Loading...
Minutes 90-10-08 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 8, 1990 A Regular Meeting of the Cypress City Council was called to order at 4:13 p.m., Monday, October 8, 1990, in the Council Chamber, 5275 Orange Avenue, Mayor Cecilia Age presiding. PRESENT: Councilmembers Arnold, Bowman, Kanel and Age ABSENT: Councilmember Kerry Also present were City~Manager/City Clerk Darrell Essex and City Attorney Jerry Patterson and .staff members Bandurraga, Beardsley and DeCarlo. The City Council interviewed Mr. Paul Angers for the alternate vacancy on the Senior Citizens Commission and Mr. Brian Sunley, who applied for the position of Recreation and Community Services Commissioner. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR COMPUTER SOFTWARE DEVELOPMENT AND MAINTENANCE: Police Lt. John Schaefer presented the staff report dated September 17, 1990, which indicated that the present police computer software package purchased from Business Information Systems (BIS) did not meet expectations nor did the company adhere to the conditions of the contract. The Police Department has now located support for their maintenance and product improvement from Dynamic Data Systems and an agreement has been negotiated for the period of July 1, 1990 through June 30, 1991. In order to justify accounts with BIS, the Police Department is willing to pay them the 54,060 BIS believes is contractually due them. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to authorize payment of 14,060.00 to Business Information Systems, 4880 Market Street Ventura, CA per the agreement and award the one year contract for 514,484.96 to Dynamic Data Systems, 4587 Telephone Road, Suite 202, Ventura, CA, effective July 1, 1990 through June 30, 1991 and that both contracts be paid with funds budgeted for this purpose in accounts 4161-11-170-05 and 4185- 11-170-05. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF WHEELCHAIR RAMPS PUBLIC WORKS PROJECTS NO 9006: The City Manager presented the staff report dated September 28, 1990, which indicated nine bids were received for the construction of wheelchair ramp installations at needed locations throughout the City, Public Works Project No. 9006. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to determine the lowest responsible bidder for Public Works Project No. 9006 to be F.A.V. Engineering, Inc; and award a contract for the construction of wheelchair ramps to F.A.V. Engineering, Inc., 17610 Beach Blvd., Suite 326, Huntington Beach, CA in the amount of 550,506.00. The motion unanimously carried by the following roil call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF SENIOR CITIZENS NUTRITION TRANSPORTATION CONTRACT: The Parks and Recreation Director summarized the staff report dated October 3, 1990, which indicated that the Orange County Consolidated Transportation Services Agency provides transportation for Cypress citizens to the Cypress Nutrition Program five days per-week and is requesting that each City pay 17x of the actual transportation costs for that City. 1 City Council Minutes October 8, 1990 It was moved by Councilmember Kanel and seconded by Councilmember Arnold that the City Council, acting as the.ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the transportation contract with the Orange County Consolidated Transportation Service Agency for the Fiscal Year 1990-91, at the cost of (4,935.00 payable to OCCTSA for the performance of the contract. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry 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 Arnold and seconded by Councilmember Bowman to approve the Consent Calendar Items No. 4 through 13. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry Item No. 4: Consideration of Approval of City Council Minutes of September 24, 1990. Recommendation: That the City Council approve the Minutes of September 24, 1990, as submitted. Item No. 5: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 6: Consideration of Proclaiming October 1990, as "United Way Month". Recommendation: That the Mayor and City Council officially proclaim the month of October 1990, as "United Way Month" in the City of Cypress. Item No. 7: Consideration of Design Review Committee's Approval of ORC #90- 28. Recommendation: Receive and file. Item No. 8: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Young Ja & Young Pyo Hong, D.B.A. Sandwich Gallery, 11513 Knott Avenue, Cypress. Recommendation: Receive and file. Item No. 9: Consideration of an Original Alcoholic Beverage License Filed by Ayoub Said Obeidi, D.B.A. Save A Mile Market, 4021 Orange Avenue, Cypress. Recommendation: Receive and file. Item No. 10: Consideration of an Original Alcoholic Beverage License Filed by Kathleen Barbosa, D.B.A. Burnt Tortilla, 10569 Valley View Street, Cypress. Recommendation: Receive and file. Item No. 11: Consideration of Proclaiming October 20-28, 1990, as "Red Ribbon Week". Recommendation: That the Mayor and City Council officially proclaim October 20-28, 1990, as "Red Ribbon Week" in the City of Cypress. Item No. 12: Consideration of Proclaiming the Remaining Holiday Months of 1990 and All of 1991, as "Buckle-Up for Life Challenge" Period. Recommendation: That the Mayor and City Council officially proclaim the remaining holiday months of 1990 and all of 1991, as "Buckle-Up for Life Challenge" period. 2 City Council Minutes - October 8, 1990 Item No. 13: Consideration of Recommendations from the Traffic Commission Meeting of September 18, 1990. Recommendation: That the City Council approve the recommendation of the Traffic Commission and adopt the attached Resolution by title only, title as follows, approving the installation of "No Parking Anytime" areas 15" east of and 15" west of the alleys on Larwin Avenue, Elizabeth Court and Dina Court (Tanglewood Homes area). RESOLUTION N0. 3838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING ANYTIME" AREAS ADJACENT TO THE ALLEYS ON LARWIN AVENUE, ELIZABETH COURT AND DINA COURT (TANGLEWOOD HOMES AREA). ENO OF CONSENT CALENDAR ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Kanel and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving amendment No. 2 to CUP No. 87-35. RESOLUTION N0. 3839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT N0. 2 TO CONDITIONAL USE PERMIT NO. 87-35 - WITH CONDITIONS (EXPAND HOURS OF OPERATION AT THE AUTOBAHN CENTER, 5051 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCILMEMBERS: None _ ABSENT: 1 COUNCILMEMBERS: Kerry WORKSHOP SESSION: Update of the proposed Cypress Senior Citizens Center Design Review. Parks and Recreation Director DeCarlo introduced Mr. Frank Sata of Sata Associates who will be providing the Council with information previously requested. Ms. Pam Eicholtz was also present and reported that there will be a meeting with the Fire Chief to determine how much easement would be required by the Fire Department at the proposed site. Mr. Sata stated that he had several items to discuss and he reported that the final design estimate will be presented to the Council at the meeting of October 29, 1990. He asked for Council guidance whether to proceed with the masonry or the frame and stucco structure and provided the cost estimates for those structures. After some discussion on what the cost estimate would include, i.e, ready to move in, unfurnished, it was moved by Councilmember Kanel and seconded by Councilmember Arnold to instruct the architect that masonry be the type of construction utilized for the proposed Senior Center. Mr. Sata advised that carpet tiles were being considered for the Center. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry Mr. Sata also presented the possibility of the inclusion of a skylight with a cover for the multipurpose room and those costs will be provided at the October 29 meeting. Another issue that appeared in workshop discussion with staff was the type of stage or platform to be utilized. The City Manager suggested that a temporary stage that was permanently placed would appear to solve the problem and avoid the extra cost. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to instruct the architect to present the cost for a portable/permanent stage. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry 3 City Council Minutes October 8, 1990 CLOSED SESSION: Mayor Age recessed the meeting at 5:10 p.m. enabling the Council to enter closed session for the purpose of discussing personnel and litigation matters. COUNCILMEMBER KERRY ARRIVED AT 5:14 P.M. The Council meeting reconvened at 7:34 p.m. with all Councilmembers present. Also present were staff members Bandurraga, Beardsley, DeCarlo, Hamlin and Storey. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry. The City Manager reviewed the actions taken by the Council during the 5:30 portion of the Agenda. The City Attorney summarized discussions held during the closed session on land acquisition in regard to low income housing; litigation against the Redevelopment Agency; fuel facility for the Corporate Yard and a Personnel appointment. PRESENTATIONS: Mr. Johnnie Perkins, Chairman of the Cypress Recreation & Community Services Commission, expressed his pleasure in being a member of the Cypress community, a member of the Recreation & Community Services Commission and introduced the members of that Commission. Past President Henry Castro explained the area encompassed by the LA Basin Park $ Recreation Commissioners & Board Members Association. Mayor Age presented plaques to Grace Lachina for "Outstanding Community Leader of the Year" and Marvin DeCarlo for "Outstanding Professional of the Year" from the LA Basin Park ~ Recreation Commissioners & Board Members Association. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. No one wished to speak. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No queries were received. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 90-21 U-HAUL RENTAL SERVICE 4912 BISHOP STREET: Mayor Age opened the public hearing. The staff report dated September 27, 1900 requested this item be continued. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to continue this item to October 29, 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: AMENDMENT TO DEVELOPMENT AGREEMENT N0. 90-1 FOR THE CYPRESS BUSINESS AND PROFESSIONAL CENTER: The public hearing was opened by Mayor Age. The staff report dated October 3, 1990 requested a continuance of this item as the applicant, Cypress Development, has not submitted the revised amendment to the City Attorney"s Office for review. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item to the meeting of October 29, 1990. The motion unanimously carried by the following roll call vote: r 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. 90-22 FIVE UNIT APARTMENT COMPLEX INCLUDING ONE DENSITY BONUS UNIT VARIANCE N0. 90-16 PARKING SPACE IN FRONT YARD SETBACK 8712 BELMONT AVENUE: Mayor Age declared the public hearing open. The Interim Planning Director presented the staff report dated September 28, 1990, which represented a request to construct a five unit apartment complex including one density bonus unit. The application also included a request to vary from the City of Cypress" Zoning Code to allow 4 /t- City Council Minutes October 8, 1990 one parking space within the required front yard setback. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius. She reported that a comment had been received from Craig Vannick, a tenant residing at 8702 Belmont, expressing concern about a two-story project adjacent to his single family home. Mr. Ed Bonanni, 5142 Bolsa Avenue, Il103, Huntington Beach, stated that the project was good for the City and all concerned. He also stated that he had attempted lot consolidation but was not successful. Mayor Age asked if anyone wished to speak in support of the project. No one wished to do so. She asked if anyone wished to speak in opposition to the project. Mr. Joe Sheets, 4802 Merten Street, Cypress, expressed his concern about the overpacking on the streets and the traffic with all the new apartments being built. He stated he was not objecting to the apartment units but to the lack of parking provided.. Mr. Gene Andre, property owner at 8711 and 8721 Belmont Street, Cypress, expressed his opposition to the application for the variance. He mentioned that the last three apartment units built under variance have very high density and parking problems. If the builder wants to build, he should comply with existing codes and ordinances and urged the Council not to approve the project. At Councilmember Kanel"s request, the City Attorney provided an explanation of the density bonus, how it worked and that it is mandated by State law. Responding to Councilmember Kerry, the Public Works Director explained that the 10 foot variance was dedicated for street widening and when enough parcels are assembled, the City will come in and do the street widening. Councilmember Bowman suggested that a possible solution would be to construct the curbs and gutters at the time the project is built. After some discussion, Councilmember Bowman would consider approving this project if the street improvement could be done now and a policy be established that the street improvements done as the lots are developed. Mr. Sheets suggested that the Councilmembers, before they vote on this project, drive down Belmont on a Saturday and/or Sunday to observe the parking situation. Councilmember Kanel suggested that this item be continued to the next meeting so he could observe the area. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to continue this item to the October 29, 1990 meeting. The motion unanimously carried by the fallowing 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. 90-24 PUBLIC SAFETY LAW ENFORCEMENT UNIFORM AND EQUIPMENT SALES DISTRIBUTION AND STORAGE 5696 CORPORATE AVENUE: Mayor Age opened the. public hearing. The Interim Planning Director presented the staff report dated September 28, 1990, which represented a request to operate a wholesale distribution business dealing with public safety/law enforcement uniforms and equipment at 5696 Corporate Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of public hearing were posted, published and mailed to the property owners within a 300- foot radius of the subject property. Councilmember Kerry asked what type of security system would be used for this establishment. Since the applicant was not in the audience to answer the questions on the security system, Councilmember Kerry suggested this item be 5 L. ~ City Council Minutes October 8, 1990 continued to the meeting of October 29, 1990 with a request that the applicant be present for questions. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to continue this item to October 29, 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 w" Mayor Age announced that Items 25 and 26-A will be moved up and heard and discussed at this time. CONSIDERATION OF REPAIR OF FENCING ON CITY-OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF CERRITOS/MOODY LEASED TO THE V.F.W. POST N9847: Councilmember Kanel had asked that this item be placed on the Agenda. He stated that the City leases this building to the V.F.W. and the wooden fence to the rear of the property in a state of disrepair. The Commander of the V.F.W. Post had asked Councilmember Kanel if they could get it repaired and would be willing to .spend some money from their treasury. Councilmember Kanel suggested that the City extend the block wall fence abutting the wooden fence because the present wooden fence does present a safety hazard. Mr. Herbert Stern., 6751 Yosemite Drive, Buena Park, representing Post N9847, stated that there is approximately 1,000 feet of grape stake fencing that is falling down. He asked the City to build a cinder block fence and the Post will try to help out financially as best they can, perhaps 3300, 5400 or 5500. Councilmember Kanel asked that staff provide a cost estimate to be made available at the next meeting so the Council can approve it. Mayor Age requested that the City Manager prepare that information for the October 29, 1990 Agenda. _ CONSIDERATION OF DISCUSSION RELATING TO PROBLEMS AFFECTING CYPRESS RESIDENTS AT THE LINCOLN/MOODY APARTMENTS 9090 MOODY STREET, CYPRESS: Mayor Pro Tem Kanel requested that this item be placed on the Agenda for discussion. Councilmember Kanel advised that he has had some conversations with some of the residents that live at the Lincoln/Moody Apartments. He reported that the residents had apparently attempted to form a Tenants" Association and CSM, the management company, appeared to be at odds with a number of the tenants. He also advised that there may be health factors involved and some tenants, standing up for their rights, have been issued eviction notices. He presented copies of eviction notices received by some tenants. The Public Works Director reported that he has spoken with one of the tenants and representatives of the management company and a City Building Inspector. went to the site. The Buildiny Inspector reported a dozen or so conditions in the units and some immediate problems that needed correction were open heating ducts, condition of stairways and portions of railings missing. Mr. Rick Becker, 9090 Moody, Apt. 167, Cypress, presented photos of roaches on the floor and on a lighting fixture. He reported that he had to light the pilot of his oven each time he used it and it has been that way since he moved there. He stated that other tenants were afraid to come before the Council this evening because they had been threatened with eviction. He advised that he was one of the leaders of the Tenants organization and he has brought other tenants to speak. k s Mrs. Randy Quinnonez, 9090 Moody, Apt. 241, Cypress, stated she had two small children, the heating duct openings are in the children"s bedroom and her four month old child could fall into the opening. She also stated that when her gas oven goes on, her range goes off. Ms. Katherine Barnett, 9090 Moody Street, Apt. 233, Cypress, stated that she had received an eviction notice. She only wants the repairs that are necessary such as hot and cold running water and she is not asking for anything more than they are paying for. She also presented photos of some of the problems in the complex. 6 / U ~ City Council Minutes October 8, 1990 Ms. Pat Kelly, 9090 Moody Street, Apt. 118, Cypress, advised that her kitchen floor was flooded because the pipes had broken in the apartment upstairs. She also advised that she had been evicted and is leaving. She also presented pictures of various problems in the complex. Mayor Age stated she had heard enough and asked if anyone else wished to hear further testimony. Councilmember Arnold said that the Council had heard enough to determine that there were major problems. Mr. David Harper, 1441 4th Street, Santa Monica, general partner and part owner of the complex, invited all the Councilmembers to tour the complex. He stated that he believed there are some problems in the complex but they are not as severe as might have been suggested and the complex was built by Larwin under the codes of the City at that time. He explained the current problems with the plumbing. He also stated he will review the situation that occurred at Apt. 233. Councilmember Bowman expressed his desire to visit the apartment complex. Councilmember Kerry expressed disappointment that some of these problems aren"t being resolved, especially the plumbing. A large amount of money has been collected and some of it should have been set aside to take care of these plumbing problems. A woman who lives in Apartment No. 220 has been a resident of the complex for almost 13 years and stated she did not have any problem with her apartment but what they needed was a good manager. A tour of the apartment complex will be made by the City Council, along with tenants and apartment owners, at 6:00 p.m., Monday, October 15, 1990. RECESS: Mayor Age recessed the meeting at 9:37 p.m, and reconvened at 9:50 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF DISCUSSION REGARDING LEAF BLOWERS: The City Attorney presented the staff report dated September 25, 1990, which indicated that this item has been continued for several meetings. He had prepared the Ordinance which provided provisions for the regulation of leaf blowers as to the time of day, hours of use, restrictions on the proximity of operation to adjacent property and restrictions on blowing debris onto adjacent property. The ordinance also provided for no operation on Sunday and a violation of the Ordinance would be cited as a misdemeanor. Councilmember Kerry mentioned that she had received a letter dated October 1989 signed by ten residents complaining that every Thursday morning between 7 and 8:00 a.m. leaf blowers were being used on the parking lots across from City Hall; however, she has not heard anything further. Mr. Bill Oney, President of the Orange County Gardeners" Association, stated that their members have been educated on how to use leaf blowers and are provided with leaf blower usage guidelines. However, there are some new gardeners and non-members who are not educated in the proper use of the leaf blowers and they are the ones that are causing the problems. They are not licensed and the Association is going to the City Councils of all the cities that have had problems. The gardeners that abuse leaf blower use should be punished. Mayor Age suggested that the hours of operation of the leaf blowers might be changed from 5;00 p.m. to 6:00 p.m. Councilmember Kerry concurred. Councilmember Arnold suggested the passing of the Ordinance be announced in the City Newsletter. The City Attorney stated that the Ordinance would most likely be enforced on a complaint basis. He also stated that the Ordinance is so drafted that if they are unable to find the unlicensed gardener, the property owner could be cited as a public nuisance and the property assessed with any costs of doing so. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to approve the first reading of the Ordinance by title only, title as follows, establishing restrictions on the operation of leaf blowers with the hours of operation changed from 5:00 p.m. to 6:00 p.m. Councilmember Bowman remarked that if leaf blower problems continue in the City, he would suggest banning them. 7 f City Council Minutes October 8. 1990 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 13-72.1 TO 13-72.6 TO THE CODE OF THE CITY OF CYPRESS ESTABLISHING RESTRICTIONS ON THE OPERATION OF LEAF BLOWERS. 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 requested that a resolution be sent to the League of Cities encouraging them to promote the regulation of leaf blowers. It was moved by Councilmember Kerry and seconded by Councilmember Bowman that a Resolution be composed and sent to the League of Cities encouraging them to promote the regulation of leaf blowers. 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 MODIFICATIONS TO THE CYPRESS BUSINESS PARK VEHICLE TRIP REDUCTION PROGRAM: Public Works Director Beardsley summarized the staff report dated September 28, 1990, which indicated that shortly after the TMA announced the due dates for submittal of the required trip reduction plans and began invoicing the Business Park companies for the adopted dues/fees, the TMA and the City received a number of complaints regarding the Ordinance. Some concerns were over interpretation of specific items of the ordinance and others questioned the cost of the Association versus benefits to be received. The TMA Performance Standards/Consultant Selection Subcommittee will be the group which will select the professional consultant to review and prepare recommended modifications to the City"s Trip Reduction Program. After some discussion, Councilmember Arnold stated she believed that the City has lost credibility with companies in Cypress because right now there isn"t a viable program and no one should be paying into a program they don"t understand. She asked if there was any reason this couldn"t be placed on hold and started all over because presently it is a mess. Ms. Cheryl Cohen, Executive Director of TMA, commented that most of the large employers are very supportive of the program. The problem is the way the ordinance is written, it is not very workable and places an unfair burden on the smaller employers who are required to submit a trip reduction plan, which is very labor intensive, as well as have a trained coordinator. She stated that a second look needed to be taken at the ordinance to make it fairer for everyone depending on the size of the employer. Mayor Age reported that she has had numerous phone calls from various companies in the Business Park and they are not supportive of the program. Councilmember Bowman commented that it would seem that Ms. Cohen would be the logical person to write the plan rather than a consultant. Ms. Cohen responded that she would like to spend her time getting the program services up and running as quickly as possible as well as working with the companies. Mayor Age stated she would like to hear input from the Chairman of the TMA Board of Directors. After some discussion, the City Attorney advised there may be a problem with stopping the program and not implementing it even if it needs major overhaul because virtually every project approved in the Business Park, as a part of the environmental review process, included the provision that this kind of program be in place. The Public Works Director advised that the fastest way to rewrite the ordinance was to employ a consultant. After further discussion, Councilmember Bowman suggested that all the options be considered. 8 i City Council Minutes October 8, 1990 ~ ~ It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve reimbursement to the Cypress Business Park Transportation Management Association, for professional services retained to prepare recommended modifications to the City's Cypress Business Park Vehicle Trip Reduction Program, in an amount not to exceed 55,000, payable from Program No. 4189-11- 260-07 and receive and file the staff report. It was understood that all options for this program will be considered when rewriting the Ordinance. 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 requested that some items be moved forward since he is not feeling well and would like to leave the meeting after those items are considered. CONTINUATION OF CONSIDERATION OF ORANGE COUNTY NEWS (OCN) CABLE SERVICE: Councilmember Kanel stated that there had been a formal presentation by the Orange County News Channel and Copley/Colony organizations at the last meeting. It was moved by Councilmember Kanel and seconded by Councilmember Arnold that the Cypress City Council urge Copley/Colony to implement the Orange County News Channel in this community for the benefit of the Cypress citizens. 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 PARKING OF VEHICLES OTHER THAN PASSENGER CARS ON THE CITY'S RESIDENTIAL STREETS: Councilmember Kanel had requested that this item be placed on the agenda for Council discussion and he stated that there had been some complaints from people whose neighbors' RVs are parked so close to the driveways that they don't have sight distance. Councilmember Kerry expressed concern for safely ingressing and egressing driveways. The City Attorney advised that one type of vehicle could not be regulated within a residential zone. All parking for all vehicles can be prohibited and vehicles can be regulated with regard to height within a certain distance of an intersection; however, if such a law were inacted, it might present enforcement problems. After some discussion, Councilmember Kanel asked if direction could be given to the City Attorney and City Manager to look at the possibility of providing an ordinance addressing this item. It was moved by Councilmember Kerry and seconded by Councilmember Arnold to continue this item to the meeting of November 26, 1990. The motion unanimously carried by the following roll call vote: AYE: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kanel and seconded by Councilmember Arnold to nominate Paul Angers as the alternate to the Senior Citizens Commission, Gloria Livingston to the Recreation and Community Services Commission and Brian Sunley as an alternate to the Recreation and Community Services Commission. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age PJOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF VETERANS PARK GROUND-BREAKING/DEDICATION: Councilmember Kanel suggested that the ground-breaking ceremony be held on a Saturday morning around 10:30 or 11:00 with all of the groups involved present at the 9 / ` ~ City Council Minutes October 8, 1990 ceremony. He also suggested a temporary plaque be imbedded in the ground along with a small tree to be planted at the same time. Councilmember Arnold suggested that the ceremony be held on November 10; 1990 at 11:00 a.m. and hearing no objection, Mayor Age so ordered. COUNCILMEMBER KANEL LEFT THE MEETING AT 11:24 P.M. CONTINUATION OF CONSIDERATION OF AMENDMENT TO RESIDENTIAL DENSITY BONUS POLICY SECTION 9.2 OF THE CYPRESS ZONING ORDINANCE: The City Manager called upon Interim Planning Director Hamlin to present the staff report dated September 27, 1990, which indicated that the draft Residential Density Bonus Policy amends the existing City Density Bonus Policy to reflect changes mandated by state law. A review of the California Association of Realtors paper submitted by Councilmember Bowman focused on programs designed to assist individuals of low and moderate income to purchase their first home and presented a detailed analysis of two very divergent programs designed to achieve that goal. Councilmember Bowman stated that he believed they would have to go to equity sharing and he didn"t believe it would be that difficult to administer. After some discussion, Councilmember Kerry commented that she would like to look at the proposed density bonus policy further. Mayor Age expressed concern about qualifying with the state on this type of program. The City Attorney advised that the language of the code is very ambiguous regarding owner occupied, which is not as easy to administer as a rental and he commented on the problem of resale. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to direct staff to prepare an ordinance addressing an equity sharing or recapture program for the meeting of October 29. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel It was moved by Councilmember Kerry and seconded by Councilmember Bowman to continue the meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: 4 COl1NCILMEMBERS: Arnold, Bowman, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONTINUATION OF CONSIDERATION OF FINAL RECOMMENDATIONS FROM THE CYPRESS TRANSPORTATION ADVISORY COMMITTEE (C.T.A.C.): Public Works Director Beardsley presented the staff report dated September 25, 1990, which indicated that this item was continued from the meeting of September 24, 1990 to allow an opportunity for the Council to discuss and consider the report in more detail. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to: 1) receive and file the report from the Cypress Transportation Advisory Committee entitled Problem Solution Strategies and Recommended City Policies dated July 2, 1990; 2) receive and file the Cypress Transportation Advisory Committee"s Summary of Recommendations dated July 2, 1990; 3) adopt the Summary of Priority Action Items resulting from the Cypress Transportation Advisory Committee"s findings; and 4) direct staff to implement the program as noted in the attached Summary of Priority Action Items. The motion unanimously carried by the following roll call vote: ~ - AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age NOES: 0 COUNCILMEMBERS: .None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 41383 - 41616: It was moved by Councilmember Arnold and seconded by Councilmember Kerry to approve the Warrant List for Warrants No. 41383 through 41616 in the amount of 31,049,450.31. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel 10 - r/ ~i October 8, 1990 ~ 3 City Council Minutes ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Kerry commented that there was a "Letter to the Editor" in the News Enterprise expressing concern about the amount of tree cutting equipment in the City and the author wondered why outside contractors were performing tree trimming for the City. The Public Works Director explained that the amount of contract labor used is small, approximately 7X, and is used primarily to handle specific tasks beyond the capability of the City"s equipment. Responding to Councilmember Bowman's question about the status of the gas tax matching funds, the Public Works Director answered that he will be providing the Council with a memo on that item. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 12:06 a.m. to 6:00 p.m, on October 15, 1990 to the Civic Center Parking Lot, 5275 Orange Avenue, Cypress, for a field trip to the Lincoln/Moody Apartments and the public hearing on Conditional Use Permit No. 90-23 and Amendment to Specific Plan No. 89-1, Cypress Golf Club to be held at 7:30 p.m. The City Manager suggested that the following items be added to the October 15 Agenda: Consideration of Appointment of Jesse I. Black to the General Plan Amendment-Update Citizens Advisory Committee and Consideration of Award of Contract(s) for Video Equipment and hearing no objection, Mayor Age so ordered. A OF THE CITY OF~CYPRE ATTEST: CITY CLERK OF THE CITY OF YPRESS 11