Minutes 90-06-11
~~J
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
June 11, 1990
A Regular Meeting of the Cypress City Council was called to order at 5:36
p.m., Monday, June 11, 1990, in the City Council Chamber, 5275 Orange Avenue,
Cypress, Mayor Cecilia Age presiding.
PRESENT: Councilmembers Arnold, Bowman, Kerry and Age
ABSENT: Mayor Pro Tem Kanel
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley and Wicker.
ORAL COMMUNICATIONS: For Matters of Personnel and/or Litigation. No one
wished to speak.
CLOSED SESSION: Mayor Age recessed the meeting to allow the Council to enter
closed session to discuss matters of personnel and litigation. The meeting
reconvened at 6:15 p.m. with all Councilmembers present except Mayor Pro Tem
Kanel.
CONSIDERATION OF AWARD OF CONTRACT FOR THE PARKING CITATION MANAGEMENT
PROGRAM: The City Manager presented the staff report dated May 14, 1990,
which requested renewal of the present contract for the processing of parking
citations with West-Computil Corporation at an increase of 5.05 per citation.
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
approve a contract for the parking citation management program with West-
Computil Corporation, 18700 Beach Blvd., Suite 110, Huntington Beach, CA 92648
for the period July 1, 1990 through June 30, 1991. 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 ALARM ORDINANCE ADMINISTRATION: Three
vendors were contacted to determine if they could provide the administration
of the City of Cypress" alarm ordinance to Police Department and City
specifications as outlined in the staff report dated May 16, 1990.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
award a one year contract for alarm ordinance administration to City Permit
Systems, 31921 Camino Capistrano, Suite 311, San Juan Capistrano, CA 92675,
effective July 1, 1990 and be paid with funds from account 4189-11-174-05.
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 CONTRACT RENEWAL FOR WEED ABATEMENT FOR FISCAL YEAR 1990/91:
The City Manager summarized the staff report dated May 30, 1990, which
requested renewal of the weed abatement contract with Mr. Webber under the
same specifications and for the same contract unit prices as for the past 11
years.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
approve the award of contract for weed abatement for Fiscal Year 1990/91 to
Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647 for the
same contract unit prices as Fiscal Year 1989/90. 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
1
City Council Minutes June 11, 1990 4'~ y
CONSIDERATION OF AWARD OF CONTRACT FOR THE REPLACEMENT OF CARPETING IN THE
POLICE DEPARTMENT, PUBLIC WORKS PROJECT N0. 8953: Four bids were received far
the replacement of carpeting in the Police Department.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to:
1) Authorize the transfer of 5995.00 from the unappropriated fund balance of
the General Fund to Account No. 4186-11-464-24; 2) Determine the lowest
responsible bidder for Public Works Project No. 8953 to be RC Interiors; and
3) Award a contract for the replacement of carpeting in the Police Department
to RC Interiors, 1757 S. Claudina Way, Anaheim, CA 92805, in the amount of
$11,995.00. 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.
Councilmember Arnold requested that Item No. 19, Consideration of Acceptance
of Final Tract Map Nos. 14153 and 14154 (Phase II), and Nos. 14155 and 14156
(Phase III) (former Texaco Tank Farm Site), be removed from the Consent
Calendar for further discussion.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
approve the Consent Calendar Items No. 5 through 21 with the exception of Item
No. 19. 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 29, 1990.
Recommendation: That .the City Council approve the Minutes of May 29, 1990, as
submitted.
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 Renewal of Lease With the North Orange County
Regional Occupation Program for Use of Portions of the Facility Located at
5172 Orange Avenue.
Recommendation: That the City Council approve the one-year renewal of the
existing lease between the City of Cypress and the North Orange County
Regional Occupational Program (ROP) for use of portions of Buildings C and E
of the Oxford facility located at 5172 Orange Avenue, which would expire on
June 30, 1991.
Item #8: Consideration of Design Review Committee"s Approval of ORC #90-15
and #90-17.
Recommendation: Receive and file.
Item #9: Consideration of Resolution Commending the American Red Cross,
Orange County Chapter, on its 25th Anniversary.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending the American Red Cross, Orange County Chapter, on
its 25th Anniversary.
RESOLUTION NO. 3767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
AMERICAN RED CROSS, ORANGE COUNTY CHAPTER, ON ITS 25TH ANNIVERSARY.
Item #10: Consideration of Attendance to the League of California Cities"
Mayors & Council Members Executive Forum.
2
/i I /
L ~ w.
430
City Council Minutes June 11, 1990
Recommendation: That the City Council authorize the attendance of any
interested Council Member to the League of California Cities' Mayors & Council
Members Executive Forum, to be held on July 18 - 20, 1990, in Monterey, CA,
and be reimbursed for all actual and necessary expenses incurred.
Item dill: Consideration of Resolution of Commendation for Eagle Scout Sean K.
Nakagawa.
Recommendation: That the City Council adopt the Resolution of Commendation by
title only, title as follows, for Eagle Scout Sean K. Nakagawa. u.
RESOLUTION N0. 3768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT SEAN K. NAKAGAWA ON ATTAINING THE RANK OF EAGLE SCOUT.
Item #12: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Richard C. Leonard, D.B.A. Parra"s Mexican Restaurant, 4197
Ball Road, Cypress.
Recommendation: Receive and file.
Item ll13: Consideration of Employment List - Maintenance Specialist.
Recommendation: That the City Council certify the Employment List for the
position of Maintenance Specialist as submitted.
Item #14: Consideration of Proclaiming July 1990, as "Parks and Recreation
Month" in the c;ty of Cypress.
Recommendation: That the Mayor and City Council officially proclaim July
1990, as "Parks and Recreation Month" in the City of Cypress.
Item #15: Consideration of Acceptance of Weed Abatement of Seasonal and
Recurring Weed and Assessment for Weed and Rubbish Abatement for Phase II of
the 1989/90 Program.
Recommendation: That the City Council: 1) Accept the work of weed and rubbish
abatement as being satisfactorily completed in accordance with the
specifications for the work; 2) Adopt the Resolution by title only, title as
follows, confirming the weed abatement assessments and imposing special
assessments as a lien on the parcels shown on Exhibit "A"; and 3) Approve the
contract change with Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington
Beach, CA 92647, from the original award of $6,820.00 to the final cost of
$8,681.32.
RESOLUTION N0. 3769
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN
THE CITY OF CYPRESS.
Item X16: Consideration of Acceptance of Letter of Resignation from Cultural
Arts Commissioner Joan Edwards.
Recommendation: That the City Council accept the letter of resignation
submitted by Cultural Arts Commissioner Joan Edwards.
Item X17: Consideration of Application for Funds From the Urban Forestry
Grant Program (California Wildlife, Coastal and Park Land Conservation Bond
Act of 1988).
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, approving the City"s application for the Urban Forestry
Grant Program under the California Wildlife, Coastal and Park Land
Conservation Bond Act of 1988.
RESOLUTION N0. 3770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN
APPLICATION FOR GRANT FUNDS THROUGH THE URBAN FORESTRY GRANT PROGRAM
UNDER THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION BOND
ACT OF 1988 FOR THE CYPRESS URBAN FORESTRY PROGRAM.
3
City Council Minutes June 11, 1990 4 3
Item #18: Consideration of Recommendations from the Traffic Commission
Meeting of May 15, 1990.
Recommendation: That the City Council approve the recommendation of the
Traffic Commission and adopt a Resolution by title only, title as follows,
approving the installation of "No Parking Anytime" areas on the west side of
Walker Street, 50' north, and 30" south of the driveway at the Cypress Creek
Apartments, 8603 Walker Street.
RESOLUTION N0. 3771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING
"NO PARKING ANYTIME" AREAS ADJACENT TO THE DRIVEWAY AT CYPRESS CREEK
APARTMENTS, 8603 WALKER STREET.
Item #20: Continuation of Consideration of City Tree Policies.
Recommendation: That the City Council direct staff to continue to promote
applications for members of the Cypress Advisory Tree Committee for an
additional 30 days and return to the City Council with the results of this
effort on July 23, 1990.
Item #21: Consideration of Animal Control Service Contract.
Recommendation: That the City Council approve the 1990/91 Animal Control and
Animal Shelter Contract with the County of Orange and authorize the Mayor to
sign, the City Clerk to attest the Agreement, subject to the approval of the
City Attorney.
END OF CONSENT CALENDAR
Regarding Consideration of Acceptance of Final Tract Map Nos. 14153 and 14154
(Phase II), and Nos. 14155 and 14156 (Phase III) (former Texaco Tank Farm
Site), Mayor Age stated that she will be abstaining on this item due to her
employer, Security Pacific Bank, being a major lender on this property.
Councilmember Arnold advised that she also would abstain on this item because
she performed a consulting function for the developer and received in excess
of $250.00.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve Final Tract Map Nos. 14153, 14154, 14155, and 14156 and accept the
bonds for public improvements for Phase II in the amount of 31,326,000, and
for Phase III in the amount of $630,000, which are not less than 50% nor more
than 100% of the total improvements and authorize the City Clerk to sign the
Record Map. The motion carried by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Bowman and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
ABSTAINED: 2 COUNCILMEMBERS: Age and Arnold
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 revising a portion of the Zoning Ordinance.
ORDINANCE N0. 850
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
CLOSED SESSION: A recess was requested by Mayor. Age to enable the
Councilmembers to enter closed session to consider personnel and litigation.
The meeting reconvened at 7:36 p.m. with all Councilmembers present except
Mayor Pro Tem Kanel. Staff members present were: Beardsley, DeCarlo, Eynon,
Storey and Wicker.
4
-
City Council Minutes June 11, 1990
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman.
PRESENTATIONS: Resolutions of Commendation were. presented by Mayor Age to
Cypress citizens Kathy Ann Smith and David Wayne Anaya for their actions in
saving the lives of .others, Both Kathy and David provided the Council with
accounts of their heroic deeds.
Mayor Age presented a Resolution of Commendation to Police Officer Shari Lynn
Francois Shovlin for her outstanding performance working with children in the
D.A.R.E. program.
Ms. Dulcie Moore, President of the Women's Club of Cypress, who, on behalf of
the Cypress Women's Club and the National Federation of Women"s Clubs,
presented a check to the City for the planting of an oak tree at the Cypress
Community Center.
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.
No one wished to speak.
The City Manager reviewed those Council actions taken during the 5:30 portion
of the City Council meeting.
The City Attorney referred to those three items considered during closed
session, which were agreements regarding fiscal review committee and the
redevelopment matters, the status of the City of Los Alamitos vs. City of
Cypress litigation and a potential litigation matter in non-performance of a
contract for the fuel facility.
Mayor Age asked for a show of hands of those people who were in the audience
for the public hearings on the Redevelopment Projects.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
move Items No. 28 and 29 forward and prior to that, move the Redevelopment
Agency matters forward also. 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 7:58 p.m. to allow the Council to
act as the Redevelopment Agency. The meeting reconvened at 8:06 p.m. with all
Councilmembers present except Mayor Pro Tem Kanel.
CONSIDERATION OF JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE CYPRESS
REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF THE REDEVELOPMENT PLAN AND THE
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE LINCOLN AVENUE
REDEVELOPMENT PROJECT: Mayor Age opened the public hearing. The Planning
Director summarized the staff report dated June 5, 1990, which indicated that
this public hearing is the culmination of many steps involved in implementing
the formation of a redevelopment project area. Separate actions are required
from the Cypress Redevelopment Agency and the Cypress City Council in order to
complete the Plan adoption process. Prior to any action on the Redevelopment
Plan, the Cypress Redevelopment Agency and the Cypress City Council must take
actions certifying the Environmental Impact Report (EIR).
Mr. Brice Russell, GRC Redevelopment Consultants, Inc., commented that the
Agency"s report to the City Council, including attachments, are a record of
the public hearing and provided the primary evidentiary record that documents
the physical, social and economic conditions in the proposed project area,
which has given rise to this hearing and the Agency and Council considerations
of this redevelopment project. Included in the report were the methods the
Agency proposed to use to finance the project, specific project description,
report and recommendation of the City"s Planning Agency and the Project Area
Committee, the report of the County Fiscal Officer and the Fiscal Review
Committee and Agency"s response. Also attached was additional correspondence
between the staff of the redevelopment agency, the consultants and affected
taxing agencies with respect to this project. The Agency had published a
5
City Council Minutes June 11,.1990
4~3
notice once a week for four weeks and had mailed by certified mail a notice of
the hearing tonight.
Mayor Age asked if anyone wished to speak in support of the project. No one
wished to do so.
She asked if anyone wished to speak in opposition to the redevelopment
project.
Jack Stevens, Pastor, Calvary Chapel of Cypress, 5202 Lincoln Avenue, Cypress,
asked that the Council consider removing their property from the redevelopment
agency known as the Lincoln Avenue project and provided several reasons for
his request.
The following people also requested that the Calvary Chapel of Cypress
property be removed from the Lincoln Avenue Redevelopment Project:
Mr. Bill Handrahan, mortgage banker, Cypress
Mr. Kim Pridmore, 5077 Cumberland Drive, Cypress
Mr. Ken Rowe, 551 South Lexington, Anaheim, represented a 41 year resident of
Cypress owning property at 9262 Walker Street and 9192 Walker Street, who
wished to be excluded from the Lincoln Avenue Redevelopment Project.
Mr. Cleophus Valerio, 9096 Walker Street, Cypress, owns commercial property on
Walker, would like to remain at this location and has plans for that property.
Mr. Brice Russell explained how any negotiations or any contemplated
acquisition of property under the redevelopment agreement would be effected
and the concept of "eminent domain."
The City Manager re-emphasized that the creation of this redevelopment agency
is not for the City to buy property, but creating a plan to assist those
owners in enhancing their properties and a redevelopment agency would be in a
position to help financially. He assured the audience that it is not the
intent of the City or the Council to take their property.
Mr. Doug Shawl, Assistant Pastor of Calvary Chapel of Cypress, presented the
Council with a petition, to be made part of the record, requesting the church
property be removed from the Lincoln Avenue Redevelopment Agency. Mr. Bob
Mize, Principal of Calvary Chapel Christian School, 5202 Lincoln Avenue,
Cypress, presented the Council with a petition signed by 172 parents.
Other individuals requesting removal of the Church property or their property
from the Lincoln Avenue Redevelopment Agency Project and questioning "eminent
domain," and the possibility of the church buildings being a potential site
for a cultural arts center were:
Mr. Robert Lisle, property owner, 4902 Lincoln Avenue, Cypress
Ms. Valerie Pugsley, 7545 Katella Ave., #130, Stanton
Pastor Jack Smith, Calvary Chapel of Cypress
Ms. Elvira Krueger, 6565 Mauna Loa Drive, Buena Park
Ms. Rosa Clyburn, 9262 Walker Street, Cypress
Mr. Gil Arbiso, 10882 Flower Street, Stanton
Mr. Mark Lawn, 5826 Guatemala Way, Buena Park
Mr. Del Walters, 5181 Canterbury Drive, Cypress
Ms. Pamela Beach, 4061 Green Avenue, Los Alamitos
Mrs. Debra Jones, 3052 Linrose Drive, Anaheim
Mrs. Carolyn Lawn, 5826 Guatemala Way, Buena Park
Ms. Derrick Wilkes, 6460 Crescent Avenue, Cypress
Mr. Ted Hill, 10001 St. Vincent Cr., Cypress
Mr. Brent Kim, 4861 Lincoln Avenue, Cypress
Ms. Jane Tochihara, 4586 Everest Cr., Cypress
Ms. Bonnie Millington, 3421 Alinda Lane, (no City given)
Mr. Wayne Truhan, 9705 Dorian Drive (no City given)
Ms. Betty Mackie, 8112 San Helise Cr. Buena Park
Mr. Dana Small, 3618 W. Orange Avenue, Anaheim
Mr. Patrick Oswald, 2421 E. Ball Road, Anaheim
Mr. Anthony Sabreros, Cypress
Mrs. Lee Folgerater, 6421 Carolina Cr., Buena Park
Ms. Doris Schull, 535 Los Altos, Long Beach
Ms. Ruth Dixon, Long Beach
6
4 ~ 4 ~ ,
City Council Minutes June 11,.1990
Ray, Anaheim
Mr. David O'Goren, 4802 Elvin Drive, La Palma
Mr. Jerry Cleland
Mr. William Moss, 4781 Kent Cr., La Palma
Mr. Michael Greenberg, 4912 Casa Oro Dr., Yorba Linda
Ms. Gemma Hensley, Cypress
Melissa Tudor, 2130 W. Crescent Avenue, 1214, Anaheim
Mr, Joe Palminteri, 9091 Holder St., Cypress
RECESS: Mayor Age recessed the meeting at 10:00 p.m. The meeting reconvened
at 10:11 p.m, with all Councilmembers present except Mayor Pro Tem Kanel.
Mayor Age thanked all the people for attending the meeting and she then closed
the public participation.
Councilmember Arnold asked if the Council had the authority to exclude certain
properties from the Redevelopment Plan without affecting the Plan and the City
Manager responded that it was his understanding that they had that authority
as the City Council and as the Redevelopment Agency.
Mr. Brice Russell outlined the advantages and disadvantages to the church and
discussed the right of the Agency to exclude this property if desired. The
benefits of being in redevelopment vary greatly with what the property owner
wished to do with the property and the church property was included because it
is a part of the commercial corridor.
Councilmember Arnold stated she would support any request by the Council to
exclude the church property from the Lincoln Avenue Redevelopment Plan, even
though she felt there would be no harm to the church if it remained within the
Plan.
Councilmember Kerry asked if the church building were earthquake safe and
after some discussion, it could not be determined that the chapel building was
subject to earthquake correction; that there had not been a structural
inspection made of the interior; therefore, the building cannot be designated
in that category.
Councilmember Bowman remarked that if some of the property owners wanted to be
removed from the Plan, they must have the legal authority to act on behalf of
that property.
The Recreation and Park Director stated that they are in the process of
listing the site of the Calvary Chapel building on the National Register for
Historical Sites.
Councilmember Kerry advised that she viewed redevelopment as a tool to the
property owners to either rebuild, remodel or to otherwise enhance their
property. The advantage of eminent domain is upon sale of the property,
certain tax and relocation advantages can be realized. She voiced a concern
about eminent domain because of the fear it created in the minds of the
property owners and was not convinced that the power of eminent domain was
needed on the Lincoln Avenue Redevelopment project.
Mr. Russell provided some historical information on why redevelopment was
started on Lincoln Avenue, the problem properties and how benefits must be
apparent before the tool of eminent domain is exercised. He explained what
could happen under redevelopment and how it would be applied. The plan does
include eminent domain which has some benefits to the Redevelopment Agency and
to owners whose property may be acquired.
The City Manager reviewed the history of the redevelopment plan for Lincoln
Avenue which is an issue that the business community has supported.
After some discussion, the Mayor asked the City Manager if any written
objections had been received to the Plan. The City Manager responded that
there was one piece of correspondence received that had also asked for the
Calvary Church to be excluded from the redevelopment plan.
It was moved by Councilmember Bowman to continue this item to give adequate
time to staff and the property owners that want to exclude themselves from the
plan. He advised that it was important to note that if they do opt out of the
plan, they do have the right to come back into the plan but it"s more
7
4~~
City Council Minutes June 11, 1990
difficult. He also advised that he-felt the fears about eminent domain were
generally unfounded.
The City Attorney suggested the public hearing be closed, the Agency and the
City Council act on the EIR tonight and then continue this item. The Agency
take whatever action they are going to take and perhaps direct the Planning
Department to provide a report for the adjourned regular meeting of June 18,
1990. The City would have to look at those properties requesting exclusion
and determine if they have the legal authority to make the request come back
with a report on June 18.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
" ' close the public hearing. 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 Agency Member Bowman and seconded by Agency Member Arnold to
adopt the Resolution by title only, title as follows, certifying the Final
Environmental Impact Report on the Redevelopment Plan for the Lincoln Avenue
Redevelopment Project and making certain findings.
CRA N0. 63
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ON THE REDEVELOPMENT PLAN FOR THE LINCOLN
AVENUE REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS.
The motion unanimously carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 AGENCY MEMBERS: None
- ABSENT: 1 AGENCY MEMBERS: Kanel
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, certifying the Final
Environmental Impact Report on the Redevelopment Plan for the Lincoln Avenue
Redevelopment Project and making certain findings.
RESOLUTION N0. 3772
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT ON THE REDEVELOPMENT PLAN FOR THE
LINCOLN AVENUE REDEVELOPMENT PROJECT ANO MAKING CERTAIN FINDINGS.
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 Agency Member Bowman and seconded by Agency Member Arnold to
continue this item to June 18, 1990 and recommended that the City Council
consider the exclusion of the church property from the Lincoln Avenue
Redevelopment Project; a Planning staff report be provided showing all those
properties wishing exclusion; that they have the legal authority to request
exclusion and to take action on those properties as they come before Council.
The motion unanimously carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Kanel
Mayor Age requested that all other property owners who desire to be exempted
from the Redevelopment Plan to meet with staff with their requests; however,
first study the benefits offered by the redevelopment program.
The City Manager asked that all requests be in the Planning Department by
Wednesday.
8
City Council Minutes June 11, .1990
RECESS: Mayor Age called for a recess at 11:15 p.m. and reconvened the
meeting at 11:24 p.m. with all Councilmembers present except Mayor Pro Tem
Kanel.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue the meeting past the hour of 11:30 p.m. The motion carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Age
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 1 COUNCILMEMBERS: Kanel A
CONSIDERATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE CYPRESS
REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF THE REDEVELOPMENT PLAN AND THE
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE LOS ALAMITOS RACE
TRACK AND GOLF COURSE REDEVELOPMENT PROJECT: Mayor Age opened the public
hearing. The City Manager called upon the Planning Director to summarize the
staff report dated June 5, 1990, which indicated that this public hearing is
the culmination of the many steps involved in implementing the formation of a
redevelopment project .area and separate actions are required from the Cypress
Redevelopment Agency and the Cypress City Council in order to complete the
Plan adoption process. Prior to any action on the Redevelopment Plan, the
Cypress Redevelopment Agency and the Cypress City Council must take actions
certifying the Environmental Impact Report (EIR).
Mr. Brice Russell, GRC Redevelopment Consultants, Inc., indicated, for the
record, that the Agency's report to the City Council, including attachments,
are a record of the public hearing and provided the primary evidentiary record
that documents the physical, social and economic conditions existing in the
proposed project area, which has given rise to the hearing tonight and the
Agency and Council considerations of this redevelopment project. Included in
the report are the methods the Agency proposes to use to finance the project,
specific project description, a redevelopment plan, EIR and relocation plan.
The report also includes the report and recommendation of the City"s Planning
Agency, Neighborhood impact report, the report of the County Fiscal Officer
and the report of the Fiscal Review Committee and Agency response. Also
attached is additional correspondence between the staff of the redevelopment
agency and the consultants and affected taxing agencies with respect to this
project. Finally, he noted that the Agency has published a notice once a week
for four weeks and had mailed by certified mail a notice of the hearing
tonight.
Mayor Age asked if anyone wished to speak in support of or opposition to the
Plan. No one did so.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing. 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 Agency Member Kerry and seconded by Agency Member Bowman to
adopt the Resolution by title only, title as follows, certifying the Final
Environmental Impact Report on the Redevelopment Plan for the Los Alamitos
Race Track and Golf Course Redevelopment Project and make certain findings.
CRA N0. 64
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ON THE REDEVELOPMENT PLAN FOR THE LOS
ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AND MAKING
CERTAIN FINDINGS.
The motion unanimously carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Kanel
9
C_,~ff
4~7
City Council Minutes June 11, 1990
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, certifying the Final
Environmental Impact Report on the Redevelopment Plan for the Los' Alamitos
Race Track and Golf Course Redevelopment Project and making certain findings.
RESOLUTION N0. 3773
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND_GOLF COURSE
REDEVELOPMENT PROJECT AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT ON SAID REDEVELOPMENT PLAN.
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
The City Attorney read the Ordinance title approving and adopting a
redevelopment plan for the Los Alamitos Race Track and Golf Course, which the
Planning Commission has considered the changes regarding the General Plan
Amendments, Zoning and the vote of the people and those changes were reflected
in the Ordinance which is ready for adoption.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
approve the first reading of the Ordinance, as amended, by title only, title
as follows, adopting the Redevelopment Plan for the Los Alamitos Race Track
and Golf Course Redevelopment Project.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND
ADOPTING A REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF
COURSE REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR
SAID PROJECT.
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: CONDITIONAL USE PERMIT
N0. 90-8, ELEVEN UNIT MOTEL, 5271 LINCOLN AVENUE: The Mayor declared the
public hearing open. The staff report dated June 4, 1990 indicated that the
applicant and staff requested this item be continued.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue to the meeting of July 9, 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 PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT N0. 86-35, ON-SITE CAR RENTAL: Mayor Age opened the hearing. The
City Manager called upon the Planning Director to present the staff report
dated May 30, 1990 which represented a request to operate an on-site car
rental service at the Ramada Inn located at 5865 Katella Avenue. She reported
that Condition No. 8 will be added, which reads, "No servicing, washing or
- - cleaning of vehicles will be done on site." In accordance with the
requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project. The applicant wanted to expand
the rental car package beyond the scope of hotel guests and staff is
recommending that any modification be studied. Notices of this public hearing
were posted, published and mailed to all property owners within 300 feet of
the subject parcel.
The applicant, Chuck Hicks, 10669 Charles Circle, Cypress, Secretary for the
Mackie Corporation, and Rick Gaed, 9451 Julie Beth, Cypress, General Manager
of the Ramada Inn, stated that they have no plans to install large signs on
10
City Council Minutes June 11,1990
the Ramada Inn building. Mr. Hicks expressed a concern about Condition No. 4,
the primary goal of the car rental is to serve hotel guests and requested the
opportunity to rent cars to local Cypress citizens with the understanding that
priority be given to hotel guests. He then answered questions from the
Council.
No one else wished to speak in support of or opposition to the application.
Councilmember Bowman stated that he had no concern with renting cars to people
other than hotel guests. _
Councilmember Kerry requested that there be a condition no. 9 added that
limits the age of the rental cars to two model years.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
close the public hearing, certify the Negative Declaration as prepared
according to the requirements of the California Environmental Quality Act and
approve amendment to Conditional Use Permit 86-35, subject to conditions as
amended and added. 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: MODIFICATION OF CYPRESS CORPORATE CENTER
LANDSCAPE MAINTENANCE DISTRICT N0. 1 FOR FISCAL YEAR 1990-91 CITY OF CYPRESS
PROJECT N0. 8615-90: Mayor Age opened the public hearing. The City Manager
asked the Public Works Director to review the .staff report dated May 29, 1990,
which indicated this is an annual item needed to set the rate for the
assessment and the amount is 514,223.51 spread among the various industrial
properties that are within the boundaries of the District. Affidavits of
posting and publication of these notices are on file in the office of the City
Clerk.
Mayor Age asked if anyone wished to speak in support of or opposition to the
proposed assessment. No one did so.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
close the public hearing, adopt the Resolution by title only, title as
follows, ordering the modification of Cypress Corporate Center landscape
Maintenance District No. 1 for Fiscal Year 1990-91, pursuant to the
Landscaping and Lighting Act of 1972.
RESOLUTION N0. 3774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ORDERING THE MODIFICATION OF THE CYPRESS CORPORATE CENTER LANDSCAPE
MAINTENANCE DISTRICT N0. 1 FOR FISCAL YEAR 1990-91, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND
ASSESSMENT THEREOF.
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: VARIANCE N0. 90-9 COMBINATION BLOCK AND
WROUGHT IRON FENCE IN FRONT YARD SETBACK. 9711 JUANITA STREET, CYPRESS: The
public hearing was opened by Mayor Age. The Planning Director presented the
staff report dated June 4, 1990, which represented a request for a variance
from Section 9.6.A. of the City of Cypress Zoning Ordinance to allow the
installation of a six foot high combination block and wrought iron fence
within the required 20 foot front yard setback. The Planning Director advised
that a phone call was received asking if the fence would block the home,
because of the historical value of the home, they wanted it visible. In
accordance with the California Environmental Quality Act, the proposed project
has been determined to be categorically exempt. Notices of the public hearing
have been posted, published and mailed to all property owners within a 300-
foot radius.
11
C°A''%2
C i t Counc i 1 Minutes 9
y June 11, 1990
The applicant was not present and no one wished to speak in support of or in
opposition to the project.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing and approve Variance No. 90-7, subject to conditions.
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 N0. 90-11
CONSTRUCT DOUBLE DECKER DRIVING RANGE 4561 KATELLA AVENUE CYPRESS: The
public hearing was declared open by Mayor Age. The City Manager requested the
Planning Director summarize the staff report dated May 25, 1990, which
represented a request to construct a double decker driving range at 4561
Katella Avenue. In accordance with the requirements of the California
Environmental Act, a Negative Declaration will be filed for this project.
Notices of the public hearing have been posted, published and mailed to all
property owners within a 300-foot radius,
Mr. Bill Waddle, 4322 Crescent Avenue, Cypress, volunteered to answer any
questions from the Council.
Mayor Age asked if anyone wished to speak in favor of or against the project.
No one wished to do so.
It was moved by Councilmember Kerry and Councilmember Bowman to close the
public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 90-11, subject to conditions. 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 REESTABLISHMENT OF THE CITY'S PLANNING
COMMISSION: It was moved by Councilmember Bowman and seconded by
Councilmember Arnold to continue this item to the adjourned regular meeting of
June 18. The City Attorney advised to the Council that if this item is to be
put to a vote of the people, everything will have to be acted upon and
provided to the County by August 10. Councilmember Kerry requested that the
June 18 meeting be televised. 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 AMENDMENT TO RESIDENTIAL DENSITY BONUS POLICY
SECTION 9.2 OF THE CYPRESS ZONING ORDINANCE: It was moved by Councilmember
Kerry and seconded by Councilmember Bowman to continue this item to the
meeting of July 9, 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 an item needed to be added to the Agenda under New
Business and asked for a motion to that effect. The City Attorney advised
that there had been difficulty with a contractor who is providing services to
the City at the Fuel Facility. The contractor is having difficulty in
performing and requested permission to withdraw from the contract. The
recommendation is that the City allow the contractor to withdraw pursuant to
their letter of request but deny the cancellation of the bonds. The motion
required a four-fifths vote to 'consider this item which arose subsequent to
the preparation of the agenda. It was moved by Councilmember Arnold and
seconded by Councilmember Kerry to add this item to the agenda as No. 31a.
The motion unanimously carried by the following roll call vote:
12
` j'/~3
City Council Minutes June 11, 1990
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
allow the Fuel Facility contractor to withdraw from the contract but deny
their request for return of the bonds. 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
The Public Works Director advised that the next lowest responsible bidder was
Tetra Tech, Inc., 630 North Rosemead Blvd., Pasadena. The amount of the bid
was $138,117.00, is based on 2,000 cubic yards of earth, which will increase;
however, any increase in unit quantities will be brought back to Council in a
Change Order. It was moved by Councilmember Kerry and seconded by
Councilmember Bowman to determine that Tetra Tech, Inc., 630 North Rosemead
Blvd., Pasadena, is the next lowest responsible bidder and approve the award
of contract to that firm in the amount of $138,117.00. 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 CO-APPLICATION WITH THE COUNTY OF ORANGE AND OTHER ORANGE
COUNTY CITIES FOR A CALIFORNIA ENERGY COMMISSION (CEC) SITING AND PERMIT
ASSISTANCE GRANT: The City Manager presented the staff report dated June 6,
1990, which indicated that the City would tag onto the County's application
for assistance and the only out-of-pocket costs would be staff attendance at
various meetings.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
approve the City of Cypress" participation as a co-applicant with the County
of Orange on the California Energy Commission Siting and Permit Assistance
Grant as outlined in the report. Councilmember Kerry requested that whoever
attends the various meetings make sure that whatever equipment is set up to be
removed at the end of its usefulness. 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 CYPRESS BUSINESS AND PROFESSIONAL CENTER FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING COMPLIANCE AGREEMENT FOR
PROPERTY SURROUNDING THE LOS ALAMITOS RACE TRACK: The Planning Director
summarized the staff report dated June 5, 1990, which indicated a response to
the Mitigation Monitoring Program adopted with the Final EIR for the Cypress
Business and Professional Center Specific Plan and is an agreement between the
City and the property owner that they will comply.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
authorize the City Clerk to execute the Cypress Business and Professional
Center Mitigation Monitoring Compliance Agreement. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age ~""`g'
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kanel
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 39345 -
39616: It was moved by Councilmember Kerry and seconded by Councilmember
Bowman to approve Warrants No. 39345 through 39616 in the amount of
$1,006,820.49. 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
13
441
City Council Minutes June 11,1990
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Bowman reported that he had two matters mentioned to him: one
was in regard to the band concerts that are being held on the City Hall lawn
and the other is the invasion of rabbits from the Nature Park into Tanglewood.
What does it take to get the rabbits out of Tanglewood and back into the
Nature Park. The City Manager suggested the matter be taken under advisement
and be reviewed by staff.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 12:15 a.m. to Monday, June
18, 1990 at 5:30 p.m.
Y OF THE CIT OF CYP ESS
ATTEST:
CITY LERK T IT 0 YPRESS
14