Minutes 90-08-27 1 d
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 27, 1990
A Regular Meeting of the Cypress City Council was called to order at 5:36
p.m., Monday, August 27, 1990, in the City Council Chamber, 5275 Orange
Avenue, Cypress, Mayor Pro Tem John Kanel presiding. He explained that Mayor
Age was serving on jury duty, was on the freeway and would be in attendance as
soon as possible.
PRESENT: Councilmembers Arnold, Bowman, Kanel and Kerry
ABSENT: Mayor Age
Also present were Robert F. Beardsley, Acting City Manager, and City Attorney
Jerry Patterson. Staff members DeCarlo, Hill, Storey and Wicker were also
present.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. None were
presented.
CONSIDERATION OF RENEWAL OF CONTRACT FOR MAINTENANCE AND SERVICE OF THE CITY'S
HEATING. VENTILATION, AND AIR CONDITIONING (HVAC) EQUIPMENT: The Acting City
Manager presented the staff report dated August 15, 1990, which indicated that
Bear State had offered to renew its service contract for an additional two
years, with an increase in prices reflecting the company's actual costs.
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
authorize the renewal of the maintenance and service contract for the City's
heating, ventilation, and air conditioning (HVAC) equipment, for a two year
period ending August 27, 1992, for preventative maintenance service in the
amount of 56,432.00 per year and remedial maintenance service at the rates
indicated in the report, to Bear State Air Conditioning Service, Inc., 13321
E. Alondra Blvd., Santa Fe Springs, CA 90607. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR MOODY STREET RECONSTRUCTION FROM
LINCOLN AVENUE TO SOUTHERN PACIFIC RAILROAD PUBLIC WORKS PROJECT NO 8922
AHFP N0. 1266: Six bids were received for the Moody Street Reconstruction
from Lincoln Avenue to Southern Pacific Railroad. As Moody Street has been
approved for funding under the 1989/90 Arterial Highway Financing Program
(AHFP), the County of Orange will pay 50% of the cost of eligible items. The
Acting City Manager noted that No. 1. of the recommendation was changed to
read as follows: "Authorize an appropriation of 115,000.00 from the fund
balance of the 2106 Gas Tax Fund to...."
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to:
1) Authorize an appropriation of !15,000.00 from the fund balance of the 2106
Gas Tax Fund to Account No. 4186-22-405-21; 2) Determine the lowest
responsible bidder for Public Works Project No. 8922 to be Silvia
Construction, Inc.; and 3) Award a contract for Moody Street Reconstruction
from Lincoln Avenue to Southern Pacific Railroad, to Silvia Construction,
Inc., 750 N. Mountain Avenue, Suite C, Upland, CA 91786 in the amount of
5232,341.40. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) CHIPPER TRUCK REQUEST FOR
QUOTATION N0. 9091-02: Four bids were received and it was determined that two
(2) of the bid offers do not meet the City's written specifications for one
(1) new Chipper Truck.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
accept the bid received from GMC Truck Center, 15555 Valley View Avenue, Santa
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Fe Springs, CA 90670 as the lowest responsible bidder and award a contract for
the purchase of one (1) new Chipper Truck to this company in the amount of
542,184.56. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR FIVE (5) POLICE BAND RADIOS, REQUEST
FOR QUOTATION N0. 9091-03: Five bids were received for five (5) Police band
handheld radios and one (1) radio charger.
It was moved. by Councilmember Arnold and seconded by Councilmember Kerry to
accept the bid received from Radio-Tel Communications, 6137 Wilshire Blvd.,
Los Angeles, CA 90048 as the lowest responsible bidder and award a contract
for the purchase of five (5) Police band handheld radios and one (1) radio
charger to this company in the amount of 52,883.63. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR CYPRESS POLICE CANINE PROGRAM: Police
Chief Wicker reported that the Department has retired police canine "Sam" from
active police service duty as he has been unsuccessful in maintaining an
acceptable level of performance.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
authorize payment to Adlerhorst International, Inc., 3951 Vernon Avenue,
Riverside, CA 92509 for one (1) canine and required training in the amount of
54,135.00. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBER5: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR THE OFFICE AUTOMATION EQUIPMENT: The
Finance Director summarized the staff report dated August 20, 1990, which
indicated that the current capital outlay budget for equipment includes funds
for the acquisition of several pieces of OAS equipment. Staff is pleased with
the performance of Office Automation System thus far and Integrated Systems
Group (ISG) has been responsive to complaints and problems as they have arisen
in the past.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
accept the proposal for Networked Office Automation System hardware and
software based on the Request for Proposal No. 8687-12 and authorize the
purchase of OAS equipment from Integrated Systems Group, Inc. (ISG), 920 East
Broadway, Glendale, CA 91205 in the amount of 342,107.50. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF A NEW SOUND SYSTEM
IN THE CYPRESS COMMUNITY CENTER PUBLIC WORKS PROJECT N0. 9011: Three bids
were received for the installation of a new sound system in the Cypress
Community Center.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold that
the City Council, acting as the ex officio governing Board of Directors for F
the Cypress Recreation and Park District determine the lowest responsible
bidder for Public Works Project No. 9011 to be L.A. King Company and award a
contract for the installation of a new sound system in the Cypress Community
Center to L.A. King Company, 3006 Lime Avenue, Long Beach, CA 90807, in the
amount of S15,681.00. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel, and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
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City Council Minutes August 27, 1990
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 that Item No. 15 be removed from the Consent
Calendar for discussion during Closed Session. The Acting City Manager asked
that Item No. 16 be delayed for discussion until Mayor Age arrives.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve the Consent Calendar Items No. 8 through 20 with the exception of
Items No. 15 and 16. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
Item No. 8: Consideration of Approval of City Council Minutes of August 6,
1990, August 8, 1990, and August 13, 1990.
Recommendation: That the City Council approve the Minutes of August 6, 1990,
August 8, 1990, and August 13, 1990, as submitted.
Item No. 9: Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only. and to Waive Further Reading.
Item No. 10: Consideration of Claim Filed by Daniel E. Benger, Attorney, On
Behalf of Roxie Hengstenberg.
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 No. 11: Consideration of Authorization to Attend the California
Association of Public Information Officials (CAPIO) Annual Conference.
Recommendation: That the City Council authorize the attendance of Howard
Crisp, Media Services Supervisor, and Irma Youssefieh, Personnel Analyst, to
the CAPIO Annual Conference to be held on October 10 - 12, 1990, in Monterey,
and be reimbursed for all actual and necessary expenses incurred.
Item No. 12: Consideration of Claim Filed by Richard G. Andrews, Attorney, On
Behalf of Gilbert Ramirez.
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 No. 13: Consideration of Monthly Investment Program for the Month of
July 1990.
Recommendation: Receive and file.
Item No. 14: Consideration of Authorizing the Counsel for the County of
Orange to Defend the City in Actions Relating to the Refund of Property Taxes.
Recommendation: That the City Council authorize the Counsel for the County of
Orange to defend the City of Cypress in the action seeking the refund of
property taxes filed by Chevron U.S.A., Inc. V. State Board of Equalization,
et a1.
Item No. 17: Consideration of City's Debt Service Tax Rate for the 1990-91
Fiscal Year.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, fixing the City's debt service tax rate to be .0032 percent
(.000032) of the assessed value.
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Council Minutes August 27, 1990
RESOLUTION. NO. 3811
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE VOTER
APPROVED INDEBTEDNESS TAX RATE FOR THE FISCAL YEAR 1990-91.
Item No. 18: Consideration of Acceptance of Carpet Replacement in the Police
Department, Public Works Project No. 8953.
Recommendation: That the City Council: 1) Accept Public Works Project No.
8953 as being satisfactorily completed by R.C. Interiors, 1757 Claudina Way,
Anaheim, CA 92805, in accordance with the Plans and Specifications; and 2)
Authorize the City Clerk to release the Labor and Materials Bond upon
expiration of the required lien period, providing no liens have been filed,
and to release the Faithful Performance Bond upon expiration of one year's
guarantee, providing no defects in material or workmanship become evident.
Item No. 19: Consideration of Claim Settlement for Richard Molina.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item No. 20: Consideration of the Cypress Recreation and Park District's Debt
Service Tax Rate for the 1990-91 Fiscal Year.
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, fixing the District"s debt service
tax rate to be .0088 percent (.000088) of the assessed value.
RESOLUTION NO. 169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED
INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1990-91.
END OF CONSENT CALENDAR
ORDINANCES (Second Reading) ~ RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving amendment to
CUP No. 88-25.
RESOLUTION N0. 3812
A Resolution of the City Council of the City of Cypress Approving
Amendment to Conditional Use Permit No. 88-25 - With Conditions (Onsite
sale of beer and wine at Uzushio Restaurant, 10533 Valley View Street,
Cypress Pointe Food Pavilion).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving CUP 90-18.
RESOLUTION N0. 3813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 90-18 - WITH CONDITIONS (RETAIL DRY CLEANING
SERVICE, 4431 CERRITOS AVENUE).
The motion unanimously carried by the following roll vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
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It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving CUP No. 90-20.
RESOLUTION NO. 3814
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 90-20 - WITH CONDITIONS (ESTABLISH A CHURCH
ON PORTION OF MACKAY ELEMENTARY SCHOOL SITE, 8721 CYPRESS AVENUE).
The motion unanimously carried by the following roll call-vote:
AYES:. 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance modifying the 1988 edition of the Uniform Building Code
for seismic hazards and mitigation thereof.
ORDINANCE NO. 853
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 SAIO CITY, BY ADDING CHAPTER 71, FOR THE
PURPOSES OF THE IDENTIFICATION OF SEISMIC HAZARDS AND THE MITIGATION
THEREOF AS REQUIRED BY GOVERNMENT CODE SECTION 8875 ET SEQ.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
There was some discussion on the following Ordinance due to the fact that some
Councilmembers asked for clarification of its purpose.
The City Attorney clarified that there is a problem with "prior restraint" on
public speaking or free speech. Groups are entitled to one offense regarding
noise before the Council can take action. To say "No, there can't be any
concert outdoors or any other place," is an invitation to have the Ordinance
set aside by the courts.
MAYOR AGE ARRIVED AT 5:58 P.M. Mayor Age stated for the record that she was
delayed due to serving on jury duty today.
The City Attorney advised that it would be best to handle outdoor concerts on
a permit-by-permit basis and to place restrictions at that time.
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 relating to outdoor concerts and similar activities.
ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER
9 "ENTERTAINMENT," AND RELATED PROVISIONS OF THE CODE OF THE CITY OF
CYPRESS AS THE SAME RELATES TO OUTDOOR CONCERTS AND SIMILAR ACTIVITIES.
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
Regarding Consideration of Adoption of Resolution of Commendation for Members
of the Cypress Federal Little League All Stars Team, Councilmember Kanel
advised that he will be acting as Master of Ceremonies, working with the
Little League Board, for the team"s homecoming event on Tuesday, August 28,
5:30 p.m., at the Civic Center. There will be a parade from Oak Knoll Park to
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City Council Minutes
the Civic Center where the ceremonies will be held with dignitaries from the
area. Cart's Jr. will bring a refrigerated truck with portable barbecues and
will provide up to 2000 hamburgers, hot dogs and cokes.
Councilmember Kanel also advised that there were some unexpected costs
involved and suggested that consideration of a donation of approximately
55,000 to the Little League be placed on the September 10, 1990 agenda.
Councilmember Kerry mentioned that the parking lot will be blocked off so
dignitaries, Councilmembers, Little League parents and coaches can park their
vehicles. ~
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, commending the Cypress
Federal Little League All Stars Team.
RESOLUTION N0. 3815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE
CYPRESS FEDERAL LITTLE LEAGUE ALL STARS TEAM ON ITS OUTSTANDING SEASON
IN WINNING THE 13 WESTERN STATES REGIONAL CHAMPIONSHIP AND PLAYING IN
THE 1990 LITTLE LEAGUE WORLD SERIES IN WILLIAMSPORT, PENNSYLVANIA.
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 6:28 p.m. to enable the
Council to enter closed session to discuss matters of personnel and/or
litigation. The meeting reconvened at 7:36 p.m. with all Councilmembers
present.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman.
PRESENTATIONS: The presentation of the Cypress Cultural Arts Commission"s
Outstanding Contribution to the Arts Award was made to the 1990 recipient
Alvin Weinberg by a representative from Senator Cecil Green"s office.
Councilmember Kanel provided some personal comments about the recipient, Mr.
Weinberg.
Presentation of Recognition Certificates were made to the members of the
Cypress Transportation Advisory Committee in attendance who were Christine
Swain, Bruce Seaton and Carl Robertson. Other committee members were Mike
Wallo, Steve Oakley, Ed Betar, Don Sandefur, Chuck Hicks and George Boscon.
Presentation of a 5500 check was made to Police Chief Wicker by Mr. Bob Perry,
President of the Cypress Chamber of Commerce, on behalf of the Southern
California Gas Company, to aid the D.A.R.E. program.
Mr. Brad Martin, Southern California Edison, responded to a citizen"s concern,
expressed at a previous Council meeting, reported that the power poles had
been laying in the parkway for some weeks. He admitted that they had been
there for some time and the poles were now gone. He volunteered to answer
questions on any issues or concerns the Council had.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mayor Age asked Mayor Pro Tem Kanel to provide an overview of the upcoming
homecoming celebration for the Cypress Federal Little League. Mayor Pro Tem ~-a
Kanel stated that the team played at Williamsport, Pennsylvania, earning that
privilege after winning the 1990 Western Regional Championship. The ceremony
will be held on the Civic Center lawn with bands, balloons, speeches,
presentations and he invited the citizens to attend the festivities.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
Acting City Manager Beardsley reviewed the actions taken by the Council during
the 5:30 p.m. portion of the Agenda.
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The City Attorney reported that Council considered three items in closed
session. The first item was the termination of three matters of litigation,
City of Los Alamitos V. City of Cypress, Hollywood Park Realty Enterprises,
Inc. V. the City of Cypress, both the state and federal actions. Copies of
the dismissals will be available tomorrow. The second item was two new
litigations brought against the Los Alamitos Race Track and Lincoln Avenue
Redevelopment Areas. -The City Attorney indicated that he believed these to
be "nuisance-type" actions. Regarding Consideration of Claim Filed by Sheri
Ann Moss, the City Attorney recommended that the Council take action to
continue this item to the next meeting.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
continue the item to-the meeting of September 10, 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
Councilmember Kerry advised that the two individuals who filed lawsuits on the
Redevelopment Areas are not residents of Cypress and they only had to live in
Orange County to be able to file the lawsuits.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
N0. 90-8, ELEVEN UNIT MOTEL. 5271 LINCOLN AVENUE: Mayor Age opened the public
hearing. The Interim Planning Director, Holly Hamlin, presented the staff
report dated August 20, 1990, which represented a request to reconvert two
existing one story buildings, formerly used as a board and care facility, to a
motel use located at 5271 Lincoln Avenue. Should the City Council approve
this project, a Negative Declaration will be filed according to the
requirements of the California Environmental Quality Act. The applicant has
indicated that she is not prepared, at this time, to make the physical
improvements which staff considers necessary for the needs of a motel use and
which would be required of any other applicant. Notices of this public
hearing were published, posted and mailed to all property owners within a 300
foot radius.
Councilmember Kanel stated that this was a request to legitimize a motel use
in very deteriorated old buildings and he expressed surprise that this
application was filed.
Mr. Bob Gilbert, 4552 Lincoln Avenue, Cypress, an engineer representing the
applicant, stated that the owners had a board and care facility that closed
and they were left with the structure which metamorphosed into a motel. He
indicated that probably more than half of the present residents are long term
and he didn"t know what the best solution is for the use of the property. The
property is now on the market and the owners are willing to sell it for
another use.
Councilmember Arnold asked if the owners knew that they have to meet certain
standards and if they not willing to spend money to conform, what do the
applicants want from the Council. She suggested that perhaps they would like
to withdraw their request and return at a later time. Mr. Gilbert replied
that he believed the applicants were asking for an extension of time to
operate as they are now.
Councilmember Kanel stated that this facility was being run as an apartment,
people are renting the rooms for S10 a night and he believed that this was not
a proper request.
Councilmember Arnold asked if the owner would come forward and answer
questions from Council. The owner declined to do so.
Councilmember Kanel asked, for the record, that the Police Chief comment on
the activity around this facility. Chief Wicker reported he had received a
communication from Mr. Len Curtis, owner of the Tower Business Center adjacent
to this property, who felt that the tenants and individuals who frequented the
Machado property were responsible for much of the vandalism and damage to his
property. A study of the police activity in the 5200 block of Lincoln Avenue
over a two year period, found 252 police-related responses and 68 of those at
5271 Lincoln Avenue. The Chief provided a breakdown of the offenses,
emphasizing that several of the incidents involved Mrs. Machado as the victim
of the crimes.
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Mayor Age asked if anyone wished to speak in support of or in opposition to
the application. No one wished to speak.
Councilmember Kanel remarked that this was the wrong place to have a motel and
it is not a proper request. Councilmember Bowman stated that he would vote to
deny the request because he believed there was adequate property available to
develop a proper motel or remodel to make it a proper motel.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
close the public hearing, deny Conditional Use Permit No. 90-8 for all the
reasons given. 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.
78-18 EXPAND SALE OF BEER AND WINE TO INCLUDE OFFSITE SALE OF GENERAL ALCOHOL
AT Jb6 FOOD MART 4490 LINCOLN AVENUE: Mayor Age declared the public hearing
opened. The Interim Planning Director summarized the staff report which
represented a request to expand and amend Conditional Use Permit No. 78-18 to
include the offsite sale of general alcohol, in addition to the existing sale
of beer and wine at the JbB Food Mart, 4490 Lincoln Avenue. In accordance
with the requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project.
In the past, the Council has expressed concern over the concentration of
alcoholic beverage sales within close proximity of each other. Notices of the
public hearing were posted, published and mailed to property owners within 300
feet of the subject property.
Mr. George Saba, 4490 Lincoln Avenue, Cypress,~explained that he was
attempting to add a new line of product for his customers to sell in his
store.
Responding to Councilmember Kanel, Mr. Saba stated that the quantities of beer
and wine sold were not. that significant because he relies on other items that
he sells in the market.
Mayor Age asked if anyone wished to speak in support of the project. No one
spoke. She then asked if anyone wished to speak against the application.
Mr. Ted Bill, 10001 St. Vincent Circle, Cypress, stated he understood people
attempting to increase their business but he felt that there were already
enough places to buy liquor in Cypress.
No one else wished to speak against the application.
Councilmember Kanel commented that the City generally does not receive too
many requests for hard liquor licenses and he mentioned that where there is a
great concentration of different types of alcohol licenses, the governing body
does have the right to impose restrictions on the basis of public health,
safety and welfare.
It was moved by Councilmember Kanel and seconded by Councilmember Arnold to
close the public hearing and deny amendment to Conditional Use Permit No. 78-
18. Councilmember Arnold stated that she did not feel, based on the
information received, that this was a safe environment for the use requested.
Mayor Age stated she would vote to deny this request based on the proximity to
other locations and the proliferation of liquor stores in the area. 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. 90-19
RENOVATION OF AN EXISTING SHOPPING CENTER (SCOTTY"S MARKETI AND_CONSTRUCTION
OF THREE COMMERCIAL STRUCTURES 6401-25 BALL ROAD. The public hearing was
opened by Mayor Age. The Interim Planning Director presented the staff report
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dated August 10, 1990, which represents a request by Craig Lyons to renovate
an existing shopping center (Scotty's Market), located at 6401-25 Ball Road.
The request includes construction of approximately 23,625 square feet of
additional commercial space and a request for a ten foot setback reduction at
the north property line. In accordance with the requirements of the
California Environmental Quality Act, a Negative Declaration will be filed for
this project. At the present time, there are no tenants for the proposed
center. Public notices were published, posted and mailed to property owners
within 300 feet of the proposed project area. The Interim Planning Director
provided an additional condition No. 46 regarding drain pipes.
Mr. Craig Lyons, 1515 Lincoln Lane, Newport Beach, stated that he is very
pleased with-the way the project has turned out. Avery reputable and
reliable architectural firm was hired. The site is extremely underutilized
and presented a marvelous opportunity for both his company and the City to
achieve their goals at the same time.
Responding to Councilmember Kanel, Mr. Lyons stated that the present tenants
are on a month-to-month lease, their continued tenancy is undetermined at this
point although Jiffy Lube will be remaining. There are plans to talk to all
of the tenants but the opportunity has not presented itself as yet. Mr. Lyons
also stated he planned to approach the American Legion Post for a specific
site on the property and he mentioned that the Scotty's market building nas a
mezzanine area about the same size as the American legion"s present location.
It would be an outstanding opportunity for the developer to offer the space to
the Legion at a greatly reduced rent.
Mayor Age asked if anyone wished to speak in support of or in opposition to
the application.
Mr. Don Crates, 10022 Bernadette, Cypress, stated that he was neither for nor
against the project but had some questions to ask of the developer. Mr.
Crates" biggest complaint has been with Cypress Billiards and the impact it
has had in his neighborhood with the noise, drugs and the dumping behind the
north side of the buildings.
Mr. John Boach, representing the American Legion, stated he was not against
the project but requested information. He also stated that the mezzanine of
the market would not be accessible to some of the veterans who are in
wheelchairs but he would be more than glad to talk to the developer.
No one else wished to comment on the project.
The applicant wished to address some of the conditions of approval to ask what
he would be required to do since he had not had a chance to discuss them with
staff. The conditions were Nos. 6 and 10, which were clarified for the
applicant by staff.
It was moved by Councilmember Arnold and seconded by 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. 90-19 and Variance No. 90-13 subject to Conditions
of Approval including the added Condition No. 46. Councilmember Arnold
expressed her pleasure that this center would be developed and that the
developer was making an attempt to accommodate an organization that was very
important to the community. Councilmember Kanel asked that the developer
attempt to work out a lease arrangement with the American Legion. The Acting
City Manager read Condition No. 46: "Rain gutters and downspouts shall be
within the building structure. Outside rain gutters and downspouts are
prohibited." 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 DEVELOPMENT AGREEMENT 90-1
CYPRESS DEVELOPMENT: Mayor Age opened the public hearing. The City Attorney
announced that the applicant requested this item be continued.
It was moved by Councilmember Arnold and seconded by Councilmember Kanel to
continue this item to the meeting of September 10, 1990. The motion
unanimously carried by the following roll call vote:
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AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Age recessed the meeting at 9:45 p.m. The meeting was
reconvened at 9:55 p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: VACATION OF STORM DRAIN EASEMENT WEST OF
PLAZA DRIVE - DRC 89-30 - MITSUBISHI ELECTRIC PUBLIC WORKS PROJECT NO. 8970:
Mayor Age opened the public hearing. The Acting City Manager presented the
staff report dated August 16, 1990, which indicated that no objections to the
vacation have been received and the vacated easement will no longer be needed
for present or prospective public purposes since a new storm drain easement is
in the process of being granted in a location more suitable for development.
Notices for the vacation of the easement have been posted and published.
No one wished to speak in support of or in opposition to the project.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
close the public hearing, adopt the Resolution by title only, title as
follows, vacating the storm drain easement west of Plaza Drive and authorize
the City Clerk to record the easement grant deed for the new storm drain
easement west of Plaza Drive.
RESOLUTION N0. 3816
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING THE
STORM DRAIN EASEMENT WEST OF PLAZA DRIVE.
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
Councilmember Kanet suggested that Items 31 and 32 be delayed and Council
consider Items 33 and 34 at this time.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
defer Item No. 31, CONTINUATION OF CONSIDERATION OF DISCUSSION REGARDING LEAF
BLOWERS, and continue Item 32, CONTINUATION OF CONSIDERATION OF ACCEPTANCE OF
FINAL PARCEL MAP NO 90-241 AREA BOUNDED BY CERRITOS AVENUE, WALKER STREET,.
KATELLA AVENUE AND DENNI STREET - CYPRESS DEVELOPMENT, 4961 KATELLA AVENUE, to
September 10, 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
Councilmember Arnold stated that on the Leaf Blower issue there are some
people who were interested in being here and they don't appear to be in the
audience and she would move to continue this item to September 10, 1990. The
motion was seconded by Councilmember Bowman. 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
The Acting City Manager called the Council's attention to a member of the
audience who had just arrived for the item. The Mayor explained that the item
had been continued to September 10; however, Leaf Blower guidelines were
presented to Council for their perusal.
CONSIDERATION OF REQUEST FOR FUNDING ASSISTANCE FROM HOTLINE OF SOUTHERN
CALIFORNIA: Mayor Age asked the Hotline representative to come forward and
make her presentation to the Council.
Ms. Linda Anderson, Executive Director, Hotline of Southern California, P.O.
32, Los Alamitos, explained the crisis services Hotline offers, the various
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communities that they serve and volunteered to answer questions from the
Council.
In response to Councilmember Kanel, Ms. Anderson replied that the City of Los
Alamitos will not be funding Hotline this year because they have ceased all
agency funding.
Ms. Anderson reported that the Cypress Elementary School District has asked
Hotline to come in during the first part of September and teach listening
skills to their administrative staff.
Councilmember Kanel commented that Hotline is asking Council for a 55,000
donation and suggested that amount be reduced to 54,000.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
donate 54,000 to Los Alamitos Hotline, requesting receipt of monthly reports
from Hotline on the usage by Cypress residents. Councilmember Kerry stated
that the schools are feeling the economic pressures, the help that is
available for students in need in the schools is limited and she believed it
was very important to have this type of service available. Councilmember
Arnold supported the attempt Hotline was making to settle the minds of youth;
however, she was concerned about where the City funds are being spent.
Currently, the City is supporting two of the finest programs that address the
same problems: the D.A.R.E, program and Straight Talk. She would like to see
any additional dollars put into those existing programs. Mayor Age concurred
and stated this item had come before Council during the budget session and it
was decided at that time not to fund Hotline. If this is approved, it will
take the City over the budget amount earmarked for community promotion
programs. Councilmember Bowman advised that he would support the item. The
motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kanel and Kerry
NOES: 2 COUNCILMEMBERS: Arnold and Age
ABSENT: 0 COUNCILMEMBERS: None
Responding to Councilmember Kanel, Ms. Anderson replied that the City would be
receiving monthly statistics, quarterly reports and an end-of-year summation.
Councilmember Kanel asked that the City also receive the minutes of the Board
of Directors' meetings. Councilmember Kerry asked for a report on the number
of contacts made through the schools and Ms. Anderson will also supply that
information on a monthly basis.
CONSIDERATION OF DESIGN REVIEW COMMITTEE N0. 90-25. MULTI-TENANT BUILDINGS
NORTHWEST CORNER OF VALLEY VIEW AND ORANGEWOOD: The Interim~~Planning Director
reviewed the staff report dated August 17, 1990, which represented a request
to construct a 254,800 square foot multi-tenant/office park as a part of the
Warland/Cypress Business Center. In accordance with the requirements of the
California Environmental Quality Act, a Negative Declaration will be filed for
this project. She recommended that Condition No. 44 be deleted and requested
that a Condition No. 56 be added to read: "All roof drains and similar
fixtures be internal to the building and not surface mounted to the exterior
of the walls."
Mr. Howard Thompson, 2240 University Drive, Newport Beach, representing
Warland Investments, explained that there is 20 feet of landscaping in front
of the eight foot wall on the south side of the buildings. He assured Council
that th is was a very high-quality project.
After further discussion among the Council about walls and sidewalks,
Councilmember Bowman asked because of the proximity of this project to the Los
Alamitos Air Base whether it would have. to be discussed with the Airport Land
' Use Commission.
Mr. John Chevalier, Aviation Systems, 28441 Highridge Road, Rolling Hills
Estates, reported that it depended on the Airport Land Use Commission, which
has the option of looking at this project it they desire. This project"s
maximum height barely requ Tres filing with the FAA and doesn"t exceed any
standards or regulations of the FAA.
It was moved by Councilmember Kanel and seconded by Councilmember Arnold to
certify the Negative Declaration in accordance with the requirements of the
California Environmental Quality Act and receive and file Design Review
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Committee No. 90-25 subject to conditions, deleting Condition No. 44 and
adding Condition No. 56 addressing rain gutters. 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
Mr. Carl Robertson, Wayland Investments, Ltd., 1299 Ocean Avenue, Suite 300,
Santa Monica, addressing Councilmember Kerry's concerns, remarked that they
currently have a wall on Gateway Drive landscaped with 15 foot pine trees and
foliage which block the wall and make it aesthetically pleasing. He intends
to have similar treatments for this project.
CONSIDERATION OF SOUTH COAST AIR QUALITY MANAGEMENT (SCAQMD) REGULATION XV
CITY EMPLOYEE TRIP REDUCTION PROGRAM:. The Acting City Manager referred to the
staff report dated August 21, 1990, which presented the City's Commuter Trip
Reduction Plan including incentives that staff considers are viable enough to
encourage and motivate employees to use alternative transportation on a
continuous basis. The overall cost to administer and implement the plan is
approximately #7,500. The Plan is subject to revision based on review by the
SCAQMD.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
approve the proposed incentives and programs package as part of the City of
Cypress Commuter Trip Reduction Plan and appropriate #7,500.00 from the fund
balance of the General Fund to Account No. 4014-11-201-07 to implement the
required employee incentives program. 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 SCHEDULING AN INTERVIEW SESSION WITH APPLICANTS FOR THE
ALTERNATE TO THE CYPRESS SENIOR CITIZENS COMMISSION AND THE CULTURAL ARTS
COMMISSION: Mayor Age referred to the staff report dated August 21, 1990,
which indicated that one vacancy for an Alternate position had been created on
the Senior Citizens Commission and two applications have been received. Four
applications are under consideration for the two existing vacancies on the
Cultural Arts Commission.
After some discussion, it was the consensus of the Council to conduct
interviews for the vacancies at 4:30 p.m. on September 10, 1990.
CONSIDERATION OF REDEVELOPMENT AGENCY SALARY SURVEY: The Acting City Manager
presented the staff report dated August 14, 1990, which indicated a salary
survey was conducted on several redevelopment agencies in Orange County. The
State Health & Safety Code restricts agencies in cities of under 200 thousand
population from paying salaries in excess of #30 per meeting attended. The
City Attorney recommended additional compensation for actual and reasonable
expenses for which #40.00 per month is appropriate. The Resolution includes a
statement making the Redevelopment Agency salary retroactive to January 1,
1990.
Councilmember Kanel stated that Redevelopment Agency members should receive
the compensation and recommended that the item be approved. The amount is
very minimal and something that is due under the law.
Councilmember Kerry advised that the compensation would amount to ~ z
approximately #100 per month per Agency Member, which totals approximately
#6,000 per year and she feels that is a justifiable compensation for the
amount of work that is involved.
Councilmember Arnold expressed her objection to compensating Redevelopment
Agency members. Cypress is the only city in Orange County where the five
members of the City Council are the Planning Commission and the Redevelopment
Agency and if the burdens are too great, perhaps the responsibilities should
be shared. She stated she is strongly opposed to the Resolution which also
requests that the compensation be retroactive to January 1.
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Councilmember Bowman advised that he would have supported this Resolution if
it were to be made effective January 1, 1991 and not retroactive. In light of
the fact that it will be made retroactive, he will vote against the item.
Mayor Age stated that she would support the Resolution as it stands. She had
requested that staff conduct the survey because Council is doing more and more
work on redevelopment and she wished to know what other cities were doing. It
is compensation that is allowed and she believed that Council was due the
funds which are not extreme and she will support it.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving compensation
for the Redevelopment. Agency Members in the amount of 530.00 per month per
meeting attended and 540.00 per month for actual and reasonable expenses.
RESOLUTION N0. 3817
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING
COMPENSATION AND EXPENSES FOR THE MEMBERS OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CYPRESS, PURSUANT TO THE STATE HEALTH AND SAFETY
CODE SECTIONS 33114 AND 33114.5.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kanel, Kerry and Age
NOES: 2 COUNCILMEMBERS: Arnold and Bowman
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 40636 -
40918: It was moved by Councilmember Kanel and seconded by Councilmember
Bowman to approve the Warrants No. 40363 through 40918 in the amount of
5922,811.81. 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
At this time, Mayor Age presented Chuck Hicks, a member of the Cypress
T~rvansportation Advisory Committee, with his Certificate of Recognition. Mr.
Hicks was unable to be present at the earlier presentation.
RECREATION ~ PARK DISTRICT MATTERS:
CONTINUATION OF CONSIDERATION OF COMMUNITY CENTER USE POLICY: The Recreation
and Park Director presented the staff report dated August 21, 1990, which
indicated that the Recreation and Community Services Commission did, at the
Council"s direction, consider this issue at its August 21, 1990 meeting. The
Commission recommended unanimously to retain the current 180 day resident
registration policy. The Commission made two points: it was felt that the
current policy better benefited the local nonprofit groups; and that the
current policy was working very well. A survey was made of eight other cities
in the County where four cities had a six month policy and four cities had a
12 month policy for their resident registration. Only two cities, one being
Cypress, had different registration deadlines for residents and nonresidents.
Councilmember Arnold asked if the purpose of renting the Community Center was
to show priority to citizens and nonprofit groups in the City equally, then
why would the Commission want to limit it then have a lottery. The Recreation
and Park Director explained the present procedure and the lottery system.
After further discussion, Councilmember Arnold felt that the policy should be
opened to more consideration and she recommended that the reservation policy
be extended for one year for people who pay the required fee and have a good
reason for renting the center.
Councilmember Kerry asked if weekends were the problem. The Recreation and
Park Director advised that last year on weekdays, the facility was used 63
times by nonprofit groups and only once by a for-profit group. On weekends,
private groups reserved 107 dam and 18 days for nonprofit groups.
Councilmember Kerry asked if a different policy could be used for weekends and
weekdays, which would allow the nonprofit situation to remain the same and the
other groups to have more time on weekends.
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After further discussion, Councilmember Kanel commented that he believed
things would be harmed if the policy were changed to 12 months and he
recommended nine months as an experiment because it should be phased in.
Councilmember Kerry remarked that she saw the problem occurring on weekends,
cannot see Council interfering with functions occurring during the week and
suggested extending the booking up to a year for weekends only. Councilmember
Arnold stated she would support that recommendation as did Mayor Age.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
extend the weekend (from 5:00 p.m. Fridays through 12 Midnight Sunday) booking
privileges up to one year for residents. Councilmember Kanel will support the
motion but is not certain that this experiment will work and hoped that the
Commission would not be offended. 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
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mr. Chuck Hicks, resident of Cypress and member of the Anaheim Union High
School District Board of Trustees, asked for help and support from the City
Council and the citizens of Cypress relative to the AUHSD budget and the
budget of education in the State. He reported that a Resolution had been
prepared by the Anaheim High School District to send to the Governor and he
asked the Council to write collectively or individually voicing their support
for release of funds for education.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 11:40 p.m. to 4:30 p.m.
September 10, 1990.
I
M OR OF THE CITY OF CYPRESS
ATTEST:
CITY~CLERK OF THE CI OF CYPRESS
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