girls Club during
the period of refurbishing.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
authorize an amount not to exceed 520,000 to rectify the asbestos problem,
notify the Boys and Girls Club immediately and to make the necessary
appropriation from the fund balance of the general fund to Account #4186-11-
406-24. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
RECESS: Mayor Age recessed the meeting at 11:20 p.m. to enable the City
Council to act as the Redevelopment Agency. The meeting reconvened at 11:25
p.m. with all Councilmembers present.
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City Council Minutes May 29, 1990
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. Nothing was
presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 11:26 p.m. June 4, 1990 at
4:00 p.m. in the Administrative Conference Room.
OR OF THE CITY F CYPRESS
ATTEST:
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C CLE OF HE C OF CYPRESS
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