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Minutes 89-12-11 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 11, 1989 The Regular Meeting of the Cypress City Council was called to order at 4:30 p.m. in the City Council Chamber, 5275 Orange Avenue, Cypress by Mayor Cecilia Age. PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Beardsley, Eynon, Hurst, Leonard and Wicker. The City Council conducted interviews of four applicants for the single vacant position on the Cable TV Commission and their decision on the successful candidate would be announced later in the evening. PRESENTATIONS: Police Chief Wicker extended his congratulations and introduced the members of the Cypress Police Department who had received promotions recently. They were: Police Agents Mark Parker and Jeff Wong; Sergeants John Avila and Mike Idom; Lieutenant Jim Weuve and Captain Bob Bandurraga. Each Councilmember extended their congratulations and provided their personal comments to each of the promoted officers. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No communications were presented. CLOSED SESSION: Mayor Age called for a closed session at 5:36 p.m. and reconvened the meeting at 7:36 p.m. with all Councilmember present and staff members Beardsley, DeCarlo, Eynon, Hurst, Leonard and Wicker also present. PLEDGE OF ALLEGIANCE: The pledge was led by City Manager Essex. The invocation was given by Mayor Pro Tem John Kanel wherein he mentioned that a citizen Alice Kotloff was leaving the community for the islands of the Caribbean. Ms. Kotlaff announced that she will be going to Haiti to minister to the sick and poor. PRESENTATIONS: Mayor Age congratulated and presented Mayor"s Proclamations to Victor"s Flowers and Michael and Debbie Michalka, the winners of the "Cypress Celebrates the Holidays" Decorating Contest, which was sponsored by the Cultural Arts Commission in cooperation with the Friends of the Cypress Cultural Arts. Mayor Age expressed her pride and the F?rivilege in the presentation of the Mayor"s plaque to former Mayor Margaret Arnold. Lieutenant John Schaefer reported and narrated a slide presentation about the trip he and Community Service Officer Laura Monical took to the Bay Area after the disastrous October 19$9 earthquake. He also responded to questions from Councilmembers regarding the progress of the disaster planning program for the City of Cypress. The City Manager stated that due to the length of the Closed Session, no action was taken on the 5:30 p.m. Agenda items. The City Attorney summarized the discussions during closed session on two matters: Hollywood Park vs. Cypress and the status of that litigation and potential settlement discussions. The second item was in regard to Cypress vs. Kuty and the Council was also briefed on a new matter of litigation Kuty vs. Cypress. The City Manager mentioned that interviews of applicants for the CATV Commission were conducted by the Council at 4:30 p.m. with a decision to be made at the end of this evening"s meeting. Councilmember Kanel asked that the City Attorney update the community and review the status of the Hollywood Park litigation matters. The City Attorney 1 • f„ x . , y ~ ~ , :.r . r_.; <4 ~ ~r City Council Minutes December 11, 1989 ~ ' responded that there are three cases involving the City and the major one is the state court action which is on appeal to be heard in April regarding Measure "D". The other is a Federal action brought by Hollywood Park for monetary damages for a taking of their property and that action has been successfully deterred at this date. He advised that the race track property has been sold as of November 20. He further advised that there is a third case which involved a state action by a third party on a breach of contract matter. Mr. Greenberg, co-attorney, explained why the Federal court stayed the action by Hollywood Park. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Ms. Mary Jane Wozniak, 4480 Avenida Granada, Cypress, read her statement regarding the recall petition and the Council reorganization. She also remarked that the dates for the two community meetings are going to be conducted in the middle of the holiday season with less than a week"s notice. Mr. Lloyd Arnold, representing the Los Alamitos Race Course, presented and explained the final development map of the Los Alamitos race track facility and there will be no further changes unless requested by the community. He stated that they have met with the concerned citizens, asked for their input .and that the golf course will remain. He asked the Council that this issue be placed on the ballot and set the election as soon as possible. The City Manager announced that the community meeting would be held at 7:00 p.m., December 13 at the Cypress Community Center. After some discussion, he responded to Councilmember Kanel and advised that the plan was an official finalized version which will be the subject of the first Community meeting to obtain public comment. He further advised that this is a long process, there are several other public hearings to be held and there will be many opportunities for public input. Councilmember Kanel mentioned that there are some key elements that must be followed in order to move forward in any kind of a development and the citizens have the right to vote on any zone changes on this property. The City Attorney asked if Messrs. Sardis and Arnold would be available to meet with the Council on Thursday, December 21 at 2:00 p.m. to talk about the process. Mr. Jack Swank, 9849 Via Sonoma, Cypress, expressed his approval of the proposed plan and the golf course and clubhouse. He hoped that the Council would make every effort to place this issue on the ballot as soon as possible. Ms. Joyce Nicholson, President of the Concerned Citizens of Cypress, 6045 Jeffrey Mark Street, Cypress, mentioned that Mr. Arnold had come before her group, asked for-their input on the development plan and the Concerned Citizens are looking forward to putting this plan before the community. She cautioned that as long as the traffic can be controlled, she believed the community will stand behind Mr. Arnold and his plan. Mayor Age commented on statements made by Ms. Wozniak during Oral Communications. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. Councilmember Kerry asked that the Council consider the possibility of breaking with tradition in naming parks after trees and suggested having a Veterans Park when this item comes up on the Agenda. Mr. James Purzycki, 9198 Christopher, Cypress, asked if the item on Variance No. 89-19 could be moved forward on the Agenda. CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 89-19,_AIR CONDITIONERS ON ROOF, 9198 CHRISTOPHER: Mayor Age opened the public hearing. The City Manager referred to the Planning Director who presented the staff report dated November 22, 1989, which represented a request to vary from Section 9.3.A of the Zoning Ordinance to allow two air conditioner units on the roof of an existing home at 9198 Christopher Street. In accordance with the California Environmental Quality Act, this project is exempt. Notices of-the public hearing have been posted, published and mailed to all property owners within a 300-foot radius. 2 f ~ ` City Council Minutes December 11, 1989 No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to close the public hearing and approve Variance No. 89-19 subject to conditions. 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 PUBLIC HEARING RE CONDITIONAL USE PERMIT NO. 89-24 12 UNIT CONDOMINIUM COMPLEX AND TENTATIVE TRACT MAP NO 14107 5322 AND 5332 BISHOP: The Mayor opened the public hearing. The Planning Director summarized the staff report dated December 1, 1989, which indicated that an m application had been filed requesting to construct 12 two and one-half story condominium units at 5322 and 5332 Bishop including a two unit density bonus. Notices of this public hearing were posted, published and mailed to all property owners within 300-feet of the subject property. Mr. Jim Webb, 877 Avenue B, Redondo Beach, owner of the property, questioned Condition #39, the underground storm drain, because the scope of the project did not work if there was a requirement to bring a storm drain all the way to the property line. He mentioned that there was a storm drain easement that runs to the backside of the properties. The City Manager suggested that, with the applicant"s consent, this item be continued to January 8, 1990 because the storm drain feature is a major element of this project. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to continue this public hearing to the meeting of January 8, 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 PUBLIC HEARING RE- CONDITIONAL USE PERMIT ,III N0. 89-27, CONSTRUCTION OF A CHURCH/PARSONAGE/CARETAKERS UNIT, 5900 BALL: Mayor Age declared the public hearing open. The Planning Director, Chris Eynon, referred to the staff report dated December 1, 1989, which represented a request to construct a church/social hall and parsonage/caretakers unit located at 5900 Ball Road. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Rev. John Y. Kim, Korean Community Church, introduced the architect on the project, Mr. Taehee Lee. Rev. Kim told about the church"s affiliation, the congregation and the activities provided. He also expressed a desire to participate in community activities and volunteered to answer any questions. Councilmember Bowman expressed a concern about the double doors on the west side of the gymnasium opening onto a residential neighborhood and asked if there was a way to buffer the noise. Mr. Lee, 3810 Wilshire Blvd., Los Angeles, suggested that the church could direct all users to keep those doors closed while the gymnasium is in use. t ndition be added to reflect the doors uncilmember Kanel su ested tha a co C o g g remain closed during activities in the gym that would produce sufficient noise to disturb the neighbors to the west. Mr. Lee expressed his concern over the condition requiring an eight foot high wall between residential and commercial property. He stated that there is an existing six foot high wall and proposed that be left because adding two more feet would not match the look of the existing wall, would require structural reinforcement, the cost of a completely new wall would be prohibitive and asked for the Council's consideration of this condition. Mayor Age asked if anyone wished to speak on behalf of the application. 3 City Council Minutes December 11, 1989 2 5~ y Mr. Bob Frenzel, 10022 Myra Avenue, Cypress, stated the raising of the block wall two feet is unsafe because the footing would not support it. He further stated that the church is an asset to the community and he welcomed them as neighbors. He was also concerned about the lighting. No one else wished to speak in support of or opposition to this application. Councilmember Kanel expressed his support of the project, remarked that the block wall situation should be a compromise and the additional two feet would be a waste of money. Councilmember Kerry felt that the additional two feet of wall would be excessive but asked that a condition be added to the permit to provide landscaping along the existing wall. Councilmember Arnold stated her support of the project and wished the church well. Councilmember Bowman commented that a church was the best use of the property and will serve as a buffer between the residential .znd the commercial development and was supportive of the project. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to close the public hearing, and approve Conditional Use Permit No. 89-27, subject to conditions. The Planning Director read the two additional conditions which were a result of discussions among the Councilmembers. The first is Condition 40, "The west property line planter shall be landscaped with screening trees minimum 24" box 14 feet on center, Cypress leylandii or similar trees subject to design review." and Condition 41 "The gymnasium doors located on the west side of the building shall be closed at all times during periods of activity." 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 ' RECESS: Mayor Age called a recess at 9:55 p.m. and reconvened the meeting at 10:10 p.m. with all Councilmembers present. CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 89-18 BLOCK WALL IN FRONT YARD SETBACK, 6194 ORANGE AVENUE: The Mayor opened the public hearing. The City Manager called upon the Planning Director who reviewed the staff report dated November 29, 1989, which represented a request for a variance from the 7_oniny Ordinanr_e to allow a six-foot high block wall to encroach a maximum of five feet into the front yard setback. In accordance with the requirements of the California Environmental Quality Act, the proposed variance is deemed not to be a project and is not subject to those provisions. Notices of this public hearing have been posted, published and mailed to all property owners within a 300-foot radius. Ms. Darlene Liddle, 6194 Orange Avenue, ~:ypress, stated they do live on Orange Avenue, the bedrooms face the street and the lights coming through the windows make it difficult for the children to sleep at night. Mayor Age asked if anyone else wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to clo~.e the public hearing and approve Variance No. 89-1$ with one condition. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Aye NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CITY OF CYPRESS LIGHTING DISTRICT N0. 2 - 1990: Mayor Age declared the public hearing open. The City Manager referred the item to the Public Works Director who referenced the staff report dated November 29, 1989 which indicated that two resolutions have been prepared to 'a'ccomplish the final procedures for calendar year 1990 required under the street Lighting Act of 1919: 4 City Council Minutes December 11, 1989 No one wished to speak in support of or opposition to adoption of the final procedures. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to close the public hearing and adopt the Resolutions by title only, titles as follow, confirming the report of the City Engineer and order the improvement to be made and naming and ordering the Southern California Edison Company as the only contractor capable of improving and servicing the street lighting system in Cypress Lighting District No. 2. RESOLUTION N0. 3654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED NOVEMBER 6, 1989, PREPARED PURSUANT TO RESOLUTION N0. 3639 OF SAID COUNCIL, AND REFERRED TO IN RESOLUTION N0. 3642 OF SAID COUNCIL, THE PLANS, SPECIFICATIONS ANO ESTIMATE CONTAINED IN SAID REPORT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION N0. 3642 AND RESOLUTION N0. 3644, APPOINTING THE TIME AND PLACE FOR HEARING, ALL IN ACCORDANCE WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." RESOLUTION N0. 3655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE TO MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM IN CYPRESS LIGHTING DISTRICT N0. 2 AND ORDERED TO BE INSTALLED BY RESOLUTION N0. 3643 OF SAID COUNCIL, ALL IN ACCORDANCE WITH, AND PURSUANT TO THE PROVISIONS OF, DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." 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 DESIGN REVIEW COMMITTEE N0. 89-32, TWO ADDITIONAL DWELLING UNITS. 5560 NEWMAN STREET: The Planning Director summarized the staff report dated December 1, 1989 which described a request to construct two dwelling unit in addition to an existing single-family dwelling unit. In accordance with the California Environmental Quality Act, a Class 3 Notice of Exemption will be filed for this project. She presented an additional condition which stated: "The rear unit shall be demo lished prior to the utilities being released or certificate of occupancy being issued for the central unit." It was moved by Councilmember Arnold and seconded by Councilmember Kanel to receive and file Design Review Committee No. 89-32 subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Aye NOES: 0 COl1NCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE N0. 89-33,_KATO SPRING REGIONAL HEADQUARTERS SOUTHWEST CORNER OF CERRITOS AVENUE AND CAMDEN DRIVE IN CYPRESS POINT: Chris Eynon, Planning Director, summarized the staff report dated December 4, 1989, which represented an application for the development of a phased regional headquarters for Kato Spring. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to receive and file Design Review Committee No. 89-33 subject to conditions. The motion unanimously carried by the following roll call vote: 5 _ ,'r~ City Council Minutes December 11, 1989 ~ 5 AYES; 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REQUEST FROM THE BOYS & GIRLS CLUB OF CYPRESS FOR CONTINUED FINANCIAL SUPPORT: The City Manager reported that a communication had been received from Pamela Towne, Board President of the Boys & Girls Club of Cypress, requesting continued financial support. Mr. Pat Ochoa, First Vice President of the Boys & Girls Club, volunteered to answer any questions from the Council. Responding to Councilmember Bowman, Ray Thomson, Executive Director, replied that over 95X of the children in the Latch Key Program are residents of Cypress. Mr. Ochoa explained that unless the bingo revenue improves or another source of income is developed, they will be in a precarious financial position and he hoped to obtain additional support from the businesses in Cypress. Mr. Thomson reported that the Club's deficit was dramatically more than had been expected last June and they will have to raise a considerable amount of money in order to make the books balance. Councilmember Kanel stated that this Club is not endowed, bingo has been a traditional way of raising funds and the idea of another bingo night might be necessary to bring in the extra income and funds were set aside in the budget as a contingency. Councilmember Arnold expressed her disappointment about the Club not seeking alternative methods of raising funds, the attitude that funds will be received without action to raise those funds and bingo is not the only way to raise funds. She stated she will vote against this item and encouraged the Club to earn money on their own. Councilmember Kerry pointed out that not only did bingo decrease, the United Way also decreased their contribution and she had hoped that the Club would obtain alternative funding to be able to handle their financial needs but they are in a situation where the Council needs to provide the additional funding. Councilmember Bowman stated he would support the Club's request for funds. Mayor Age advised that she would support the request also; however, she asked the representatives to act to raise funds far the next year. Mr. Ochaa responded, for the record, that the fund raisers for the Boys ~ Girls Club did wark hard to raise money, the effort was there, they did what they could and he had opposed asking the City for money. After some discussion, Mr. Thomson explained the Club's fund raising efforts and their success during the last few years and they have nat eliminated any services provided to the cammunity. It was moved by Councilmember Kerry and sec~~nded by Councilmember Bowman to approve an allocation in the amount of $11,~~00 to the Cypress Boys & Girls Club for the period of January 1, 1990 through June 30, 1990. 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 CONSIDERATION OF CITY COUNCIL APPOINTMENTS: Mayor Age opened the discussion, asking various Councilmembers to serve on the organizations listed. Based on these discussions, the following appointments were made: Orange County Sanitation District Mayor - Representative (Meets 2nd Wednesday of the month) Margaret Arnold - Alternate League of California Cities, Mayor - Representative Orange County Division John Kanel - Alternate (Meets 2nd Thursday of the month) 6 t 2 J s City Council Minutes December 11, 1989 Santa Ana River Flood Gail Kerry - Representative Protection Agency Walter Bowman - Alternate Southern California Walter Bowman - Representative Association of Governments John Kanel - Altern-ate (Meets once a year) City/Cypress School District Walter Bowman . Joint Steering Committee Gail Kerry Orange County Vector Control John Kanel - Representative District (term expires 12/31/91) Southern California Association Margaret Arnold of Governments - Policy Advisory Committee After some discussion, it was determined that the Alternate to the Orange County Sanitation District, Margaret Arnold, would be the City's Acting Representative to that organization. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to confirm the appointments to the various organizations. 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 FORTUNE-TELLING ORDINANCE: The City Manager requested the City Attorney to summarize the report dated December 4, 1989, in which a review of the current ordinance indicated that it does not follow current law under recent Supreme Court rulings. The City Attorney explained the chanyes in the revised ordinance that has been prepared and is now before the Council. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to approve the first reading of the Ordinance by title only, title as follows, amending the Cypress Municipal Code regarding fortune-telling. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING DIVISION 2 OF CHAPTER 15 OF THE CYPRESS MUNICIPAL CODE REGARDING FORTUNE-TELLING. 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 RENEWAL OF THE CITY/DISTRICT'S SELF-FUNDED INDEMNITY MEDICAL PLAN: The City Manager referred to the staff report dated December 4, 1989, which suggested that the self-funded limit be raised from $25,000 to $30,000 to reduce a 39% increase in that plan to 18%. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to: 1) authorize the increase in the self-funded limit of $30,000 per illness/injury per person per calendar year with the renewal of the specific and aggregate excess insurance policy with Standard Security at an increase of approximately 18% for the 1990 plan year; and 2) that the City Manager be authorized to place the coverage of the specific and aggregate excess insurance policies elsewhere should a quote be received that provides this insurance at an annual rate increase equal to or less than the 18% with our current self-funded limit of $25,000 per illness/injury per person prior to the effective date of January 1, 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 7 i rr~ City Council Minutes December 11, 1.989 ~ J CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 36323 - 36559: It was moved by Councilmember Kerry and seconded by Councilmember Kanel to approve the Narrant List for Warrants No. 36323 through 36559, in the amount of 5668,199.78. 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 Cvpress Recreation & Park District Matters: CONTINUATION OF CONSIDERATION OF A NAME OF THE PLANNED SORRENTO HOMES COMMUNITY PARK: Councilmember Kerry expressed a preference for incorporating a tree name with the word "Veterans" in naming this park or just "Veterans Park" . Councilmember Arnold stated that she has received input from some citizens and as a result of that input, expressed her desire to consider the name of the park to include that of Officer Sowma who was felled in the line of duty serving Cypress. Mayor Age wondered if this item could be returned to the Recreation and Community Services Commission for reconsideration. Councilmember Kerry commented that she would prefer the name to be more general thus allowing more latitude to dedicate a memorial to any who have served. Councilmember Kanel mentioned that most cities do have memorials to those who have served in WWII, Korea and Viet Nam and suggested incorporating all of that into a "Veterans Park." He commented that some of the local veterans organizations have asked when the City is going to have a memorial and he suggested that this item be continued to the next meeting. Councilmember Bowman stated his preference was not Memorial Park. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to name the park "Veterans Park". 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 Kanel asked and received the Council"s permission to talk to his fellow members of the VFW and American Legion to determine if they wished to engage in fund-raising activities for proposed memorials. RECESS: Mayor Age recess the meeting at 11:24 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The City Council meeting reconvened at 11:26 p.m. with all Councilmembers present. In regard to the selection of a CATV Commissioner, Councilmember Arnold nominated Mr. Bob Parish, seconded by Councilmember Kanel and the nomination 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 Bowman nominated Ms. Irene Matz as the Alternate, seconded by Councilmember Arnold and the nomination was carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 8 ~'j~ City Council Minutes December I1, 1989 CONSIDERATION OF AWARD OF CONTRACT FOR PRINTING OF CITY NEWSLETTERS, REQUEST FOR QUOTATION #8990-12: Ten bids were received for an annual contract for printing of three (3) City Newsletters (Cypress City News, the Neighborhood Watch News Bulletin and the Business Alert). It was moved by Councilmember Kerry and seconded by Councilmember Bowman to accept the bid received from Langdon Printing, 2500 E. Fender "E," Fullerton, CA 92531 as the lowest responsible bidder and award the contract for printing of City Newsletters for the period of January 2, 1990 through January 1, 1991 not to, exceed 317,706.00. 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 to continue the Council meeting to 11:45 p.m. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBFRS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR TYPESETTING AND LAYOUT OF CITY NEWSLETTERS, REQUEST FOR QUOTATION N0. 8990-13: Seven bids were received by Purchasing for an annual contract for the typesetting and layout of three (3) City Newsletters (Cypress City News, the Neighborhood Watch News Bulletin and the Business Alert). It was moved by Councilmember Bowman and seconded by Councilmember Kerry to accept the bid received from Sequoia Typesetting, 5300 Orange Ave., #2I7, Cypress, CA 90630 as the lowest responsible bidder and award the contract for the typesetting/layout of the City Newsletters for the period of January 2, 1990 through January 1, 1991 not to exceed 53,264.80. 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 AWARD OF CONTRACT FOR PROFESSIONAL POLICE BACKGROUND INVESTIGAT[ONS: The staff report dated November 22, 1989 from the Police Department indicates this is an annual contract renewal with Crackel Investigative Services and reflects an increase in the current fee schedule. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to award a contract to Crackel Investigative Services for professional service of police background investigations at a cost of 5550.00 per investigation plus 3.26 for mileage. Partially completed investigations will cost 520.00 per hour with a minimum of five hours. 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 AWARD OF CONTRACT FOR THE REMOVAL OF STREET TREES AND REPAIR OF CONCRETE ON VARIOUS STREETS, PUBLIC WORKS PROJECT N0. 8955: The City Manager reported that five bids were received for the removal of street trees and repair of concrete on various streets. Councilmember Kerry expressed concern about the approximately 185 trees scheduled for removal and strongly recommended that this item be continued or sent to the Tree Committee. Mayor Age suggested that the Tree Committee be given direction, refer this item to them and then have them return to Council. After some discussion, it was moved by Councilmember Kerry and seconded by Councilmember Bowman to continue this item to January 22, 1990 and reject all bids. The City Manager alerted the Council to the problem of the repair of 9 / r . . City Council Minutes December 11, 1989 ,2 rj'~ the concrete in one section of town and the neighbors were advised by the City that the concrete would be repaired. Councilmember Kerry stated she would like the citizens in the affected areas advised that not only is the concrete going to be repaired but that all the trees are going to be removed. Councilmember Kane1 asked if the contracts on the concrete work could be separated from the tree removal.. The Public Works Director advised that if more than one-half of the financial portion of the project were removed, it would not be competitively bid. 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 ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE: The staff report dated November 30, 1989 indicated that All American Asphalt Company has offered contract renewal prices to remain the same for an additional year. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to award an annual purchase agreement for asphalt concrete products to All American Asphalt Co., 14274 Magnolia Ave., P.O. Box 2229, Corona, CA 91718- 2220 at unit prices quoted in the attached letter dated November 6, 1989, with a total amount not to exceed $26,000.00 for a one year period ending December 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 AWARD OF CONTRACTS FOR THE CONSTRUCTION OF A NEW FUEL FACILITY PUBLIC WORKS PROJECT N0. 8876 AND FUEL DISPENSING FACILITY SITE SOIL REMEDIATION PUBLIC WORKS PROJECT N0. 8968: The City Manager called upon the Public Works Director who summarized the staff report dated December 1, 1989 which indicated that the cleanup process should be expedited at the City"s fuel facility. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to: 1) Authorize the expenditure of up to $25,000 to continue the interim groundwater pumping operations by Groundwater Technology, Inc.; 2) Determine the lowest responsible bidder for Public Works Project 8876 (construction) to be Calscience Engineering; 3) Determine the lowest responsible bidder for Public Works Project 8968 (soil remediation) to be Protek Environmental, Inc.; 4) Award a contract for the construction of a New Fuel Dispensing Facility to Calscience Engineering, 5626 Corporate Avenue, Cypress, CA 90630, in the amount of $245,000; 5) Award a contract for the Fuel Dispensing Facility Site Soil Remediation to Protek Environmental, Inc., 15243 Springdale Street, Huntington Beach, CA 92649, in the amount of $109,450; and 6) Authorize expenditure of up to $50,000 for miscellaneous professional services, to be provided by Hydrotech Consultants, as required for soil and water testing during construction. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIIMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCII.MEMBERS: None ABSENT: 0 COUNCIIMEMBERS: None CONSIDERATION OF AWARD OF Ci)NTRACT FOR RENTAL OF PASSENGER VEHICLES AS REQUIRED BY THE CYPRESS POLICE DEPARTMENT: The staff report dated December 4, 1989 indicated that various makes and models of passenger vehicles are used in the day-to-day operation of the Special Enforcement Team. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to authorize the renewal of the contract with Selman Chevrolet, 1800 East Chapman Ave., Orange, CA 92666 for the rental of two (2) each passenger vehicles per month as required by the Police Department at the rate of $350.83 per vehicle for the period December 13, 1989 through December 12, 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 10 fs ~s l f! S 0 City Council Minutes December 11, 1989 CONSIDERATION OF AWARD OF CONTRACT FOR POLICE DEPARTMENT LAP TOP COMPUTERS: The City Manager presented the staff report dated December 4, 1989, which indicated that while investigating the automated report writing program, the officers should individually purchase and retain ownership of their respective lap top computers. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to authorize the initial purchase of twenty-two (22) lap top computers to be fully reimbursed by City police personnel, from The Computer Factory, 18662 MacArthur Blvd., Irvine, CA 92715 in the amount of 536,768.88. 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 Kerry to adjourn the Council meeting at 11:55 p.m. 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 AWARD OF CONTRACT FOR FAX MACHINE: The staff report dated December 4, 1989 which recommended the purchase of an additional Fax machine for City Hall. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to 1) appropriate $3761 from the unreserved fund balance of the general fund to account 4800-90-656-35, and 2) authorize the purchase of one (1) fax machine from Xerox Corporation, 1851 E. First St., Suite 201, Santa Ana, CA 92705 in the amount of $3760.88. 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 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. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to approve the Consent Calendar Items No. 10 through 28. 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 #10: Motion to Approve City Council Minutes of the November 17, 1989 and November 27, 1989 Meetings. Recommendation: That the City Council approve the Minutes of November 17, 1989 and November 27, 1989, as submitted. Item #11: Motion to Introduce and/or Adopt All Ordinances Presented for w. Consideration by Title Only and to Waive Further Reading. Item #12: Consideration of Claim Filed by Russell S. Kerr, Attorney, On Behalf of Edward Herget. 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 #13: Consideration of Claim Filed by Ronald A. MacDonald, Jr. 11 City Council Minutes December ll, .1989 2 s 1 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 1114: Consideration of Employment Lists for the Positions of Jailor/Property Clerk, Office Assistant I/II, Public Works Maintenance Supervisor, and Assistant Mechanic. Recommendation: That the City Council certify the Employment Lists for the positions of Jailor/Property Clerk, Office Assistant I/II, Public Works " Maintenance Supervisor, and Assistant Mechanic as submitted. Item 1115: Consideration of Legislative Advocacy Update. Recommendation: Receive and file. Item 1116: Consideration of Annual Arterial Highway Financing Program Submittal, City of Cypress Project Nos. 9001 (Crescent Avenue) and 9003 (Crescent Avenue). Recommendation: That the City Council: 1) Adopt the Resolutions by title only, titles as follows, requesting inclusion in the Fiscal Year 1990/91 Arterial Highway Financing Program the improvement of Crescent Avenue, from 65' east of the Southern Pacific Railroad right-of-way to Walker Street and right-of-way acquisition along the south side of Crescent Avenue from Watson Street to Walker Street; and 2) Authorize the Mayor to enter into an agreement with the City of La Palma, to establish the terms of a joint project on Crescent Avenue. RESOLUTION N0. 3656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF CRESCENT AVENUE. RESOLUTION N0. 3657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM RIGHT-OF-WAY ACQUISITION ALONG CRESCENT AVENUE. Item #17: Consideration of Renewal of Maintenance Contract for the Cleaning of Cypress Village Public Parking Areas (Tract 8126). Recommendation: That the City Council renew the maintenance contract with Larry Sweeden"s Landscape Gardening Service, 15189 Sierra Bonita, Chino, California 91710, for the weekly cleaning of the public parking areas in Tract 8126, for a one year period at X240.00 per month. Item H18: Consideration of a One Year Service Contract Renewal for the Removal and Disposal of City-Generated hazardous Waste. Recommendation: That the City Council a{~prove renewal of a service contract with Disposal Control, Inc., 1369 W. 9th Street, Upland, California 91786, to remove, transport, and dispose the City's hazardous wastes, for a one year period, endiny December 31, 1990, in an amount not to exceed 56,000. Item X19: Consideration of Allocation of Funds to the Reserve for Contingency Account. Recommendation: That the City Council authorize the 5281,398 to be received from the Single Family Mortgage Revenue Bond Program on January 2, 1990, be recorded as an addition to the "Reserve for Contingency" account. Item X20: Consideration of Adoption of Various Building Codes and Certain Amendments Thereto. Recommendation: That the City Council approve the first reading of the attached Ordinances by title only, titles as follows, adopting by reference the 1988 Building-related Codes and set Monday, January 8, 1990, at 7:30 p.m., as the day, date, and time for a public hearing to hear any objections to the adoption of these Ordinances. 12 ~ ~ . City Council Minutes December 11, 1989 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 ANO 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM BUILDING CODE, THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE, THE 1988 EDITION OF THE UNIFORM HOUSING CODE, THE 1988 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1988 EDITION OF THE ADMINISTRATIVE CODE AND THE 1988 EDITION OF THE UNIFORM BUILDING CODE STANDARDS. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, THE 1988 EDITION OF THE UNIFORM SWIMMING POOL CODE, THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 5-3 AND 5-4 TO CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM FIRE CODE AND THE 1988 EDITION OF THE UNIFORM FIRE CODE STANDARDS. Item #21: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Dale F. Davidson and Meddy A.B. Fattohi, D.B.A. Hideaway Bar, 4360 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #22: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Shu Tong Chan and Lien Lieu, D.B.A. Lucky Chinese Restaurant (former Chinese Gardens), 11515 Knott Avenue, Cypress. Recommendation: Receive and file. Item #23: Consideration of Renewal of the FHP and Kaiser Permanente Health Maintenance Organization Plans (HMO), Recommendation: That the City Council, and acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, authorize the renewal of both the FHP and Kaiser Permanente (HMO) plans at the rates outlined in the report. Item #24: Consideration of an Application for Alcoholic Beverage License Transfer Filed by California Sportservice, Inc. & EPICUREAN, Inc. (Race Track Conc:ession), 5001 Katella Avenue, Cypress. Recommendation: Receive and file. Item #25: Consideration of Employment List for the Position of Police Officer Trainee. Recommendation: That the City Council certify the Employment List for the position of Police Officer Trainee. Item #26: Continuation of Consideration of Design Review Committee No. 89-30, Five Story Office Buildings, Corner of Douglas Drive and Plaza Drive. Recommendation: That the City Council continue this matter to the meeting of January 8, 1990. Item #27: Continuation of Consideration of Release of Reserved Cable Channel as Per Franchise Agreement. Recommendation: That the City Council continue consideration of this item to the Council meeting of January 8, 1990. 13 City Council Minutes December 11, 1989 2 6 3 Recreation & Park District Matters: Item #28: Consideration of Attendance of the 1990 California and Pacific Southwest Recreation and Park Conference. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve the attendance of the Recreation and Park District Director, Marvin DeCarlo, staff, and seven Recreation and Community Services Commissioners at the California and Pacific Southwest Recreation and Park Conference, March 15-18, 1990, in San Diego, and be reimbursed for all actual and necessary expenses incurred; and 2) approve transferring 12,615.00 from the fund balance of the General Fund to Account #4206-12-328-10 (Meetings & Travel). END OF CONSENT CALENDAR ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Arnold to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance adjusting Council compensation. ORDINANCE N0. 832 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-3.3 OF THE CODE OF THE CITY OF CYPRESS ADJUSTING COUNCIL COMPENSATION BY 5% AS AUTHORIZED BY STATE LAW. 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, granting Variance No. 89-17. RESOLUTION N0. 3658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE REDUCTION OF REQUIRED PARKING SPACES FOR THE RAMADA INN, VARIANCE N0. 89-17. 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 Kanel to adopt the Resolution by title only, title as follows, amending CUP 89-23. RESOLUTION N0. 3659 A RESOLUTION OF THE CITY COl1NCIL CF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 89-23 - WITH CONDITIONS (SEVEN APARTMENT l1NITS, INCLUDING ONE DENSITY BONUS UNIT, 9562 WALKER STREET). The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOE5: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Kanel to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending the City Code and related penalty provisions. 14 2~4 City Council Minutes December 11, 1989 ORDINANCE N0. 833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 1-7, "GENERAL PENALTY; CONTINUING VIOLATIONS," OF THE CODE OF THE CITY OF CYPRESS AND RELATED PENALTY PROVISIONS TO CONFORM TO STATE LAW. 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. No one wished to speak. WRITTEN COMMI~NICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 11:51 p.m. to December 21, 1989 at 2:00 p.m. in the Administrative Conference Room. . ~i~ ~ ~p MAY OF THE CITY OF CY ESS ATTEST: CITY CLERK F E I 0 CYPRESS 15