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Minutes 90-06-25 6 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 25, 1990 A Regular Meetiny of the Cypress City Council was called to order at 5:35 p.m., Monday, June 25, 1990, in the City Council Chamber, 5275 Orange Avenue, Cypress, Mayor Cecilia Age presiding. PRESENT: Councilmembers: Arnold, Bowman, Kanel, Kerry and Age ABSENT: None Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney, John Cavanaugh and staff members Beardsley, Chavez, DeCarlo and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. Mayor Age introduced John Cavanaugh who would be acting as the City Attorney this evening in place of Jerry Patterson. She also introduced Rosemary Chavez, Associate Planner, representing the Planning Department. CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL SERVICES TO PREPARE AN UPDATE TO THE EXISTING SIGN ORDINANCE FOR THE CITY OF CYPRESS: The City Manager asked the Associate Planner to present the staff report dated June 13, 1990 which indicated that six proposals were received from consulting firms specializing in sign ordinance updates. The top three firms were selected by the Planning Department staff and interviewed by the Administrative Coordinating Team. Councilmember Bowman asked why the large difference between the cost of the proposal submitted by the recommended firm and the next bidder; namely approximately 157,000. The Associate Planner reported that she had contacted the Urban Design Studio who felt their firm, specializing solely in design services and with the time period indicated, that the update could be done at that price. The City Manager explained that the three firms were interviewed without knowledge of the bids, the firms rated, the bids opened and the amounts indicated. Councilmember Bowman stated that predicated on what the bids are and the amount Urban Design is willing to charge, in his opinion, he would accept the second bid. Councilmember Kanel commented that the third firm also came in at a high figure and, based on the RFP and the amount of hours involved, it does seem strange there could be such a low bid. He asked the City Manager for more background and would be willing to continue this item. The City Manager suggested that perhaps the Council should interview the three firms and then they determine the successful bidder. Councilmember Arnold voiced her concern about Urban Design and that they might possibly not spend the time on the project. She expressed a desire for additional time to be spent on the update rather than just a report from a computer. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to continue this item to the next Council meeting at 3:30 p.m. on July 9, to enable City Council to interview the top three firms selected to perform the - sign ordinance updates. 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 5K/lOK RUN T-SHIRTS REQUEST FOR QUOTATION #8990-29: Six acceptable bids were received for the purchase of 5K/lOK Run T-Shirts. C~ City Council Minutes June 25, 1990 It was moved by Councilmember Bowman and seconded by Councilmember Kanel that the City Council acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District accept the bid received from Program Designs, P.O. Box 4324, Huntington Beach, CA 92605 and award the contract for the purchase of 5K/lOK Run T-Shirts in the amount of 56,723.50. 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 ANNUAL SCHOOL BUS CONTRACT REQUEST FOR QUOTATION #8990-30: Four bids were received for an annual school bus transportation contract. It was moved by Councilmember Kanel and seconded by Councilmember Bowman that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District accept the bid received from Transportation Charter Services, Inc., 100 S. Anaheim Blvd., #310, Anaheim, CA 92805 for school bus transportation and award a contract to this company for a one (1) year period. 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 ANNUAL RECLINER BUS CONTRACT REQUEST FOR QUOTATION #8990-31: Four bids were received for an annual recliner bus transportation contract. It was moved by Councilmember Kanel and seconded by Councilmember Kerry that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District accept the bid received from Hot Dogger Tours, Inc., 12110 E. Philadelphia, Whittier, CA 90601 for recliner bus transportation and award a contract to this company for a period of one (1) _ year. 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 INSTALLATION OF STREET STRIPING AND PAVEMENT MARKERS ON VARIOUS CITY STREETS, PUBLIC WORKS PROJECT NO 9009: Five bids were received for the installation of street striping and pavement markers on various city streets. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to: 1) Determine that the lowest responsible bidder for Public Works Project No. 9009 to be Arrow Straight Marking and Striping Service; and 2) Award a contract for the Installation of Street Striping and Pavement Markers on Various City Streets to Arrow Straight Marking and Striping Service, 3084 Strasbourg Drive, Riverside, CA 92504, in the amount of 517,461.75. 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 ONE (1) TRAILER TYPE ARROWBOARD REQUEST FOR QUOTATION #8990-33: Five bids were received for the purchase of one (1) trailer type arrowboard. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to accept the bid received from Starlite Safety Supply Inc., 16330 Phoebe Avenue, La Mirada, CA 90638 as the lowest responsible bidder and award a contract for the purchase of one (1) trailer type arrowboard to this company in the amount of 53,394.69. 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 2 r' 4 City Council Minutes June 25, 1990 CONSIDERATION OF AWARD OF CONTRACT FOR STREET NAME SIGNS, REQUEST FOR QUOTATION #8990-34: Four bids were received for 504 street name signs and required mounting hardware. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to accept the bid .received from Safeway Sign Company, 1314 134th St., Gardena, CA 90247 as the lowest responsible bidder and award a contract for the purchase of street name signs to this company in the amount of 517,293.04. 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 INSTALLATION OF SECURITY LIGHTING AT THE CYPRESS COMMUNITY .CENTER, PUBLIC WORKS PROJECT N0. 9007: Three bids were received for the installation of security lighting at the Cypress Community Center. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to: 1) determine the lowest responsible bidder for Public Works Project No. 9007 to be Building Energy Consultants and 2) award contract for the installation of security lighting at the Cypress Community Center to Building Energy Consultants, 1320 W. Tefft Street, Nipomo, CA 93444, in the amount of 54,250.00. 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 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 Bowman requested that Item No. 17, Consideration of Additional Appropriation for City Attorney Program, be removed for further discussion. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to approve the Consent Calendar, Items No. 9 through 25 with the exception of Item No. 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 Item No. 9: Consideration of Approval of City Council Minutes of June 4, 1990 and June 11, 1990. Recommendation: That the City Council approve the Minutes of June 4, 1990 and June 11, 1990 as submitted, with Councilman Kanel abstaining on the June 11, 1990 Minutes due to his absence at the meeting. Item No. 10: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 11: Consideration of Claim Filed by Edith Becker. 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. 12: Consideration of Claim Filed by Richard E. Holmes, Attorney, On Behalf of Harold Caswell. Recommendation: That the City Council officially reject the subject claim and refer it to the City"s Claims Administrator, Carl Warren & Co., and to the City Attorney for appropriate disposition. 3 - _ 4 ~ City Council Minutes June 25, 1990 Item No. 13: Consideration of Lease Renewal With the Cypress Chamber of Commerce for the Frank P. Noe Building. Recommendation: That the City Council approve the renewal of the lease for use of the Frank P. Noe Building, located at 9471 Walker Street, at the existing 11.00 per year rate, expiring on June 30, 1991. Item No. 14: Consideration of a Resolution Approving the City"s participation in the Housing and Community Development Agreement with the County of Orange, Beginning July 1, 1991 and Ending June 30, 1994. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the City of Cypress' participation in the Housing and Community Development Block Grant Program with the County of Orange and authorizing the Mayor to sign the Cooperation Agreement on behalf of the City Council of the City of Cypress. RESOLUTION N0. 3775 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY"S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. Item No. 15: Consideration of Annual Requalification of Participating Cities . in the County of Orange Arterial Highway Financing Program {AHFP). Recommendation: That the City Council adopt the Resolution by title only, title as follows, informing the AHFP Advisory Committee that the Circulation Element of the Cypress General Plan conforms to the County MPAH. RESOLUTION NO. 3776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMS TO THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. Item No. 16: Consideration of Acceptance of Agreement with the City of Los Alamitos and City of Stanton for the Katella Avenue Traffic Signal Coordination Project, Public Works Project No. 8936. Recommendation: That the City Council: 1) Accept the three-party Agreement between the Cities of Los Alamitos, Stanton and Cypress for the Katella Avenue Traffic Signal Coordination Project; and 2) Authorize the Mayor to execute the Agreement and the City Clerk to attest. Item No. 18: Consideration of Walker Street Storm Drain Reimbursement Agreement - City Agreement No. 94. Recommendation: That the City Council: 1) Authorize an appropriation in the amount of 1135,936.24 from the Fund Balance of the Planned Local Drainage Facilities Fund to Account No. 4293-26-272-23; and 2) Authorize reimbursement to MDC, per the subject agreement, in the amount of 1135,936.24. Item No. 19: Consideration of Orange County/L.A. County Mutual Aid Equipment Sharing Agreement. Recommendation: That the City Council approve the City"s participation in the Orange County/Los Angeles County Public Works Mutual Aid Program and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Item No. 20: Consideration of Acceptance of Final Parcel Map No. 88-365 (Orange Avenue, Southwest Corner of Holder Street). Recommendation: That the City Council approve Final Parcel Map No. 88-365, accept the bond for public improvements in the amount of 15,200.00, which is not less than 50x nor more than 100x of the total improvements, and authorize the City Clerk to sign the Record Map. Item No. 21: Consideration of Cable Television Commission Recommendations for Grant Funding. 4 i fl City Council Minutes June 25, 1990 Recommendation: That the City Council approve the Public Access Grant application, in the amount of 5468.00, to Ron Leyvas, Sr., as recommended by the Cable Television Commission. Item No. 22: Consideration of Proposed Cypress Community Video Contest. Recommendation: That the City Council approve the implementation of the Video Contest and the distribution of twelve (12) cash prizes up to a total of (700.00 as recommended by the CATV Commission. Item No. 23: Consideration of Design Review Committee's Approval of DRC #90- w w. 18, #90-19, #90-20, and #90-21. Recommendation: Receive and file. Item No. 24: Consideration of Claim Filed by Scott and Susan Mercier. 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. 25: Consideration of Adoption of Resolutions Required for the Conduct of the November 6, 1990 General Municipal Election. RESOLUTION N0. 3777 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 1990, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY A CHARTER AMENDMENT AND AN INITIATIVE ORDINANCE RELATING TO THE ESTABLISHMENT OF A PLANNING COMMISSION. RESOLUTION N0. 3778 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 6, 1990, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. RESOLUTION N0. 3779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. END OF CONSENT CALENDAR Regarding the Consideration of Additional Appropriation for City Attorney Program, Councilmember Bowman stated that he had understood that those legal fees would be paid by the developer rather than the City. It was suggested that this item be continued to later in the evening and hearing no objection, Mayor Age inserted this as Item 40(a) on the Agenda. ORDINANCES (Second Reading) 8. RESOLUTIONS: It was moved by Councilmember Arnold and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 86-85. Councilmember Kanel advised that he has reviewed the video tape of the June 11, 1990 meeting and would be voting on the following matters. RESOLUTION N0. 3780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 86-35 - WITH CONDITIONS (ONSITE CAR RENTAL SERVICE, RAMADA INN, 5865 KATELLA AVENUE), 5 4~1 City Council Minutes June 25, 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 It was moved by Councilmember Arnold and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, granting Variance No. 90-9. RESOLUTION N0. 3781 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 A SIX FOOT (6') HIGH WALL WITHIN THE REQUIRED TNENTY FOOT (20') FRONT YARD SETBACK - VARIANCE N0. 90-9 (9711 JUANITA STREET). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving CUP 90-11. Councilmember Bowman asked if the condition regulating a restaurant facility could be eliminated. The Public Works Director stated that if there is no restaurant, the condition wouldn't be applicable and it was inadvertently left in the resolution. Councilmember Kerry agreed to amend her motion deleting Item No. 26. RESOLUTION N0. 3782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 90-11 - WITH CONDITIONS (DOUBLE DECKER DRIVING RANGE, 456E KATELLA AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Arnold and seconded by Councilmember Bowman to order the following Ordinance read by title only, title as follows and to adopt the Ordinance approving and adopting a redevelopment plan for Lincoln Avenue. The City Manager announced that he had a communication from Mr. Justice regarding this item. Councilmember Kanel explained why the Calvary Chapel had requested exclusion from the Redevelopment project along with some of the residents who were in the project but not on Lincoln Avenue. Anybody could have requested exclusion from the project at the public hearing. He hoped that Mr. Justice would understand what is happening and the benefit the redevelopment project will be for the area. ORDINANCE N0. 852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT. 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. Tom Justice, 8911 Watson Street, Cypress, stated he was appointed to the Lincoln Avenue Redevelopment Project Area Committee, 17 people worked diligently for the project and the Council and they were told that nobody could remove themselves from the project. He also stated that no one on the committee objected to the exclusion of the church property and the committee felt they were misled. 6 City Council Minutes June 25, 1990 The City Manager explained that Mr. Justice was chairman of the committee and is now representing some of the committee members who felt that certain exclusions from the project should not have been allowed; however, at the time of processing, staff was unaware that it would be an option. Councilmember Arnold advised that it is not the desire of the City to have a redevelopment project that allows people to get in and out because that ruins the whole meaning of the project. Mr. Justice stated he felt that 17 people absolutely wasted their time because they were not privy to the options. Councilmember Kanel stated that serving on the committee was not a waste of time but performance of a public service and the addition of Lincoln Avenue to the Redevelopment Agency is long overdue. Councilmember Bowman stated that the individuals that opted to exclude themselves from the project will return when they see the definite tax benefits to the property owners. CLOSED SESSION: Mayor Age recessed the meeting at 6:45 p.m. to enable the Council to enter closed session to discuss matters of personnel and litigation. The meeting reconvened at 7:35 p.m. with all Councilmembers present. Staff members Beardsley, Chavez, DeCarlo, Storey and Wicker were also present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry. PRESENTATION: Mayor Age presented a Community Service Plaque to former Cultural Arts Commissioner Joan Edwards and thanked her for all her effort and hard work in the community. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, spoke on the rabbits in the Nature Park that people in the neighborhood like to feed and kids go to see them. There is no good reason to trap the rabbits to be killed. Councilmember Bowman stated that the property owners in the area have a right to a say, the consensus is they would like something done about the rabbits and we are talking about domestic rabbits that have been turned loose. Mr. Ted Hill, 10001 St. Vincent Cr., Cypress, voiced his objection to getting rid of animals. Councilmember Kerry asked what staff intended to do about the rabbits and the City Manager responded that these are not wild rabbits and as they increase in numbers, they are becoming a nuisance to the neighborhood and; therefore, staff was proceeding to trap the rabbits and give then to the Animal Control Center. Councilmember Kerry suggested that the fence be reinforced to keep the rabbits in the nature park. Mayor Age requested that any action on the rabbits be withheld and the item will be placed on the Agenda for the meeting of July 9, 1990. Mayor Age announced that the City was successful in its attempt with the Airport Land Use Commission to have the army withdraw their AICUZ study, which is a major victory for the City. She thanked all the cities and individuals that were instrumental in accomplishing this task. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. The City Manager reviewed the Council"s actions taken on items on the 5:30 p.m. portion of the Agenda. The Acting City Attorney reviewed discussions held during Closed Session on the status of the litigation between the City of Los Alamitos and the City of Cypress. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 89-30 ADOLESCENT COMMUNITY CARE FACILITY 8542 SUMNER PLACE: Mayor Age opened the public hearing. The City Manager called upon the Associate Planner 7 City Council Minutes June 25, 1990 to summarize the staff report dated June 13, 1990, which represented a request to operate an adolescent community care facility at 8542 Sumner Place. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of this public hearing were published, posted and mailed to all property owners within a 300-foot radius of the subject property. Mr. Ernest Harris, Project Architect, 8348 Center Dr., La Mesa, introduced himself. Mayor Age asked him if he would be willing to continue this item because staff had not analyzed the most recently submitted parking layout. Mr. Harris suggested that the conditional use permit be granted subject to conditions and then work out the actual parking arrangement with staff. He mentioned that there are several other conditions which need to be resolved. Councilmember Kanel stated that it seemed to be in the best interest of the applicant to continue this item. He expressed the opinion that he did not believe in modifications on a follow-up, they should all be done at one time and suggested it be continued to July 23. Mr. Don Gilligan, 2904 Plaza Leonardo, Bonita, representing the owners of the facility, agreed to the continuance and requested that something concrete be provided at the July 23 meeting. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to continue this item to the meeting of July 23, 1990. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-10, DRIVE-THRU RESTAURANT/RETAIL CENTER, 5501 AND 5591 BALL ROAD: Mayor Age declared the public hearing open. Associate Planner, Rosemary Chavez, presented the staff report dated June 11, 1990, which was continued from the Council meeting of May 29, 1990 to allow staff and the applicant an opportunity to address issues and concerns revealed at that meeting. She added a condition prohibiting outdoor storage and deleted Condition No. 11, which required the undergrounding of all existing off-site utility lines and appurtenances which provide direct service to the subject property. Councilmember Kerry expressed concern about the trash enclosure and the proximity of the driveway to the corner of Walker Street. The Public Works Director explained that the left turn pocket would provide a refuge for the vehicle making a left turn into the restaurant, would be a protected move and is not unusual for that type of intersection. Mr. Brent Ogden, 4040 MacArthur Blvd., Suite 314, Newport Beach, stated he had met twice with the property owner to the north and resolved their concerns. He explained the revised site and floor plan changes. No one wished to speak in support of or opposition to the application. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to close the public hearing, certify the negative declaration in accordance with the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 90- 10, subject to conditions including those added or deleted. 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 NO. 90- 12, LIQUOR LICENSE FOR MEXICAN RESTAURANT, 10503 VALLEY VIEW STREET: Mayor Age opened the public hearing. The Associate Planner presented the staff report dated June 15, 1990, which represented a request to operate a Mexican restaurant with the onsite sale of general alcoholic beverages in The Pavilion at 10503 Valley View Street. The subject action is not considered a "project" as defined in the California Environmental Quality act; therefore, no environmental documentation is required. Notices of the public hearing have been posted, published and mailed to all property owners within 300 feet of the subject parcel. 8 City Council Minutes June 25, 1990 Mr. Daniel Josef, 1275 Redondo Beach Blvd., Suite 203, Gardena, representing the applicant, explained that the project was a Mexican restaurant, called the Burnt Tortilla, serving excellent homemade food. Mayor Age asked if anyone wished to speak in support of or opposition to the application. No one did so. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to close the public hearing, and approve Conditional Use Permit No. 90-12 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 CONSIDERATION OF PUBIC HEARING RE: TENTATIVE PARCEL MAP NO. 90-241, CYPRESS BUSINESS AND PROFESSIONAL CENTER PROPERTY SURROUNDING THE LOS ALAMITOS RACE TRACK: The public hearing was opened by Mayor Age. The City Manager requested the Associate Planner to summarize the staff report dated June 8, 1990 and a copy of added Condition No. 16 to the application was provided. The Associate Planner described the request to re-subdivide eight (8) parcels into eight (8) parcels for the future development of the Cypress Business and Professional Center. The City has determined that the proposed parcel map is adequately addressed under their Final Subsequent EIR and that no additional environmental documentation is required. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius. Staff recommended the approval of Tentative Parcel Map No. 90-241 with the deletion of Condition No. 12 and the addition of Condition No. 16. Responding to Mayor Age, the Public Works Director explained that the applicant expressed concern about the effective time for the requirements expressed in deleted Condition No. 12, which was a Fire Department condition. After discussion with the Fire Department and the knowledge that there would be no buildings built as a part of this tentative parcel map, they felt the condition irrelevant and staff is recommending deletion. Mr. Lloyd Arnold, Los Alamitos Race Course, requested two minor changes to Conditions No. 9 and 10, which would read "prior to the issuance of a building permit," replacing approval and/or recordation of the final tract/parcel map. The Public Works Director stated that the change probably wouldn't be appropriate in Condition No. 9, which refers to the race course and he would want to review that condition prior to a wording change. Condition No. 10 was a Fire Department condition, which was a standard county-wide condition requested for all maps within their jurisdiction. The Public Works Director suggested adding a statement to Condition No. 10, which reads "Unless deferred by the Fire Chief to a later time, prior to recordation of a final tract/parcel map, water improvement plans...." Responding to Councilmember Kanel, the Acting City Attorney answered that he has reviewed the revised condition and the language as modified by the Public Works Director would be acceptable. Councilmember Kerry asked Mr. Arnold if the conditions as amended were acceptable and he replied in the affirmative. No one wished to speak in favor of or against the application. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to close the public hearing and approve Tentative Parcel Map No. 90-241, subject to conditions as amended and/or added. Councilmember Bowman asked how Condition No. 9 would be reworded and it was determined that Condition No. 9 would remain as originally suggested, Condition No. 10 modified and Condition No. 16 added. 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 9 City Council Minutes- June 25 ,1990 4 CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF THE 1990-91 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT: Mayor Age opened the hearing. The City Manager stated that the City is required to conduct a public hearing for the adoption of the annual budget for the Cypress Recreation and Park District. Budget workshops have been held with the City Council and the Recreation and Community Service Commission. The staff report dated June 6, 1990, indicated there is a surplus of approximately 511,000 over the expenditures of 53,206,601. The District has proposed the addition of one part-time Recreation Specialist, the development of a Master Design Plan for the new Cypress Senior Citizens Center and continued expansion of programs for special age populations. Mayor Age asked if anyone wished to speak in favor of or in opposition to the proposed Cypress Recreation and Park District 1990/91 Budget. No one wished to speak. It was moved by Councilmember Arnold and seconded by Councilmember Kerry that the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District close the public hearing and adopt the 1990-91 District Budget as proposed. 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 DISCUSSION REGARDING LEAF BLOWERS: The City Manager advised that Mayor Age and Councilmember Bowman requested that this item be placed on the agenda for discussion in response to letters received from Audie Ashcraft and Ellen Margetich regarding noise generated by leaf blowers. Ms. Ellen Margetich, 11436 Culebra Street, Cypress, stated that she has four neighbors with gardeners using leaf blowers every Saturday, which generate noise, dust and noxious odors. She suggested that these gardening companies may not have a business license. Councilmember Kanel commented that this is something that should be looked at to consider giving relief to people because other residents have complained about blowers. Mayor Age concurred and suggested that the use of leaf blowers be restricted to certain times of the day. Councilmember Bowman suggested that a public hearing be held so all sides of the issue could be heard. Councilmember Arnold concurred that a public hearing should be held. Councilmember Kerry remarked that there may be two issues, the noise and the disposition of the trash. Mayor Age asked that this item be placed on the July 23, 1990 agenda for a public hearing. Councilmember Kerry asked that the upcoming public hearing be advertised on cable television. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to conduct a public hearing on July 23, 1990 to discuss whether an ordinance regulating leaf blowers should be considered. 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 INCREASE IN RESIDENTIAL REFUSE DISPOSAL RATES: The City Manager presented the staff report dated June 15, 1990 and advised that the City has a franchise agreement for the collection of refuse with Briggeman Disposal Services, Inc., who has requested an increase in the residential refuse disposal rate effective July 1, 1990. The rate increase is based on the increased gate fees at Orange County landfills and a cost of living increase. 10 / City Council Minutes June 25, 1990 Mr. George Briggeman, Jr., Vice President of Briggeman Disposal Services, Inc., 10608 Los Alamitos Blvd., Los Alamitos, explained that this has been the third increase in the County landfill gate fees in the past 18 month period. He announced that his company was working with staff to devise a program on recycling to be presented to the Council within the next 30 to 60 days. The City Manager stated that we believe we have an outstanding program to be presented to the Council on recycling, but it will also impact collection rates. Recycling is not free, but with the proper program, we are hopeful the citizens will support it and be receptive to the recycling effort. After some discussion, Mr. Briggeman explained that whatever percentage of the waste stream is reduced entering the County landfills from the City of Cypress u via recycling, those savings will be passed on to the residents. Responding to Councilmember Kanel, Mr. Briggeman answered that each year the Department of Conservation allots funds for recycling programs but very few cities were awarded grants. Once a recycling program has been implemented; however, the chances of receiving a grant are improved. Mr. Briggeman provided information and answered questions from the Council on rates, landfills, and the outlook for waste and recycling. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to approve the 51.69 per month increase in residential refuse disposal rates and the new rate of compensation for Briggeman Disposal Services Inc., effective July 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 CONSIDERATION OF ADOPTION OF THE 1990-91 BUDGET FOR THE CITY OF CYPRESS: City Manager Darrell Essex presented the staff report dated June 12, 1990, which indicated that budget workshop sessions were held with the City Council with two additional items requiring appropriation since the workshop session. The first is the additional appropriation of 56,324 contract cost for animal control and animal shelter services; the second is 521,225 in capital projects for the Civic Center irrigation system. The estimated revenues for all funds are represented by an amount of 517,268,047, which will leave a net balance of revenues over the appropriation amount of 5658,000 certain portions of which are restricted. The City Manager reviewed some of the proposed budget items. A video tape prepared by the Public Works Department and the Video staff was shown explaining some of the current public works projects and the public capital outlay portion of the budget. The City Manager provided a summary of the funding to the various non-profit groups within the community. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving the annual budget for the fiscal year commencing July 1, 1990 and fixing the limitations of expenditures for the several funds and the functions, departments and activities carried on under such funds. RESOLUTION N0. 3783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1990 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS ANO THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. 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 PROFESSIONAL SERVICES FOR ADMINISTRATION DEPARTMENT: The City Manager presented the staff report dated June 15, 1990 which represented a request for the continuation of the contract for the part-time administrative consultant, approximately 20 to 25 hours per week, assigned to projects such as: the development of solid waste management programs, animal control contract administration, disaster planning and benefit administration. 11 City Council Minutes June 25, 1990 It was moved by Councilmember Bowman and seconded by Councilmember Kerry to authorize the City Manager to enter into an agreement for part-time consultant services. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBER5: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PURCHASING A TABLE AT THE CYPRESS FESTIVAL KICK OFF EVENT SPONSORED BY THE FRIENDS OF CYPRESS CULTURAL ARTS: The staff report dated June 20, 1990 was summarized by the City Manager. A request was received from the Friends of the Cypress Cultural Arts asking the City Council to purchase a table for ten, at S30 per person, for the Cypress Festival Kick-Off Event to be held on July 14, 1990 at the Ramada Inn. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to approve the purchase of a table for ten at S30 per person for the July 14, 1990 Cypress Festival Kick-Off Event. 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 39617 - 39869: It was moved by Councilmember Kanel and seconded by Councilmember Bowman to approve the Warrants No. 39617 through 39869 in the amount of 51,688,315.38. 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 Additional Appropriation for City Attorney Program, the Finance Director explained that the unanticipated costs of legal services dealing with the Sorrento Financing Agreement will be shown as an expenditure on the City"s books and Council authorization is needed to approve those expenditures even though they will be reimbursed under a revenue account. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to authorize an appropriation from the unreserved fund balance of the General Fund in the amount of 551,000 to the following accounts: 4179-11-105-01 130,000 4211-11-105-01 21,000 151,000 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 recessed the meeting at 10:11 p.m, to allow the City Council to act as the Redevelopment Agency. The meeting reconvened at 10:13 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Kanel asked if Channel 3 was the channel set aside for local programming because he has noticed that Copley/Colony has been utilizing that channel heavily to promote its own cable channels. He would like to know if they were allowed to do that. The City Manager responded that he would check the Franchise Agreement with Copley/Colony to determine if that were a proper use of that channel and the item would be discussed at the next meeting. 12 t.~ City Council Minutes June 25, 1990 WRITTEN COMMUNICATIONS: The City Manager asked when it would be convenient for the Council to take the Senior Housing tour. After some discussion, it was decided that the tour would take place on morning of July 16. ADJOURNMENT: Mayor Age adjourned the meeting to July 9, 1990 at 3:30 p.m. Y OF THE CITY OF CYP SS ATTEST: CITY `CL K OF HE CIT F CYPRESS 13