Minutes 90-07-09 4~9
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
July 9, 1990
A Regular Meeting of the Cypress City Council was called to order at 3:31
p.m., Monday, July 9, 1990, in the City Council Chamber, 5275 Orange Avenue,
Cypress, Mayor Cecilia Age presiding.
PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age
ABSENT: None
INTERVIEWS WITH CONSULTANTS FOR SIGN ORDINANCE UPDATE: The City Council
members conducted interviews with three consultants specializing in sign
ordinance updates in order to determine which organization could best serve
the City. The three firms interviewed were The Planning Center, Urban Design
Studio and Hellmuth, Obata b Kassabaum.
Mayor Age called the 5:30 p.m, portion of the Council meeting to order with
all Councilmembers present and staff members Beardsley, DeCarlo, Krauss,
Storey and Eynon also present.
The City Manager summarized the 3:30 p.m. portion of the Agenda wherein the
City Council interviewed the three candidates to provide professional services
to prepare an update to the City's existing sign ordinance.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
PRE5ENTATION: Mrs. Penny Dash, 1990 Chairperson of the Cypress Festival
Committee, presented each Councilmember with memorabilia advertising the City
of Cypress' 10th Annual Community Festival and announced the events to be held
preceding the Festival.
Regarding the Sign Ordinance Update consultants, it was moved by Councilmember
Kanel and seconded by Councilmember Bowman to move this item to the 7:30 p.m.
portion of the meeting under Deferred Business as Item No. 24(a).
Councilmember Kanel stated there was additional information he wished to
study. Councilmember Arnold registered her objection to the delay and if it
is to be delayed, it should be the very first item considered under the 7:30
Agenda. The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kanel and Age
NOES: 2 COUNCILMEMBERS: Arnold and Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
Councilmember Kerry requested Item No. 13, Consideration of Design Review
Committee No. 90-22, Installation of Pole Sign, Acacia Realty, 5352 Lincoln
Avenue (incorporating the use of off-premise advertising for Cypress Mini-
Storage), be removed from the Consent Calendar for further discussion.
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
approve the Consent Calendar Items No. 2 through 16 with the exception of Item
No. 13. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item ill: Consideration of Approval of City Council Minutes of June 18, 1990
and June 25, 1990.
Recommendation: That the City Council approve the Minutes of June 18, 1990
and June 25, 1990, as submitted.
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City Council Minutes July 9, 1990
Item #3: Motion to Introduce and/or Adopt All Ordinances Presented For '
Consideration by Title Only and to Waive Further Reading.
Item #4: Consideration of Monthly Investment Program for the Month of May
1990.
Recommendation: Receive and file.
Item #5: Consideration of Resolution Commending the Anaheim General Hospital
on its 25th Anniversary.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending the Anaheim General Hospital on its 25th
Anniversary.
RESOLUTION N0. 3784
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
ANAHEIM GENERAL HOSPITAL ON ITS 25TH ANNIVERSARY.
Item #6: Consideration of Appointment of Assistant City Attorneys.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, designating M. Lois Bobak and John E. Cavanaugh as Assistant
City Attorneys.
RESOLUTION N0. 3785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS NAMING ASSISTANT
CITY ATTORNEYS.
Item #7: Consideration of Design Review Cortxnittee's Approval of DRC #90-24.
Recommendation: Receive and file.
Item #8: Continuation of Consideration of Amendment to Residential Density
Bonus Policy Section 9.2 of the Cypress Zoning Ordinance.
Recommendation: That the City Council direct staff to return to Council on
July 23, 1990 and commence with an amended ordinance to this policy with the
changes proposed.
Item #9: Consideration of a Resolution Establishing the City's Appropriation
Limit.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, establishing the City"s appropriation limit to be
120,463,335.
RESOLUTION N0. 3786
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE
CITY'S APPROPRIATIONS LIMIT FOR THE 1990-91 FISCAL YEAR.
Item #10: Consideration of Request for House Number Painting on Curbs by the
John F. Kennedy High School Band and Color Guard Booster Club.
Recommendation: That the City Council approve the request from John F.
Kennedy High School Band and Color Guard Booster Club for curb house number
painting and authorize the issuance of a no-fee Public Works Permit.
Item #11: Consideration of Acceptance of Final Parcel Map No. 89-363, Project
8964 (Northwest corner of Katella Avenue and Valley View Street).
Recommendation: That the City Council: 1) Adopt the Resolution by title
only, title as follows, finding that the relocation of a portion of the
Katella Avenue Bike Trail is in conformance with the City's General Plan, and
that the existing bike trail easement is no longer needed for public purposes;
and 2) Approve Final Parcel Map No. 89-363 and accept the Bond for public
improvements in the amount of 556,000.00, which is not less than 50% nor more
than 100x of the total improvements, and authorize the City Clerk to sign the
Record Map.
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City Council Minutes July 9, 1990
RESOLUTION N0. 3787
A RESOLUTION OF THE CITY COUNCIL, ACTING AS THE PLANNING AGENCY OF THE
CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, FINDING THAT THE
ABANDONMENT OF A PORTION OF THE KATELLA AVENUE BIKE TRAIL IS IN
CONFORMANCE WITH THE CITY'S GENERAL PLAN.
Item 1112: Consideration of Renewal Changes in the OCCRMA Excess Workers
Compensation Program.
t Recommendation: Receive and file.
Item 1114: Consideration of Adoption of a Modification to the City Building
Codes by Adding a Chapter for the Mitigation of Unreinforced Masonry
Buildings.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, setting the date of Monday, August 13, 1990, at 7:30 p.m.,
as the day, date, and time for a public hearing to hear any objections to
adding a Chapter to the Building Code establishing a Hazardous Building
Mitigation Program, and approve the first reading of the Ordinance by title
only, title as follows.
RESOLUTION N0. 3788
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING A PUBLIC
HEARING FOR CONSIDERATION OF AN ORDINANCE, TITLE AS FOLLOWS: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 5,
"BUILDINGS" OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION OF
SECTION 5-2(A)(19) WHICH MODIFIES THE 1988 EDITION OF THE UNIFORM
BUILDING CODE AS ADOPTED BY SAID CITY, BY ADDING CHAPTER 71, FOR THE
PURPOSES OF IDENTIFICATION OF 5EISMIC HAZARDS AND THE MITIGATION THEREOF
AS REQUIRED BY GOVERNMENT CODE SECTION 8875 ET SEQ."
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER
5, "BUILDINGS" OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION OF
SECTION 5-2 (A)(19) WHICH MODIFIES THE 1988 EDITION OF THE UNIFORM
BUILDING CODE AS ADOPTED BY SAID CITY, BY ADDING CHAPTER 71, FOR THE
PURPOSES OF IDENTIFICATION OF SEISMIC HAZARDS AND THE MITIGATION THEREOF
AS REQUIRED BY GOVERNMENT CODE SECTION 8875 ET SEQ.
Recreation & Park District Matters:
Item H15: Consideration of Attendance of the Recreation & Park District
Director to the National Recreation and Park Association Conference.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, authorize the
attendance of Marvin DeCarlo, Recreation and Park District Director, to attend
the 1990 National Recreation b Park Association Conference to be held on
October 11-15, 1990, in Phoenix, Arizona, and be reimbursed for all actual and
necessary expenses incurred.
Item #16: Consideration of a Resolution Establishing the Cypress Recreation
and Park District's Appropriation Limit.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, establishing the District's
appropriation limit to be 52,276,874.
RESOLUTION N0. 168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO
GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE
CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE
1990-91 FISCAL YEAR.
END OF CONSENT CALENDAR
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Councilmember Kanel asked for clarification on Item No. 6 of the Consent
Calendar which designated Assistant City Attorneys, adding another Assistant
and changing the existing Assistant,
Regarding the Installation of a Pole Sign, Acacia Realty, 5352 Lincoln Avenue,
Councilmember Kerry expressed concern about the pole sign which proposed to
incorporate advertising for an off-premise business, Cypress Mini-Storage, and
it seemed inappropriate at this time to be considering something that may or
may not be desirable once the Sign Ordinance update is reviewed. She
requested that this item be delayed for six months to allow the consultants to
return to the Council with an updated ordinance. Councilmember Arnold
supported the comments expressed by Councilmember Kerry.
After some explanation, the Planning Director suggested that the exact sign
dimensions as compared to the code be brought back to Council at the next
meeting. The City Manager advised that Acacia Realty could put that pole sign
up today without Cypress Mini-Storage. r
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
continue this item to the meeting of July 23, 1990 for additional information.
Councilmember Bowman stated he didn't favor six months because he felt the
owner should have an opportunity to take the name of the second business off
the sign. Responding to Councilmember Arnold, the City Attorney replied that
it was possible to place a moratorium on signage on Lincoln Avenue until the _
study is completed in six months with a four-fifths vote. She stated she
would support continuing the item to the meeting of July 23, 1990. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, approving CUP No. 90-10.
RESOLUTION N0. 3789
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 90-10 - WITH CONDITIONS (DRIVE-THRU
RESTAURANT AND RETAIL CENTER, 5501 AND 5591 BALL ROAD.)
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, approving CUP No. 90-12.
RESOLUTION N0. 3790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 90-12 - WITH CONDITIONS (MEXICAN RESTAURANT
WITH ONSITE SALE OF GENERAL ALCOHOL, SOUTHWEST CORNER OF VALLEY VIEW
STREET AND CERRITOS AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving Tentative
Parcel Map No. 90-241.
RESOLUTION NO. 3791
A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE PARCEL MAP N0. 90-
241 - WITH CONDITIONS (DIVISION OF 8 PARCELS, NORTHWEST CORNER OF
KATELLA AVENUE AND WALKER STREET).
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City Council Minutes July 9, 1990
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Age recessed the meeting at 6:12 p.m. to enable the
Council to enter closed session to discuss matters of personnel and
litigation. The meeting reconvened at 7:41 p.m. with all Councilmembers
present. Staff members Barrett, Beardsley, DeCarlo, Eynon, Krauss and Storey
were also present.
u PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Arnold.
The City Manager summarized those actions taken by the City Council during the
5:30 p.m. portion of the Agenda.
The City Attorney reviewed the discussions held during Closed Session on a
worker"s compensation appeals board settlement, potential litigation in the
area of redevelopment and litigation involving the Cities of Cypress and Los
Alamitos.
PRESENTATION: Mr. Paul Takayama, representing Senator Cecil Green"s office,
16100 Pioneer Blvd., Ste. 170, Artesia, presented a Certificate of Recognition
to the Mayor and Council for the 10th Annual Cypress Community Festival.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, referred to the Cypress City
News, asked who enforced the ordinances and suggested hiring a code
enforcement person.
The Planning Director reported that there are probably 30 to 50 violations per
month that are abated and it has been proven to be a very successful program.
Councilmember Kerry stated that there are rules and regulations to abide by
and investigations are made on the basis of complaint.
Mr. Carl Eriksen, 5832 Crestview Cr., La Palma, representing the John F.
Kennedy High School Band and Color Guard Booster Club, recognized that the
item he is in attendance for was Item No. 10 on the 5:30 p.m. Agenda. He
requested that the ceiling for the donation be raised above the $5.00 maximum
as expressed in the Public Works policy.
The City Manager advised that currently there is a policy that limits the
maximum donation to $5.00.
Responding to Mayor Age, the City Attorney answered that a motion needed to be
made to reconsider by any member and a second to reconsider to reapprove and
insert whatever maximum dollar amount Council wishes.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
reconsider Request for House Number Painting on Curbs by the John F. Kennedy
High School Band and Color Guard Booster Club. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
approve House Number Painting on Curbs with an increase of the maximum
allowable donation to $10.00. Councilmember Kanel clarified that it was
purely voluntary on the part of those people that wished to donate.
Councilmember Arnold stated that she will vote against the item because
anyone, at any time can donate to the cause if they wish and she is opposed to
attaching any dollar amount to a suggested donation for curb painting. She is
strongly supportive of having a non-profit agency do the painting and
receiving the donation.
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The City Attorney suggested removing the present language and take any
reference to the Council out of the policy. Councilmember Kanel stated that
any reference to "City Council" does not need to be on the literature.
After further discussion, the City Attorney explained that curb painting is
not addressed in the code, it"s a Public Works Department policy amended by
the Council stating a $5.00 maximum donation. This Council can change that by
a motion which would specify no amount, delete the currently stated amount or
a different amount. Councilmember Bowman stated he did not have a problem
with raising the maximum donation to $10.00. Councilmember Arnold voiced her
objection to referencing a dollar amount.
Councilmember Kerry agreed to amend her motion, with a second by Councilmember
Arnold, that the letter that does go out does not reference the City Council
or suggest any amount of money as a donation and the policy be changed to read
that any letter should have prior approval of the Public Works Department.
The Public Works Director suggested that his department develop a form to be
handed out by groups. Councilmember Arnold suggested removing the reference
to City Council from the policy. Councilmember Kerry advised that her motion
stated that reference be eliminated from the policy and if staff wishes to
then review the policy, supply verbiage and return to the Council, that would
be acceptable. Councilmember Kanel commented that the letters ought to go to
the City Attorney first. A diagram showing areas of the City where curb
painting has taken place during the past year should be available.
After additional discussion, a vote was taken and the motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Arnold and seconded by Councilmember Bowman that
the reservations policy for the Community Center be placed on the July 23,
1990 Agenda for review by the Council. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
consider a joint Council meeting between the City of Cypress and the City of
Los Alamitos to discuss some of the problems and concerns in order to better
understand the situation so a conclusion can be reached on the mutual
problems. The Mayor and Councilmembers concurred. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In response to Councilmember Kerry, the Public Works Director advised that
based on traffic studies, Cypress needed a series of physical improvements to
the roadway system in order to meet the traffic growth that was projected in
the area and a fee structure of $.47 per square foot assessment on every new
construction was established based on a series of street improvements in the
Business Park. The Transportation Management Association (TMA) was
established and is a non-profit body represented by Business Park owners and
tenants. The TMA has established membership dues of $10 per employee to be
paid every six months by the business employers and has accomp lished much in
the few months of its existence. These concepts and ideas have been shared
with the neighboring cities of Los Alamitos, Garden Grove and Buena Park and
no reaction has been received.
Councilmember Kerry read a press release about the City of Cypress seeking
assistance in locating handicapped ramps at various intersections and asked
residents to speak up for their particular intersection.
Councilmember Kanel advised that any Councilmember that has served for two
terms is barred from ever serving again on the Council, that a word might have
been omitted from that language and the Council should consider placing this
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City Council Minutes July 9, 1990 4 6 J
item back on the ballot with the inclusion of the word "consecutive" as an
amendment to that language. He asked the City Attorney if barring anyone from
serving for life would be constitutionally sound. The City Attorney advised
that it was his belief that if this were challenged, it would be successfully
challenged. It would be appropriate if the Council wished, to change the
language to "..more than two consecutive terms...." The City Manager
expressed concern about the lack of time available to create another issue for
the ballot. Councilmember Kanel would like to see the item placed on the next
Agenda but only if the entire Council agrees. Mayor Age suggested that this
item be discussed at the end of this meeting and Councilmember Kanel
concurred.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
N0. 90-8. ELEVEN UNIT MOTEL. 5271 LINCOLN AVENUE: Mayor Age declared the
public hearing open. Staff has not received the site plan from the applicant_
and requested a continuance.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue the item to the Council meeting of August 13, 1990. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 90-15 USED
RECREATIONAL VEHICLE SALES SERVICE AND REPAIR 5120 LINCOLN AVENUE: Mayor
Age opened the public hearing. The Planning Director presented the staff
report dated June 19, 1990 which represented an application for the
establishment of a used recreational vehicle sales, service, supplies and
storage business. The applicant is also proposing to provide propane sales in
addition to having an on-site dump station. Staff presented one revised
condition and an added condition as a result of a recent meeting with the
applicant to resolve the landscaping question. Condition No. 7 was revised to
read, "A detailed landscape and automatic irrigation plan shall be submitted
to the satisfaction of the Design Review Committee prior to the issuance of
the business License. A bond or letter of credit in an amount deemed
sufficient by the Director of Public Works shall be provided." New Condition
No. 19 shall read, "If the detailed landscaping irrigation plan is not
completed to the satisfaction of the Design Review Committee within six months
from the approval of the Conditional Use Permit, that the Conditional Use
Permit shall expire." In accordance with the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this
project. Public notices were published, posted and mailed to all property
owners within a 300' radius.
The applicant, Scott Atkinson, 5033 Lincoln Avenue, Cypress, explained that he
was currently in business across the street, in an RV supplies, sales and
service. The new location would be an expansion of his current business and
would also include redecorating and refurbishing of recreational vehicles.
Responding to Councilmember Kerry, Mr. Atkinson stated that his hours of
operation are 8:00 a.m. to 6:00 p.m., Monday through Saturday and Sunday; for
sales of parts only, 10:00 a.m. to 4:00 p.m. Councilmember Kerry asked that
Condition No. 14 be amended to reflect these hours. Mr. Atkinson gave a slide
presentation and explanation of future plans for the proposed site.
Councilmember Bowman asked the applicant if he were aware that the property is
in the redevelopment area, the sign ordinance review and asked if the
applicant might consider new RV sales in the future because used sales may not
be the highest and best use. The applicant stated he was aware of the
ramifications and, hopefully, there would be new RV sales in the future.
The applicant introduced Mr. Dean Hamill, who represented the property owner,
Susan Homan.
Mr. Hamill, 8591 Acacia Drive, Cypress, read a communication from Mrs. Homan
who objected to the enlargement of the landscaped area in front of the
property and she would not be responsible for any of those costs.
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City Council Minutes July 9, 1990
Mr. Wendell Wheeler, representing the motor home interior business that will
be located on this site, explained where the drain for the entire property is
and the proposed landscaping could cover the drain.
After some discussion on the possibility of continuing the item, Mr. Atkinson
agreed to comply with requests of staff.
Mayor Age asked if anyone wished to speak in support of or opposition to the
application. No one did.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
close the public hearing, certify the Negative Declaration in accordance with
the California Environmental Quality Act and approve Conditional Use Permit
No. 90-15 subject to conditions, including revised Condition No. 7 and added
Condition No. 19. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
90-4 KARATE/MARTIAL ARTS STUDIO EXPANSION, 4470 LINCOLN AVENUE: Mayor Age
opened the public hearing. The Planning Director summarized the staff report
dated June 19, 1990 which represented a request to expand a Karate/Martial
Arts Studio located at 4470 Lincoln Avenue. In accordance with the
requirements of the California Environmental Quality Act, this project is
categorically exempt Class 1. Notices of this public hearing were posted,
published and mailed to all property owners within 300 feet of the subject
property.
Mr. Sam Lin, 1427 E. Dinah Avenue, Anaheim, architect for the project, stated
that the owner felt that he needed an additional studio.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
close the public hearing, and approve amendment to the Conditional Use Permit
No. 90-4, subject to all applicable conditions. The motion unanimously
carried by the following roll call vote:
AYE5: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
87-35 TO ALLOW ADDITIONAL AUTO REPAIR USES AT THE AUTOBAHN AUTOMOTIVE SERVICE
CENTER 5051 EAST LINCOLN AVENUE: Mayor Age opened the public hearing. The
staff report dated July 3, 1990 requested that this item be continued.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue this item to the meeting of July 23, 1990. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF RELEASE OF RESERVED CABLE CHANNELS AS PER
FRANCHISE AGREEMENT: The City Manager requested Assistant City Manager David
Barrett present the staff report dated June 29, 1990, which described a v.
request from Copley/Colony Cablevision proposing release of seven unused
institutional network downstream channels for programming on the subscriber
network. The CATV Commission has reviewed the report from Copley/Colony and
has recommended the release of the channels.
Mr. Pete Eliason, General Manager of Copley/Colony Cablevision, 5595 Corporate
Drive, Cypress, explained the changeover to new converter boxes, the reasons
for the request for additional channels and their willingness to obtain City
approval prior to implementing any programming on the new subscriber channels.
He advised the Council that Copley was in the process of conducting a
telephone survey.
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Councilmember Kanel asked about the local origination on Channel 3 that is
used by Copley/Colony for information and marketing purposes. He also -
mentioned the outdated material that was displayed on the Channel 57.
Councilmember Kerry requested a timetable on the replacement of the old
converters. She said the one complaint received is about the old converters.
Mr. Eliason stated he could provide a fall out rate and at what rate those
converters are being replaced.
Councilmember Arnold stated that the City is being served by one of the better
companies and at the most reasonable prices in the County. She also stated
that replacement of the converters to upgrade them as they are needed would be
quite reasonable.
Councilmember Kerry stated she would like to see some trade off for the
release of the seven channels.
It was moved by Councilmember Arnold and seconded by Councilmember Kanel to
authorize staff and the City Attorney to negotiate and draft a CATV Franchise
Agreement Amendment that would release seven (7) institutional channels to
Copley/Colony Cablevision for future subscriber network programming needs.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
Mr. Eliason asked that if the Council has any concerns on programming, please
contact him.
Regarding CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL
SERVICES TO PREPARE AN UPDATE TO THE EXISTING SIGN ORDINANCE FOR THE CITY OF
CYPRESS, which was continued from earlier in the meeting, Councilmember Kanel
commented that the Council had interviewed the three consulting firms, studied
the cost factors and he concluded that the choice of Urban Design Studio in
the amount of (20,675 would be in the best interests of the City.
Councilmember Arnold stated that, in her opinion, this is a major undertaking
for the City, she felt that staff's recommendation of The Planning Center was
correct. She also stated that they appeared to have taken more time to study
the City before the presentation was made, seemed to know what they will be
reviewing and can response more comprehensively to the needs of the City. She
felt it was worth the additional money to obtain quality work.
Councilmember Kerry explained that this matter was before the Council because
of the tremendous difference in the cost analysis. She mentioned that The
Planning Center talked about working with the citizens, obtaining input and
understanding before presenting Council with a final study. She felt that The
Planning Center at 177,600 was the most acceptable if the City is going to
have a complete program, one that is accepted by the community and used for a
long period of time.
Councilmember Bowman commented that all three applicants interviewed were
capable of doing the job and it is the function of Council to decide whether
the difference in the end product is worth 157,000 and he didn't believe it
would be. He would support a motion to select Urban Design Studios and felt
they were very well qualified and doesn't envision any less of a sign
ordinance.
Mayor Age stated that all three representatives portrayed their firms quite
well, all three conveyed they would work with citizens, the Chamber of
Commerce and certainly the Council and staff. She concurred with
Councilmembers Bowman and Kanel and would support Urban Design Studios.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
award a contract to the Urban Design Studio for services detailed in the
Request for Proposal approved by the City Council on March 26, 1990, authorize
the Mayor and the City Clerk to execute a formal agreement on behalf of the
City of Cypress with Urban Design Studio and appropriate 120,675, as a not to
exceed amount, to account number 4189-11-191.06. Councilmember Arnold stated
that the key to the entire project is its enforcement and the Planning Center
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City Council Minutes July 9, 1990
presented a better method of enforcement. She felt that the two firms that
came in at 170,000 plus will do an outstanding job for the City, but feels one
will do a better job because they know the area. Mayor Age stated that she
felt Urban Design was qualified to do the job and would support them.
Councilmember Kerry expressed concern about the difference in the bid amounts
and her concerns. were the quality of the job and will they continue to come in
with increases. The Planning Director advised that there are normally
additional costs that have to do with FAXes, copies of documents and normally
an additional 13000 to 15000 to cover those costs. Councilmember Bowman
stated that the Council had asked the firms if the bid amount covered non-
reimbursable expenses and they all had indicated the bids were a "not to
exceed" cost. The motion carried by the following roll call vote: a-»
AYES: 3 COUNCILMEMBERS: Bowman, Kanel and Age
NOES: 2 COUNCILMEMBERS: Arnold and Kerry
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Age called a recess at 11:06 p.m. and reconvened the meeting at
11:15 p.m. with all Councilmembers present.
Councilmember Arnold stated that she will be leaving the meeting at 11:45 p.m.
CONSIDERATION OF RABBITS IN THE CYPRESS FLOOD RETARDING BASIN: The City
Manager called upon the Public Works Director to present the staff report
dated June 28, 1990. This matter was referred to staff at the City Council
meeting of June 11, 1990 because a series of complaints had been received from
residents in the area of the Cypress Flood Retarding Basin who expressed
concern that rabbits living in the Basin were foraging in adjacent yards and
destroying landscaping on private property. He presented staff's concerns
about the rabbits.
Councilmember Bowman commended the staff for their position and stated that he
has heard from homeowners in the area that the rabbits are overrunning their
yards and flowerbeds, along with the people that are following the rabbits
with complete disregard for their property. If the rabbits had not gotten out
of the Nature Park, the question probably would not have come up and something
will need to be done about the rabbits inside the Nature Park besides fencing.
Councilmember Kerry commented that if the rabbits stayed in the Nature Park
they would not be a problem and if that problem can be solved, there will not
be a problem with the neighbors. She could not support removing all the
rabbits at this time and believed the solution was to prevent the rabbits from
leaving the park.
Mayor Age advised that she has received correspondence advocating the
retention of the rabbits in the Nature Park.
Councilmember Arnold mentioned that she has talked with neighbors who are
disturbed about the rabbits, the rabbits are proliferating at a rate that
can't be supported by the City and it isn"t right that the neighbors
surrounding the area should have their property destroyed. She strongly
supported the staff recommendation.
Mayor Age said there was a problem and she suggested that staff do everything
possible to keep the rabbits confined within the Nature Park.
Councilmember Kanel remarked that this area is a retarding basin, not a nature
park. He felt that the rabbits would have to be removed from the basin and
the emotion should be put aside.
Councilmember Kerry did not believe turning the rabbits over to animal control
was the solution. She believed any removal of rabbits should be coordinated
with pet stores with signs posted at the park stating which pet store and work
with the community.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
continue the Council meeting past 11:30 p.m. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: I COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes July 9, 1990
Continuing the discussion, Mayor Age asked if anyone from the audience wished
to speak on this item.
Mr. Jack Swank, 9849 Via Sonoma, Cypress, stated that the fence and gates can
be made rabbit-proof and he will provide a crew to do that at no charge to the
City. He volunteered to bring in a petition with signatures of people that
wanted to keep the rabbits in the Nature Park.
After further discussion, Councilmember Arnold stated she was leaving and
would vote against any citizen coming in to fix the fence and gates.
Mr. Swank stated that it was no big deal to fix the fence and the city has
employees that can do it, which would probably be the desired method.
The City Manager reiterated the fact that this basin is a storm drain
facility, the County maintains the area and it is a good joint use that was
never considered for the control or keeping of animals. Problems are being
created by people throwing food for the rabbits that aren't eating it, it is
creating a rodent problem and finding another home for the rabbits is probably
a good compromise.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, stated he has spent time
around the Nature Park and has talked to many residents most of whom want to
keep the rabbits. If the gates are fixed, the rabbits will stay in the park.
Councilmember Kanel suggested that the item be returned to staff, have the
gates and fences fixed, then see if the animals are still foraging in the
yards over the next two to three weeks, check with animal control people
whether the rabbits can be rabid and put the stray rabbits back into the
Nature Park. He stated there are some problems but we're trying to arrive at
a compromise and if they are still foraging after the Park has been secured,
then he would be willing to get rid of the rabbits. Councilmember Bowman
suggested a timetable and a need to decide what to do with rabbits found on
the outside.
Councilmember Arnold commented that based on the study made by staff, there
are many other issues here. She would not support extending this item any
further unless there is some new information presented. She advocated
collecting the rabbits and disposing of them through the best means possible.
COUNCILMEMBER ARNOLD LEFT THE MEETING AT 12:00 A.M.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
secure the fencing and the gates by the Public Works Department, rabbits found
outside of the Nature Park should be captured and placed within the park and a
report given to Council at the meeting of July 23, 1990. Councilmember Bowman
requested staff to determine what diseases are involved and the effects of the
accumulated uneaten food and Councilmember Kanel concurred. Councilmember
Kerry mentioned keeping the rabbits inside the Nature Park, then determining
if there is an overpopulation problem. Mayor Age concurred and expressed
concern about the diseases rabbits may carry and requested staff provide that
information. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION WITH APPLICANTS FOR THE
CULTURAL ARTS COMMISSION: The staff report dated July 3, 1990 indicated that,
due to the resignations of Irene Hornby and Joan Edwards, there were two
vacancies on the Cultural Arts Commission.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue this item to the meeting of August 27 and, in the meantime,
readvertise for additional applicants in the Register, L.A. Times, Cypress
News and News-Enterprise with all applications due by August 15. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
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City Council Minutes July 9, 1990
CONSIDERATION OF AN ORDINANCE AMENDING CYPRESS CITY CODE SECTION 9-4 ET SEQ,
"LIVE ENTERTAINMENT PERMITS" AND RELATED PROVISIONS OF THE CODE AS IT RELATES
TO OUTDOOR CONCERTS AND SIMILAR ACTIVITIES: Due to the lateness of the hour,
and the fact that staff and Council have not had an opportunity to review the
material, the City Attorney requested that this item be continued to August
13, 1990.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
continue the item to August 13, 1990. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF REQUEST FOR ATTENDANCE AT NATIONAL FEDERATION OF LOCAL CABLE
PROGRAMMERS TO BE HELD IN WASHINGTON,_D.C.: The City Manager referenced the
staff report dated July 3, 1990 which requested that the Media Services
Supervisor be granted authorization to attend the Conference.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
authorize approval of Mr. Crisp's attendance at the National Conference to~be
held July 24 through July 28, 1990 and to be reimbursed for all actual and
necessary expenses. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF AN AGREEMENT WITH MUNICIPAL RESOURCE CONSULTANTS TO PROVIDE A
PROGRAM OF SALES TAX ENHANCEMENT AND INFORMATION SERVICES: The City Manager
reviewed the staff report dated July 6, 1990, which indicated contact had been
made with an organization that provides expertise in the review and generation
of new sales tax revenues or obtaining revenues out of current taxing
agencies. Compensation for providing the sales tax audit and information
service is contingent upon their ability to produce new sales tax income which
would not otherwise have been realized by the City. The City Manager and
Finance Director would recommend two modifications to the contract proposal.
Councilmember Bowman requested that the statement that relates all the sales
tax revenue to the City per each business be provided to the Council.
Responding to Councilmember Kerry, the City Manager will bring back to the
Council the one modification on the Texaco Tank Farm.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolutions by title only, title as follows, authorizing execution
of an agreement with MRC and designating a city consultant as the authorized
City representative to examine sales and use tax records.
RESOLUTION N0. 3792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING
EXECUTION OF AN AGREEMENT WITH MUNICIPAL RESOURCE CONSULTANTS (MRC)
RESOLUTION N0. 3793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING A
CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES
AND USE TAX RECORDS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 39870 -
40099: It was me>ved by Councilmember Kanel and seconded by Councilmember
Kerry to approve the Warrants No. 39870 through 40099 in the amount of
5967,729.34. The motion unanimously carried by the following roll call vote:
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City Council Minutes July 9, 1990
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Arnold
RECESS: Mayor Age recessed the meeting at 12:25 a.m. to enable the Council to
act as the Cypress Redevelopment Agency. The meeting reconvened at 12:30 a.m.
with all Members present except Councilmember Arnold.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Kanel stated he felt that the upcoming election would be a good
time to settle the matter of length of term of Councilmembers once and for
all. He wished to obtained some viewpoints from members of the Council on
this matter. Councilmember Bowman stated that the Ordinance should be left
the way it is now written and Mayor Age concurred. Councilmember Kanel
reported that the attorney for Rutan and Tucker had stated there was an error
in the language and the word "consecutive" should have been there.
Councilmember Kerry did not believe it was a one word error because additional
language would need to be added to state how many years absence before running
again. .Councilmember Kanel said he brought the question up because he felt
the language would be attacked and the City would lose.
After further discussion, Councilmember Kerry stated that any change should
not come from the Council level but from the citizens.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 12:50 a.m. to Monday, July
16, 1990 at 8:30 a.m.
0 OF THE CITY CYPR S
ATTEST:
1
CITY CLERK OF THE CI OF CYPRESS
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