Minutes 90-12-10
iii
O
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
December 10, 1990
A Regular Meeting of the Cypress City Council was called to order at 5:37 p.m., Monday,
December 10, 1990, in the 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, City Attorney Jerry Patterson
and staff members Hill, Storey, Thomas and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
PRESENTATION: A presentation was made by several representatives from Arnold
School Student Council regarding the recycling of products made of paper, plastic,
aluminum, glass, the use of substitute products and how recycling affects the ecology.
The students, representing Arnold School, were Robin Fishman, Marla Stack, Lindsay
Wasson, David Chin, Michelle Weinberg, Karen Pin, Laura Weinberg, Mike Ladd, Jason
Prince, Krista Caulkington, Brent Rivers, and Steve Nicholas.
CONSIDERATION OF AWARD OF CONTRACT FOR TREES, REQUEST FOR
QUOTATION NO. 9091-18: The Finance Director presented the staff report dated
November 30, 1990, which indicated that nine bids were received to supply the City with
seven varieties of 15 gallon trees (totaling 355 trees) and four (4) varieties of 24" box
trees (totaling 70 trees).
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to: 1)
accept the bid received from Arbor Nursery, P.O. Box 273, Azusa, CA 91702, as the lowest
responsible bidder for the tree varieties noted in the report and award a contract to this
company in the amount of $3,851.56; and 2) accept the bid received from A Y Nursery,
1133 Bloomdale St., Duarte, CA 91010, as the lowest responsible bidder for the tree
varieties noted in the report and award a contract to this company in the amount of
$10,460.31. 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) 3/4 TON PICKUP
TRUCK, REQUEST FOR QUOTATION NO. 9091-19: The Finance Director summarized
the staff report dated November 30, 1990, which indicated 12 bid offers were returned
for one (1) 3/4 ton pickup truck.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to accept
the bid received from City Chevrolet, 2111 Moreno Blvd., San Diego, CA 92110 as the
lowest responsible bidder and award a contract for one (1) 3/4 ton truck with utility body
and lift gate to this company in the amount of $16,712.16. 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 MATERIALS: Jim Hill, the Acting Public Works Director, reviewed the
staff report dated November 30, 1990, which indicated that the City contract for asphalt
concrete products from All American Asphalt Co. expires on December 13, 1990. All
American has offered contract renewal prices for a one year period ending December 8,
1991 with a rate increase of 13%. Two additional local vendors were contacted to
compare prices and although they offered lower tonnage unit prices, the additional
factors that need to be considered are: 1) pickup/travel time would be longer with the
other two vendors, 2) All American allows City crew pickup priority; and 3) All American
has made a written proposal for a one year contract period whereas the other two bidders
would not.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
award an annual purchase agreement for asphalt concrete products to All American
Asphalt Co., 14274 Magnolia Ave., P.O. Box 2229, Corona, CA 92718-2220, in an amount
1
CITY COUNCIL MINUTES December 10, 1990
not to exceed $26,000 for a one year period ending December 8, 1991. 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 RENTAL OF PASSENGER
VEHICLES AS REQUIRED BY THE CYPRESS POLICE DEPARTMENT: The Finance
Director presented the staff report dated December 3, 1990, which described the use of
various makes and models of passenger vehicles in the day-to-day operation of the Special
Enforcement Team. The City has previously rented passenger vehicles from Selman
Chevrolet and the Police Department has been pleased with the vehicles and service
provided by that dealership.
It was moved by Councilmember Arnold 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 each passenger vehicles per month as required by
the Police Department at the rate of $350.83 per vehicle for the period December 13, 1990
through December 12, 1991. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kane1, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF CONTINUED INTERIM BUILDING OFFICIAL SERVICES: The
Acting Public Works Director presented the staff report dated November 21, 1990, which
represented a request to retain the services of Jose Melad, Interim Building Official,
while the recruitment process was conducted. The process has taken longer than
anticipated and the Interim Building Official's services will be required beyond the
current expiration date.
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
authorize a purchase order in the amount of $6,480. to continue Mr. Melad's services
through March 22, 1991, or until his services are no longer required. 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 A ONE-YEAR SERVICE CONTRACT RENEWAL FEE FOR THE
REMOVAL AND DISPOSAL OF CITY-GENERATED HAZARDOUS WASTE: The
Acting Public Works Director summarized the staff report dated November 21, 1990,
which indicated that Disposal Control Service, Inc. has submitted a letter of intent to
extend the current service contract for hazardous waste transportation and disposal
through 1991 at the existing rates.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
approve the renewal of a service contract with Disposal Control, Inc., 1369 W. 9th Street,
Upland, CA 91786 to remove, transport and dispose of the City's hazardous wastes for a
one year period ending December 31, 1991, in an amount not to exceed $4,370. 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 INVESTIGATIONS: Police Chief Wicker presented the staff report
dated December 4, 1990, which represented a request to renew the contract for
background investigations with Crackel Investigative Services from January 1 through
December 31, 1991. Crackel has found it necessary to increase the fee schedule to bring
it in line with their other contracts.
It was moved by Councilmember Bowman and seconded by Councilmember Kanel to
award a contract to Crackel Investigative Services for professional service of police
background investigations at a cost of $600.00 per investigation plus $.26 for mileage.
Partially completed investigations will cost $20.00 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
2
1 ~ 2CITY COUNCIL MINUTES December 10, 1990
CONSIDERATION OF PURCHASE OF MOBILE STAGE: The Assistant to the Director
of Recreation and Parks presented the staff report dated November 27, 1990, which
indicated that there are only two vendors that manufacture mobile stages and staff has
met with both vendors on several occasions. The Recreation and Community Services
Commission has evaluated both stages and thoroughly reviewed the comparison
specifications of each as well as references from several other agencies. It is the
Commission's opinion and recommendation that Century Industries, Inc. stage is a superior
product offering more options for the cost and better quality materials.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry that the
City Council, acting as ex officio governing Board of Directors for the Recreation and
Park District: 1) determine that it is in the best interest of the City/District to dispense
with formal bidding, pursuant to City Code, Section 21A-8, and award the Contract to
Century Industries, Inc., in the amount of $63,749, 2) appropriate $3,749 from the General
Fund balance to account 4520-83-650-35, and 3) authorize purchase of one mobile stage
from Century Industries, Inc., P.O. Box U, Sellersburg, Indiana 47172 in the amount of
$63,749. 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 Kerry requested that Consideration of Initiative Processing Fee
Resolution, Consideration of City Manager's Employment Agreement Extension or
Termination and Consideration of Attendance to the 1991 California and Pacific
Southwest Recreation and Park Conference be removed from the Consent Calendar for
further discussion.
It was moved by Councilmember Kanel and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 9 through 32 with the exception of Items No. 29,
31 and 32. 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 November 13, 1990
and November 26, 1990.
Recommendation: That the City Council approve the Minutes of November 13, 1990 and
November 26, 1990, as submitted.
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 Design Review Committee's Approval of DRC #90-30, #90-
33, #90-34, and #90-35.
Recommendation: Receive and file.
Item No. 12: Consideration of Resolution Supporting the Repeal of SB 2557 and the
Protection of City Finances From the State Budget Process.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, and authorize staff to transmit this Resolution to the Governor and to our local
State Legislators.
RESOLUTION NO. 3858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE REPEAL OF SB 2557 AND THE PROTECTION OF CITY
FINANCES FROM THE STATE BUDGET PROCESS.
Item No. 13: Consideration of Contract Change Order No. 1 -Reconstruction of Moody
Street from Lincoln Avenue to Southern Pacific Railroad, Public Works Project No. 8922,
AHFP No. 1266.
Recommendation: Receive and file.
Item No. 14: Consideration of Acceptance and Assessment for Abatement of Seasonal and
Recurring Weeds for Phase I of the 1990/91 Program.
3
1~3
CITY COUNCIL MINUTES December 10, 1990
Recommendation: That the City Council: 1) Accept the work of weed and rubbish
abatement as being satisfactorily completed in accordance with the specifications for the
work; 2) Adopt the Resolution by title only, title as follows, confirming weed abatement
assessments and imposing special assessments as a lien on the parcels shown on Exhibit
"A"; and 3) Approve the contract change with Edwin Webber, Inc., 8472 Rembrandt Drive,
Huntington Beach, CA 92647, from the original award of $6,820.00 to the final cost of
$10,787.30.
RESOLUTION NO. 3859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS,
RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL
ASSESSMENTS AS LIENS ON PAR~I~LS WITHIN THE CITY OF CYPRESS.
Item No. 15: Consideration of Acceptance of Final Parcel Map No. 89-371 (Southwest
Corner of Orange and Graham).
Recommendation: That the City Council approve Final Parcel Map No. 89-371 and accept
the bond for public improvements in the amount of $4,900.00, which is not less than 5096
nor more than 10096 of the total improvements and authorize the City Clerk to sign the
Record Map.
Item No. 16: Consideration of Annual Arterial Highway Financing Program Submittal,
City of Cypress Project Nos. 9111 (Orangewood Avenue) and 9110 (Holder Street).
Recommendation: That the City Council: 1) Adopt the Resolutions by title only, titles as
follows, requesting inclusion in the 1991/92 Fiscal Year Arterial Highway Financing
Program the improvement of Orangewood Avenue, from Valley View Street to Holder
Street, and Holder Street from Stanton Channel to the South City Limit.
RESOLUTION NO. 3860
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
ORANGEWOOD AVENUE.
RESOLUTION NO. 3861
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
HOLDER STREET.
Item No. 17: Consideration of Status of Railroad Crossings.
Recommendation: Receive and file.
Item No. 18: Consideration of Monthly Investment Program for the Month of October
1990.
Recommendation: Receive and file.
Item No. 19: Consideration of Employment Lists for the Positions of Building Official
and Communications Supervisor.
Recommendation: That the City Council certify the Employment Lists for the positions
of Building Official and Communications Supervisor as submitted.
Item No. 20: Consideration of Acceptance of Asbestos Abatement of Wicker Drive
Properties, Public Works Project No. 9008.
Recommendation: That the City Council: 1) Accept the work of Asbestos Abatement of
Wicker Drive Properties, Public Works Project No. 9008, as being satisfactorily completed
by Pomona Valley Equipment Rentals, Inc., 11532 East End Avenue, Chino, CA 91710;
and 2) Authorize the City Clerk to release the Labor and Materials Bond upon expiration
of the required lien period, providing no liens have been filed, and to release the Faithful
Performance Bond upon expiration of one year's guarantee, providing no defects in
material or workmanship become evident.
Item No. 21: 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 Maintenance Company, 15189 Sierra Bonita, Chino, CA 91710, for the weekly
cleaning of the public parking areas in Tract 8126, for cone-year period at $260.00 per
month.
4
- i o,/~"
1 ~ ~ITY COUNCIL MINUTES December 10, 1990
Item No. 22: Consideration of Allocation of Funds to the Reserve for Contingency
Account.
Recommendation: That the City Council authorize the $86,469 to be received from the
Single-Family Mortgage Revenue Bond Program in January 1991, be recorded as an
addition to the "Reserve for Contingency" Account.
Item No. 23: Consideration of Eagle Scout Public Service Project.
Recommendation: That the City Council recognize that the proposed project constitutes a
public service and authorize the donation of the required equipment and materials to Boy
Scout Todd Hitomi for his Eagle Scout project of painting address numbers on the curbs
of 100 homes on Alaska and New York Avenues.
Item No. 24: Consideration of Renewal of the City/District's Health Maintenance
Organization (HMO) Dental Health Plan with FHP.
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 the FHP
Dental Plan at the rates outlined in the report.
Item No. 25: Consideration of Renewal of the City/District's Health Maintenance
Organization (HMO) Medical Plans with FHP and Kaiser Permanente.
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 Health Maintenance Organization (HMO) Plans at the rates
outlined in the report.
Item No. 26: Consideration of Renewal of the City/District's Long Term Disability and
Life Insurance Plans with Standard Insurance Company.
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 the Long
Term Disability and Life Insurance programs with Standard Insurance Company at the
proposed renewal rates for the 1991 plan year as outlined in the report.
Item No. 27: Consideration of Status Report on Walker Street Between Orange and
Lincoln Avenues.
Recommendation: Receive and file.
Item No. 28: Consideration of the Comprehensive Annual Financial Report for the Fiscal
Year Ended June 30, 1990..
Recommendation: Receive and file.
Item No. 30: Consideration of Adoption of Ordinance Adjusting City Council
Compensation.
Recommendation: That the City Council approve the first reading of the Ordinance by
title only, title as follows, approving the new City Council compensation rate.
ORDINANCE NO.
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 596 AS AUTHORIZED BY STATE
LAW.
END OF CONSENT CALENDAR
Regarding Consideration of Initiative Processing Fee Resolution, Councilmember Kerry
asked when the money would be refunded because it isn't stated in the Resolution and
wondered if there should be a time limit when the money would be returned. The City
Attorney advised that if Council wanted to put it into the Resolution they could, but they
would be bound by it if it took longer than 30 or 60 days. After some discussion, it was
moved by Councilmember Kerry and seconded by Councilmember Bowman to adopt the
Resolution by title only, title as follows, establishing a fee for the processing of an
Initiative Petition with the addition of wording to reflect payment will be made in 60
days.
5
i~~
CITY COUNCIL MINUTES December 10, 1990
RESOLUTION NO. 3862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A FEE FOR THE PROCESSING OF AN INITIATIVE PETITION
FOR ANY MUNICIPAL MEASURE.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Consideration of City Manager's Employment Agreement Extension or
Termination, Councilmember Kerry asked that this item be discussed during Closed
Session and hearing no objection, Mayor Age so ordered.
Regarding Consideration of Attendance to the 1991 California and Pacific Southwest
Recreation and Park Conference, Councilmember Kerry asked if all Commissioners
usually went to Conferences. The City Manager advised there hasn't been a policy on the
number of Commissioners attending seminars and it depends on the interest and
willingness of the Commissioners. It was moved by Councilmember Kerry and seconded
by Councilmember Kanel 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 CPSRP conference, March 7-10, 1991, in
Santa Clara; and 2) Approve transferring of $2,280.00 from the fund balance of the
General Fund to Account No. 4206.12-328-10 (Meetings & Travel).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, approving amendment to CUP 79-7.
RESOLUTION NO. 3863
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 79-7 -WITH
CONDITIONS (EXPAND EXISTING OPERATION OF THE CAMELOT
PRESCHOOL, 4460 LINCOLN AVENUE).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: ARNOLD, BOWMAN, KANEL AND AGE
NOES: 1 COUNCILMEMBERS: KERRY
ABSENT: 0 COUNCILMEMBERS: NONE
The City Attorney requested that Council approve the denial of the following variance
but insert the words, "without prejudice" where applicable based on the fact that the
property owner should be allowed to provide a plan that meets the City Code. In
addition, there is the potential threat of some litigation if the City doesn't comply in
regard to regulating frequencies. Councilmember Arnold encouraged the new Council to
consider all aspects of this item if it should come before Council again. Responding to
Councilmember Kanel, who mentioned that he had voted against this item because he felt
it should be continued, the City Attorney advised that it would be possible to treat the
words, "without prejudice" as gaining a continuance, in a sense, because they can come
back without having to pay any new fees and could come back with the same application;
however, it is not anticipated they will. It was moved by Councilmember Bowman and
Councilmember Kanel to adopt the Resolution by title only, title as follows:
RESOLUTION NO. 3864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS TO ALLOW MORE THAN TWO (2) AMATEUR
RADIO ANTENNAS CLOSER THAN 10' FROM ANOTHER STRUCTURE,
HIGHER THAN 35' AND ROOF MOUNTED WITH A FRONT YARD GUY
ANCHOR -VARIANCE NO. 90-18 (9144 ETHEL STREET).
The motion unanimously carried by the following roll call vote:
6
;
ins
CITY COUNCIL MINUTES December 10, 1990
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 Kanel to adopt
the Resolution by title only, title as follows, approving CUP 90-25.
RESOLUTION NO. 3865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90-25 -WITH CONDITIONS
(DEVELOP A 110 UNIT RETIREMENT COMMUNITY, 5120 LINCOLN
AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to order
the following Ordinance read by title only, title as follows and to adopt the Ordinance
amending Chapter 25 "subdivisions" of the City Code.
ORDINANCE NO. 857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 25 "SUBDIVISIONS" OF THE CODE OF THE CITY OF
CYPRESS BY THE ADDITION OF ARTICLE IV-A "MERGER OF PARCELS".
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 Kanel to order
the following Ordinance read by title only, title as follows, and to adopt the Ordinance
authorizing certain fees for permits and inspections under the Uniform Fire Code.
ORDINANCE NO. 858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTION 5-4(A)(1)(I) TO THE CODE OF THE CITY OF CYPRESS
AUTHORIZING THE CHARGING OF CERTAIN FEES FOR PERMITS AND
INSPECTIONS UNDER THE UNIFORM FIRE CODE, 1988 EDITION; AND,
ADDING SECTION 17-60 TO 17-68, "FIRE ALARMS, FALSE ALARMS", TO THE
CODE OF THE CITY OF CYPRESS TO REGULATE FALSE FIRE ALARMS IN
THE CITY.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Age recessed the meeting at 6:18 p.m. to allow the Council to
enter closed session to discuss matters of personnel and litigation. The meeting
reconvened at 7:37 p.m. with all Councilmembers present. Also present were staff
members Bacock, Barrett, Eynon, Hill Storey, Thomas and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Arnold.
PRESENTATIONS:
Mayor Age stated that the presentation to the D.A.R.E. Program by -the Rotary Club
would not be made this evening.
The City Manager reviewed the actions taken by the City Council during the 5:30 p.m.
portion of the Agenda and requested the City Attorney explain the City Manager's
Employment Agreement.
Regarding that Agreement, the City Attorney explained that there was a change in the
agreement to make it conform with the PERS system in the last year of employment,
which was approved by the Council in Closed Session. It was moved by Councilmember
Bowman and seconded by Councilmember Kerry to approve the extension of the City
Manager's Employment Agreement with the modification. The motion unanimously
carried by the following roll call vote:
7
1 ~
CITY COUNCIL MINUTES December 10, 1990
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney then summarized' the other two items discussed during closed session,
which were a pending litigation matter wherein the Council received a status report from
the City's negotiator and attorney and authorized settlement authority and the review and
merit of the City Attorney's performance.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, thanked all of the diligent citizens in
Cypress that helped at election time and would like to know how long the mountain of
dirt will be at the Sorrento Homes project before it is leveled. Mayor Age asked the City
Manager to inform the developer of the dissatisfaction expressed and follow up with a
call or letter to Mrs. Wozniak.
Ms. Jo Redmon, 4275 Paseo de Oro, Cypress, stated she was present to plead for her
parkway tree. She had made arrangements to have the tree trimmed and a City employee
informed her that it was the City's tree and they should trim it. A notice was placed on
this tree to have it removed and other trees in the neighborhood in worse condition will
remain standing. She asked Council to save her tree and offered her services if a Tree
Committee is needed.
Councilmember Kerry mentioned that there were insufficient volunteers for a tree
committee but she will be working toward organizing a Cypress Beautification Committee.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No
one wished to speak.
CONSIDERATION OF RESOLUTION DECLARING THE RESULTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 1990. The City Manager presented
the staff report dated December 3, 1990 to which a Resolution declaring the results of the
General Municipal Election held on November 6, 1990 and the Orange County Registrar
of Voters' Certificate of the Canvass of the election was attached.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, declaring the result of the General Municipal
Election held on November 6, 1990.
RESOLUTION NO. 3866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD IN SAID CITY ON NOVEMBER 6, 1990, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY
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
In accordance with Section 7 of the above Resolution No. 3866, the following is a
statement of the results of said election.
1. That the whole number of votes cast in said City (except absent voter ballots) was
12,033.
That the whole number of absent voter ballots cast in said City was 1,679 making
a total of 13,712 votes cast in said City.
2. That the names of persons voted for at said election for Member of the City
~ Council of said City are as follows:
Joyce C. Nicholson Walter K. Bowman
Charles "Chuck" Hicks, Jr. Judith Butler-Pineda
John Standiford Richard Partin
3. That the Measures voted upon at said election are as follows:
PROPOSITION X -City Charter Amendment
Shall the Amendment to Section 802 of the Charter of the City of Cypress,
providing for members of the Planning Commission to be appointed to terms
8
1~.
CITY COUNCIL MINUTES December 10, 1990
coterminous with the term of the nominating Councilmember as set forth in the
initiative ordinance establishing a Planning Commission, be approved?
PROPOSITION Y -Initiative Ordinance
Shall the Ordinance establishing a Planning Commission, setting forth the duties
and power thereof, and defining the selection and appointment process for
Planning Commissioners, be approved?
4. Elected as a member of the City Council for the full term of four years were:
Richard Partin 6,274
Joyce C. Nicholson 6,269
Walter K. Bowman 5,087
As a result of said election, a majority of the qualified voters did not vote in favor of
Proposition Y, and that said Proposition Y was not carried, and shall not be deemed
adopted and ratified.
As a result of said election, a majority of the qualified voters did not vote in favor of
Proposition X, and that said Proposition X was not carried, and shall not be deemed
adopted and ratified.
That the number of votes given at each precinct and the number of votes given in the
City to each of such persons above named for the respective offices for which said
persons were candidates and for and against the Measures were as listed below.
ORANGE COUNTY 11/19/90 119
GENERAL ELECTION. NOYENSER 1990
/1
O
O 0: 2
~ V1 7 = w wZ IA
NvJ OOC ~ nl 2 ZGC ZZ
W ~ N O 3e 0: < W <
Z H O:JU Y W O W F- JF- J
1- v U2 x
< ~ < x m a.. w..
D: N LLOV Vf F O WVI W{//
H H O V W N 0: x OL O: Vf O: VI
W J W F < O. O.
»v o: ~ x > pp > pp
OWC m UU7 V ~ 3 ? 0: X~> Z Z
- Y 1 1 ~ d 60 I 6 1 -LS
3031!`-CY?RE~ '375 7CT' ld! 121 92 ila 'OE I20>s 102 1D3 I07 I'33
30320}GY/RESS 713 125 203 I6T 116 1d2 102 ib4' 112 223 I12 221
10321-CYPRESS ]17 217 90 67 50 101 60 109 S6 121 6? 11]
10322-CYPRESS I7S 231 177 7S 70 7S 70 97 71 133 71 175
10321-CYPRESS 623 360 161 119 102 127 113 167 102 209 100 202
10321<CY'ItEBS ~i~ 250 86 116 51 OE 73 9i bT I17 d0 125
10121-GY1?REdi 33d 2d2'' 132 91 93 1S 99 Ili 92 166 D1 L7S
3032T-GYI?REOS ?ii ,1J4 I1# dl 61 7! 61 IO?, 73 Ili d1 120
10329-CYPRESS 102 220 39 100 37 0S d9 109 66 103 90 109
10]]0-CYPRESS ]00 163 62 67 19 I1 I6 06 69 35 63 61
10]]1-CYPRESS ]72 220 116 60 d2 79 77 d6 59 121 61 123
30733-CYPRESS i0S 71Y 112 "'06 : I06 11T 91 121 100 IbS 107 160
10731cGYPRESS !3d ]aT 1ST _ 109 _ I09 ' 17T 7D : Ili 9b 1d~K l0Y 1sS
30331-CYPRESS '261 120 93 d3 >I03 72 119 16 I16 97 131
103]7-CYPRESS 162 275 132 09 95 120 7d 106 75 161 dl 157
1073E-CYPRESS 110 2x2 119 91 69 112 bd 111 d2 172 07 170
10339-CYPRESS 186 260 131 91 1]3 121 71 112 92 160 302 110
IO1f6-GYPRE7s 'bbd 393 I00 I13 76 !l2 IC2 I~2 I05 131 : 111 134
E0313•CYPRESS 3.27 1d3' /9 50 60 O3 I22 61 92 >69 89
30361'-GYPREfi 7ti4 I10 2D6 I31 ''I10 1dS ' 'l3 105 I/6 206 IM 212
30]62-CYPRESS 779 317 161 112 91 111 100 112 110 101 111 100
10361-CYPRESS 601 277 109 101 6/ 97 00 111 9S 130 9p 1]0
10365-CYPRESS 511 319 121 101 96 lI7 76 165 93 169 101 160
30]bT=GYPREBS >4O0' 125 121 71 41 72 ~3 bi 6T 134 69 129
10365<CY?REBS 1:75 tDb 132 dl 77 I21 d1 1#f? r92 1~i0 101 1+3
10369-GYPREIIS 367 lt9 124 60 b0 b3 d6 ?9 111 SO 113 E.,,,
10370-CYPRESS 115 216 126 73 d0 103 00 90 69 112 71 110
10371-CYPRESS 139 21d 130 100 62 91 99 97 50 166 62 157
10]72-CYPRESS 532 251 121 DO 76 103 66 110 79 137 01 130
30771-C~rRES3 193 TS 27 31 '12 21 2a 36 2S: ~3 2#
'10371-:CYPRESS 5Z3 252 1!3 93 92 117 1Q0 103 312 I13' 9E Iii
10177-GYPREBS 207 13f tf4 71 3r3 11 IS 71 S2 7I 13 A3
10370-CYPRESS 102 233 114 77 71 9? 61 112 61 119 67 117
10379-CYPRESS 6C9 ?07 100 152 131 133 100 179 121 230 132 221
107D0-CYPRESS 197 301 130 105 7? 113 91 119 101 155 101 156
10343-CYPRHS3 5I0 di1 13p LOS 66 57# ~i 1fS .114 I23! 125 I1]
10702-CYPRESS 1$3 213 91>' 03 '32 dl 99 125 dT' 122 db 123
30354•GYPRES3 '~5 131 103 121 ''109 133 q7 1~R ill 202 105 Id0
103EE-CYPRESS 686 356 118 161 06 130 302 152 100 206 121 195
103x9-CYPRESS 511 271 103 92 67 02 77 105 97 133 96 172
10391-CYPRESS 510 261 96 07 72 db 00 1]a 91 137 03 111
'10312-:CYPRESS >721 366 12R 111 'I12 'I26 Iii 707 I10 222 111 120
30193+GY?1tES3 139 S9 124 94 bb ' 93 73 129 d6' ' 119 S3 123
A65ENTEE TOTALS 0 1679 x26 653 519- 630 565 e10 661 515 669 x01
GRAND TOTALS 21075 13712 6269 Ia19 3901 5047 1167 6271 1141 7257 159E 7165
9
CITY COUNCIL MINUTES December 10, 1990
Councilmember Arnold stated that it had been an honor and privilege to serve the people
of the City of Cypress. Her four years have been very encouraging and educational. She
thanked her many friends and supporters who encouraged her to be on the City Council.
She also stated that after 30 years, she has relocated and then introduced her family.
Mayor Age presented Councilmembers Arnold and Kanel with a plaque in recognition of
their service on the Cypress City Council.
Ms. Barbara Foster, representing Supervisor Harriett Wieder, read and presented
Councilmembers Arnold and Kanel with Resolutions from the Orange County Board of
Supervisors commending them for their exemplary service on the City Council and to the
City of Cypress.
Mayor Pro Tem Kanel thanked fellow members of the Council, staff and the public. He
mentioned that the past three years have been very interesting and enjoyable; it's been
educational, entertaining and satisfying just to get to know and be part of a community.
He thanked the staff and advised that the City Council all must work together and
communicate with each other.
Councilmembers Arnold and Kanel resigned their offices.
The City Clerk administered the Oath of Office to newly elected Councilmembers
Richard Partin, Joyce C. Nicholson and Walter K. Bowman and the new Councilmembers
took their seats at the dais.
CONSIDERATION OF CITY COUNCIL REORGANIZATION: Mayor Age made some
comments on the highlights of her year in office and her desire to unite the Council and
work as a team in order to face the many issues and obtain the cooperation needed to
successfully resolve the problems in the City. She believed that goal was accomplished
by the many divisive issues that were resolved. For the first time in many years, the City
came together and sat at the same table without sides. We worked hard to put together a
development agreement for the race track property and the golf course, negotiated a
settlement in release of all City liability over the 5125 million lawsuit, approved the new
senior center, which will replace the existing facility and approved an affordable senior
citizen housing project. The Mayor headed up the committee to stop the Los Alamitos Air
Station from expanding the clear zones, which could have cost the citizens millions of
dollars in loss of property values. The Council took action to put Lincoln Avenue in a
flexible redevelopment area, worked closely with City staff to ensure Cypress maintained
a balanced budget. As Mayor, she attended and supported many organizations and
functions throughout the year, including having the first fund-raiser in the City of
Cypress for leukemia which raised over x10,000.
The City Clerk called for nominations for the office of Mayor.
Councilmember Nicholson nominated Councilmember Kerry for Mayor. Councilmember
Partin nominated Councilmember Bowman for the office of Mayor. A motion was made
to close the nominations and hearing no objections, the City Clerk declared the
nominations closed.
The City Clerk asked that all those in favor of Councilmember Kerry for Mayor to cast a
"yes" vote and noted that there were two aye votes and three no votes cast and the
nomination failed to carry. The City Clerk then asked all those in favor of
Councilmember Bowman for Mayor cast an aye vote and noted that there were three aye
votes and two no votes and declared the position of Mayor filled by Councilmember
Bowman.
Mayor Bowman assumed his seat and opened the nominations for Mayor Pro Tem.
Councilmember Age nominated Councilmember Partin for Mayor Pro Tem. A motion was
made to close the nominations and hearing no objections, Mayor Bowman declared the
nominations closed. The nomination unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Bowman called a recess at 8:25 p.m. The meeting reconvened at 9:53 p.m.
with all Councilmembers present.
Mayor Bowman commented that he would represent all of the interests that might come
forth in the City of Cypress.
Mayor Pro Tem Partin stated that it was nice to be back on the Council. He thanked his
support groups for all their work, the fine campaign and the good results. He
particularly thanked his wife and family and friends that pitched in in a very
fashionable campaign. He stated he would do the best job he could for the citizens of
Cypress.
10
`•-t
CITY COUNCIL MINUTES December 10, 1990
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT
NO. 1 TO DEVELOPMENT AGREEMENT NO. 90-1 FOR THE CYPRESS BUSINESS
AND PROFESSIONAL CENTER: Mayor Bowman opened the public hearing. The City
Attorney summarized the staff report dated December 3, 1990 and presented a revised
Exhibit "C" which represented a technical amendment requested by Cypress Development
to assist with their financing and related securities for the development of the property.
The amendment clarifies the process by which their rights and obligations under the
Development Agreement are to be transferred and assigned.
Mr. Tom Wood, representing the owners of Cypress Business and Professional Center, 650
Towne Center Drive, Rm. 1110, Costa Mesa, stated that they had requested that this
amendment be made to the agreement, the purpose for the change has been explained and
asked for Council approval.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
amendment. No one did so.
It was moved by Councilmember Partin and seconded by Councilmember Age to close the
public hearing and approve Amendment No. 1 to Development Agreement No. 90-1. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT
TO RESIDENTIAL DENSITY BONUS POLICY SECTION 9.2 OF APPENDIX I,
"ZONING" OF THE CODE OF THE CITY OF CYPRESS: The public hearing was opened
by Mayor Bowman. The staff report dated December 5, 1990 requested this item be
continued to allow additional time for the preparation of a revised Ordinance.
It was moved by Councilmember Age and seconded by Councilmember Partin to continue
this item to the City Council meeting of January 14, 1991. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL
PERMIT -HOUSE NUMBER PAINTING ON CURBS FILED BY HOWARD L. RIDDLE,
D.B.A. EMERGENCY ADDRESSING SERVICE: Mayor Bowman opened the public
hearing. The City Manager reviewed the staff report dated December 4, 1990, which
indicated an application had been received for a Special Permit to allow door-to-door
solicitation for painting house numbers on curbs in the City of Cypress from Mr. Howard
L. Riddle. The City Council is to determine whether or not the operation of the business
will comport with the peace, health, safety, convenience, good morals and general welfare
of the public, or that the applicant or other persons responsible for the management or
supervision of the business is unfit to be trusted with the privileges granted by such
special permit or has a bad moral character, intemperate habits or a bad reputation for
truth, honesty or integrity.
The applicant, Howard L. Riddle, of Emergency Addressing Service, P.O. Box 3596,
Whittier, requested a change in the hours of operation from 10 a.m. and 6 p.m. to 10 a.m.
and 7 p.m. Handicapped children distribute the flyers in the neighborhood and he
requests donations for the curb painting services.
Councilmember Age suggested that Mr. Riddle change his statement on the application to
read, "...I am a Christian organization" rather than "...We are a Christian organization" and
the applicant agreed to the suggested change.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Age and seconded by Councilmember Partin to close the
public hearing and approve the application with a change in the statement of the
applicant and the hour of operation to be extended from 6 p.m. to 7 p.m. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-26
(43 CONDOMINIUM UNITS INCLUDING NINE DENSITY BONUS UNITS) AND
TENTATIVE TRACT MAP NO 14430 (DIVISION OF TWO PARCELS INTO TWO NEW
11
CITY COUNCIL MINUTES December 10, 1990
PARCELS FOR SEPARATE COMMERCIAL AND CONDOMINIUM USES) 6242 AND
6252 LINCOLN AVENUE: The public hearing was opened by Mayor Bowman who
referred to the staff report dated November 30, 1990 in which a request was submitted
for a continuance.
It was moved by Councilmember Age and seconded by Councilmember Kerry to continue
this item to the meeting of January 14, 1990. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
_ NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-
27, FOUR UNIT APARTMENT BUILDING, 8712 BELMONT STREET: Mayor Bowman
opened the public hearing. The Planning Director presented the staff report dated
November 30, 1990, which represented a request to construct a four (4) unit apartment
building at 8712 Belmont Street. In accordance with the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this project. The
applicant's request to construct a five unit apartment building with one density bonus
unit and open parking space within the front yard setback was denied without prejudice
at the October 29, 1990 Council meeting. The applicant now wishes to request the
construction of a four unit apartment project. Notices of the public hearing were
published, posted and mailed to all property owners within a 300 foot radius. To date, no
communication has been received regarding this application.
Ed and Max Bonnani, 5142 Bolsa Avenue, Ste. #103, Huntington Beach, stated that they
felt they had exhausted all their options, the project conforms with the zoning and they
are not asking for any variances. The applicants requested Council approval.
Mayor Bowman asked if anyone wished to speak in support of the project. No one wished
to do so. The Mayor asked if anyone wished to speak in opposition to the application.
Mr. Joe Sheets, 4802 Merten Street, Cypress, stated he was not 100% opposed to the
project, but reiterated that the parking was not sufficient for all the developments. He
asked how much more would the neighborhood be able to handle with sewers, lighting
and water pressure. He asked that the Council consider that area.
Mayor Bowman announced that the Council will have a workshop to discuss this area to
attempt to determine what should be done and to consider the possibility of a
moratorium.
Ms. Judy Ahrens, 8672 Belmont Street, Cypress, stated she was not in opposition to the
building if it is an asset to the area, but is in opposition to overloading the water lines.
Responding to Ms. Ahrens question about providing adequate play area for children, the
Planning Director explained there is no longer any law that requires play areas.
Ms. Yvonne Greenelsh, 8751 Sumner Place, Cypress, desired a moratorium to stop building
in order to better plan the development in the area. She stated that youths climb over the
fence from the cemetery and burglarize homes. The area needs some help.
Mr. Gene Andre, property owner of 8711-8721 Belmont Street, Cypress, commented that
there is a problem in the area regarding parking. He named several streets that are
substandard in width. He also commented on the lack of water pressure in the area, the
area is being greatly overcrowded and his purpose was to help identify those problems.
He urged the Council to do whatever is necessary to get a plan in place to prevent the
further deterioration of the area.
Mr. Gary Frawley, 8771 Sumner Place, Cypress, commented that he was against the
expansion of the HUD program in the area.
Mayor Bowman clarified that this was not a HUD project. No one else wished to speak in
opposition to the project.
Mr. Max Bonnani stated that all the comments that he has listened to are not against the
project. Responding to Mayor Bowman, Mr. Bonanni commented that garages instead of
carports could be a consideration.
It was moved by Councilmember Nicholson and seconded by Councilmember Partin to
close the public hearing, certify the Negative Declaration according to the requirements
of the California Environmental Quality Act and approve Conditional Use Permit No. 90-
27 subject to conditions and if garages can be built they will, otherwise they will proceed
with the carports subject to design review. The motion unanimously carried by the
following roll call vote:
12
1 - ~ c/.
ii CITY COUNCIL MINUTES December 10, 1990
j~~
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-28
AND VARIANCE NO. 90-20 (FOUR APARTMENT UNITS, INCLUDING A REQUEST
TO ALLOW ONE PARKING SPACE WITHIN THE FRONT SETBACK AREA), 8761
MOODY STREET: The public hearing was opened by Mayor Bowman. The staff report
dated December 3, 1990 was summarized by Planning Director Eynon. The application
represented a request to develop a four unit apartment building at 8671 Moody Street and
a variance from the Zoning Ordinance to allow one parking space to be located within
the front building setback area. According to 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. To date, staff has not received any communication regarding this matter.
Mr. Joe Kramer, 10024 Pico Vista, Downey, stated that he was forced to ask for a
variance because he is dedicating 20 feet to Moody Street and attempted to make this the
most responsible project he could.
Councilmember Kerry expressed concern about a play area for children living in the
apartment complex and suggested that a three and one-half foot fence be installed around
the front yard. The applicant agreed to consider the fencing.
No one wished to speak in support of the application. Mayor Bowman asked if anyone
wished to speak in opposition to the project.
Mr. Gene Andre, 4143 Sussex Circle, Cypress, remarked that the question again arises as to
the overcrowding and parking problems in the area. This is not an addition to the
general appearance of the neighborhood by allowing a variance for parking spaces in the
front of the proposed project.
Mr. Joe Sheets, 4802 Merten Street, Cypress, stated the area is turning into a complete
apartment complex and a stop must be put to some of this development.
Ms. Yvonne Greenelsch, 8751 Sumner Place, Cypress, stated that the neighbors had no idea
that the area would be high density and how it would be affecting the schools.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, reminded the Councilmembers that
when the annexation took place, those people were told that the property would be
developed as zoned for the county, were told they would be grandfathered and something
needs to be done in this City about controlling development.
Mr. Kramer, the applicant, stated that this is an RM-20 zone, he is within all the
ordinances and the developer is always required to certify verification that there is
enough water pressure before plan checks. The property owner should be able to do what
they want with their property as long as they comply with all the ordinances.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close the
public hearing, certify the Negative Declaration and approve Conditional Use Permit No.
90-28 and Variance No. 90-20 subject to conditions, including two additional conditions
making the carports into garages and fencing in front of the complex. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Age suggested that the date for a workshop be set at this time to discuss
consideration of a moratorium on the development in that area. After some discussion, it
was decided that the workshop would start at approximately noon on January 11 and run
through January 12, 1991. The City Manager suggested that the workshop be conducted
and then schedule the results of those discussions for the Council meeting of January 14,
1991.
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 90-19, AIR
CONDITIONING UNIT IN SIDE YARD, 4435 AVENIDA CARMEL: Mayor Bowman
opened the public hearing. The Planning Director presented the staff report dated
November 30, 1990 which represented a request for a variance from the Zoning
Ordinance to allow the installation of an air conditioning unit within the side yard. In
accordance with the California Environmental Quality Act, the proposed project has been
determined to be categorically exempt. Notices of this public hearing were posted,
published and mailed to the property owners within a 300-foot radius of the subject
property. To date, staff has not received comments regarding this matter.
13
123
CITY COUNCIL MINUTES December 10, 1990
Mr. Nelson Fishman, 4435 Avenida Carmel, Cypress, stated he had talked to his neighbors
about the placement of the unit and he is putting in one of the quietest units on the
market.
Mayor Bowman asked if anyone wished to speak in support of or opposition to the
application. No one did so.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
close the public hearing and approve Variance No. 90-19 subject to conditions. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE
PERMIT NO. 76-15, ESTABLISHMENT OF A DAY CARE CENTER AT THE HOLY
CROSS LUTHERAN CHURCH, 4321 CERRITOS AVENUE: The public hearing was
opened by Mayor Bowman. The Planning Director summarized the staff report dated
November 26, 1990, which represented a request to amend the original Conditional Use
Permit No. 76-15 and establish a day care center at Holy Cross Lutheran Church, 4321
Cerritos Avenue. In accordance with the requirements of the California Environmental
Quality Act, this project is a Class (1) Categorical Exemption.
Mr. Kenneth Shill, 8221 Del Oro Lane, La Palma, a member of Holy Cross Lutheran
Church and the Board of Christian Education at the school, stated they were applying for
the amendment because it is necessary for the operation of the day school.
No one else wished to speak in support of or opposition to the application.
It was moved by Councilmember Age and seconded by Councilmember Partin to close the
public hearing and approve the amendment to Conditional Use Permit No. 76-15, subject
to conditions. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE 1990 HOUSING
ELEMENT, CITY OF CYPRESS GENERAL PLAN: The public hearing was opened by
Mayor Bowman. The City Manager requested the Planning Director review the staff
report dated December 3, 1990, which indicated that the City Council had adopted the
1990 update of the City's Housing Element. State law requires all cities and counties
prepare a Housing Element as part of their General Plans and that the Housing Element
be updated every five years to reflect a community's changing needs. Staff has worked
with the consultants from Cotton Beland Associates to prepare the revised sections of the
Housing Element. In accordance with the requirements of the California Environmental
Quality Act, an amendment to the original Negative Declaration will be filed for this
project. Notices of this public hearing were published in the News Enterprise and posted
in City Hall, in the library and in the Community Center. To date, staff has received no
communication regarding this matter.
Mayor Bowman asked if anyone wished to speak in support of or opposition to the
proposed amendment. No one wished to do so.
It was moved by Councilmember Age and seconded by Councilmember Partin to close the
public hearing, certify the Negative Declaration according to the requirements of the
California Environmental Quality Act and approve the amended 1990 Housing Element to
the City of Cypress General Plan. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: FEDERAL HOUSING AND
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - 17TH YEAR: Mayor
Bowman declared the public hearing open. The Planning Director summarized the staff
report dated November 17, 1990, which described the City's participation in the Federal
Housing and Community Development Block grant (CDBG) Program to obtain funds for
community improvements. A public meeting was held and citizen input received.
After some discussion, Mayor Bowman asked if anyone wished to speak in favor of or in
opposition to the project. No one wished to do so.
14
'Y COUNCIL MINUTES December 10, 1990
It was moved by Councilmember Kerry and seconded by Councilmember Partin to close
the public hearing, adopt the Resolution by title only, title as follows, approving the
City's participation in the 17th Year Housing and Community Development Block Grant
Program with the County of Orange and authorize the Mayor sign the grant request on
behalf of the Cypress City Council.
RESOLUTION NO. 3867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE CITY'S PARTICIPATION IN THE 17TH YEAR HOUSING
AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE
COUNTY OF ORANGE.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CITY OF CYPRESS LIGHTING
DISTRICT NO. 2 - 1991:. The public hearing was declared open by Mayor Bowman. The
City Manager called upon the Acting Director of Public Works to present the staff report
dated November 20, 1990, which described the two Resolutions that had been prepared to
accomplish the final procedures for calendar year 1991, required under the Street
Lighting Act of 1919.
Mayor Bowman asked if anyone wished to speak in support of the project.
Mr. Roy Hull, 5202 Myra Avenue, Cypress, commented about the article in the paper
which stated that lighting fixtures had been placed in the Sorrento Homes development.
He asked who was paying for that lighting, the City of Cypress or the developer. The
City Manager answered that that lighting is paid for by the people residing in the
subdivision. The Acting Public Works Director responded that the Sorrento Homes
Development has been incorporated into this engineer's report, they will be paying for
electricity as everyone else and there is no added increment to any resident outside of
that area that he was aware.
Mr. Howard Kromer, 6634 Teakwood Street, Cypress, indicated he was present for the
same reason because that article was in last week's newspaper and it alluded to the fact
that each property owner would be assessed something like $30 and he wondered if this
charge would be included in the property tax bill. He felt Cypress had the money to pay
for street lights without assessing the property owner.
The City Manager suggested that the two individuals leave their names and addresses and
the data requested will be provided by the Engineering Department.
Councilmember Kerry requested that this item be deferred until one of the individuals
returned with the newspaper article.
It was moved by Councilmember Age and seconded by Councilmember Kerry to defer this
item to the end of the Agenda and hearing no objection, Mayor Bowman so ordered.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-
30, CONVERSION OF ASINGLE-FAMILY HOME INTO A CHAPEL, 8522 WALKER
STREET: Mayor Bowman opened the public hearing. The staff report dated November
30, 1990 requested that this item be continued.
It was moved by Councilmember Age and seconded by Councilmember Kerry to continue
this item to the meeting of January 14, 1991. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90- _
31, (COMMERCIAL CENTER, 12 CONDOMINIUMS, AND CONVERSION OF 30
APARTMENTS INTO CONDOMINIUMS AND TENTATIVE TRACT NO. 14445
(DIVISION OF THREE PARCELS INTO TWO PARCELS FOR SEPARATE
COMMERCIAL AND CONDOMINIUM USES), 6292-6302 LINCOLN AVENUE: Mayor
Bowman opened the public hearing. The staff report dated November 30, 1990 indicated
that the applicant requested this item be continued.
It was moved by Councilmember Partin and seconded by Councilmember Age to continue
this item to the meeting of January 14, 1991. The motion unanimously carried by the
following roll call vote:
15
CITY COUNCIL MINUTES December 10, 1990
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PARKING OF CERTAIN CATEGORIES
OF VEHICLES ON RESIDENTIAL STREETS: The City Attorney addressed the staff
report dated November 13, 1990, which indicated that Council has discussed this issue in
terms of what can the City do in an effort to restrict its parking. There is conflicting
law on the subject; however, generally the rule is that the City may do that which is
permitted under state law in terms of any vehicle code matter, but may not do anything
that is prohibited under state law and can regulate within certain parameters. Council
may wish to consider any of the following options: take no action, regulate parking
within 100 feet of intersections, red curb no parking zones, ban all on street parking, seek
legislation authorizing differentiation between types and classes of vehicles, or enact an
ordinance which prohibits the parking of certain classes or types of vehicles.
Councilmember Kerry suggested that this might be brought before the League of Cities to
see how receptive other cities are to these problems.
Councilmember Nicholson voiced her concern about the RVs parked in driveways and
hang over the driveway apron.
Councilmember Partin stated that this problem surfaces every once in awhile and if you
want a group mad, there would be an uprising if RVs were banned from parking on the
streets. It is a ma jor problem.
Councilmember Kerry commented that she was talking about RV parking on the streets
and doesn't foresee something happening unless there was information from the City
Attorney that there had been some kind of resolution of a lawsuit. She didn't anticipate
the Council making a decision on something of this importance without putting it to a
vote of the people, but not on the basis of the staff report and that's why the League of
Cities was mentioned for a possible resolution.
Councilmember Partin stated that the City could possibly proceed through some League-
type action, but recommended, for the time being, that the incidents be handled on an
individual basis as they come up. He stated a preference for some legislative action that
would permit regulation of a vehicle that blocks the view of the street.
The City Attorney would provide some suggestions for the next Council meeting that
would reflect the position the Council would take, advise the League and process it.
Mr. Douglas Roselle, 9338 Christopher Street, Cypress, expressed concern about major
restrictions where he could not park in front of his house when leaving on vacation.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, did not agree with banning RVs from
on street parking.
Regarding City of Cypress Lighting District No. 2 - 1991, the Acting Public Works
Director explained that the engineer's report estimates the total cost for the lighting
district for the year, divided by the total number of parcels benefiting and that amount
is $30.44. It is not that the parcels are receiving an increase, but it is approximately what
they paid last year and this process has been in effect since 1919.
After some discussion, Councilmember Kerry requested that the language in the engineer's
report be clarified so people won't confuse previous improvements with any new
improvements. The Acting Public Works Director stated that if the engineer's report used
the term "improvement," that wording could be changed.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close the
public hearing and adopt Resolutions by titles only, titles as follow, confirming the report
of the City Engineer dated November 5, 1990 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 NO. 3868
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 5, 1990,
PREPARED PURSUANT TO RESOLUTION NO. 3841 OF SAID COUNCIL AND
REFERRED TO IN RESOLUTION NO. 3844 OF SAID COUNCIL, AND THE
PLANS, SPECIFICATIONS AND ESTIMATE CONTAINED IN SAID REPORT;
ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC
CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN
16
~,r~~ITY COUNCIL MINUTES December 10, 1990
RESOLUTION OF INTENTION NO. 3845 AND RESOLUTION NO. 3846,
APPOINTING THE TIME AND PLACE FOR HEARING PROTESTS, 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 NO. 3869
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 OF MAKING ~ ;
THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND
FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET
LIGHTING SYSTEM IN CYPRESS LIGHTING DISTRICT NO. 2 AND ORDERED
TO BE INSTALLED BY RESOLUTION NO. 3845 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: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CONDITIONS AT THE CYPRESS FLOOD
RETARDING BASIN (NATURE PARK): The City Manager called upon the Acting
Public Works Director to present the Administrative Coordinating Team report dated
December 4, 1990 which stated that a complaint has been received from a resident and
referred to the Traffic Commission for study, several juveniles had been arrested illegally
entering the Nature Park, an accident report filed on a rabbit bite and several complaints
had been received from citizens regarding the condition of the rabbits.
The City Attorney advised that the City would have liability for any dangerous condition
on public property and a biting rabbit could be considered a dangerous condition,
depending on the injuries sustained by the child.
After discussion, Councilmember Age suggested that the City promote an adopt a rabbit
program.
Councilmember Kerry stated that we have the rabbits, people enjoy them and she
suggested weeding out the babies and offering them to pet stores. It is necessary to take
care of the rabbits so the current population is under control.
Councilmember Nicholson inquired if any arrangements had been made to take care of
injured or sick rabbits.
The City Manager stated that if the City intends to keep a rabbit population, we need to
contract for a professional that can provide care. There is no question that the rabbits
are a very popular attraction.
Mayor Bowman commented that some of the neighbors feel that it might be an illegally
zoned parcel because it is now a petting zoo arrangement.
Councilmember Nicholson suggested directing staff to look into the cost of extending the
height of the fence and contacting local veterinarians to determine if they will offer
their services for spay and neutering and caring for any sick rabbits. If they will not
provide those services gratis, then determine what the cost would be.
Councilmember Partin stated that the suggestions sound good, but the monetary costs are
great.
Mr. Ted Hill challenged what was said about the rabbit count and the rabbits escaping
from the Park. The City can pay for the vet, the fencing improvements and the care of
the rabbits.
Ms. Jane Wozniak stated that people are coming from all over the area to see and feed the
rabbits.
Mayor Bowman asked if staff had any questions regarding Council's direction and the
City Manager replied in the negative.
CONSIDERATION OF CITY COUNCIL APPOINTMENTS: Mayor Bowman opened the
discussion, asking various Councilmembers to serve on the organization listed. The City
Manager noted that former Councilmember John Kanel had requested that he remain as
17
~ r
CITY COUNCIL MINUTES December 10, 1990 ~ ~ ~
the representative to the Orange County Vector Control with the remainder of his term
running through December of 1991. Based on preceding discussion, the following
appointments were made.
Orange County Sanitation District Mayor -Representative
(Meets 2nd Wednesday of the month) Cecilia Age -Alternate
League of California Cities, Mayor -Representative
Orange County Division Richard Partin -Alternate
(Meets 2nd Thursday of the Month)
Santa Ana River Flood Gail Kerry -Representative
Protection Agency Joyce Nicholson -Alternate
(Meets in June & November)
Southern California Richard Partin -Representative
Association of Governments Cecilia Age -Alternate
City/Cypress School District Joyce Nicholson
Joint Steering Committee Gail Kerry
Southern California Association Richard Partin
of Governments -Policy Advisory
Committee
Councilmember Age asked if it was important that a current City Councilmember be the
representative to the Vector Control District and the City Manager responded that in the
past it has been a member of the City Council, but the bylaws do not require a City
Councilmember.
Orange County Vector Control John Kanel -Representative
District (term expires 12/31 /91)
(Meets 3rd Thursday of the month)
It was moved by Councilmember Nicholson and seconded by Councilmember Partin to
confirm the appointments to the various aforementioned organizations. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Kerry to continue
the meeting past the hour of 11:30 and hearing no objection, Mayor Bowman so ordered.
CONSIDERATION OF RENEWAL OF THE CITY/DISTRICT'S SELF-FUNDED
INDEMNITY MEDICAL PLAN: The City Manager called upon the Risk Manager to
present the staff report dated December 5, 1990, which indicated that the renewal process
has been impacted by City experience for the past five years and with the
implementation of a Physicians' Network and an increase in the self-funded limit to
$35,000, the increase was lowered from 75.50% to 42.5596.
It was moved by Councilmember Partin and seconded by Councilmember Age to approve
the implementation of the Physicians' Network along with the increase in the self-funded
limit; and approve the renewal of the program which would allow the City to contract
with Standard Security for excess coverage and allow the City Manager to authorize
coverage to another excess market should it become available between now and January 1,
1991. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PARKWAY MAINTENANCE IN THE SORRENTO HOMES
PROJECT: The City Manager summarized the staff report dated December 5, 1990,
which indicated that Cypress Homes is proposing that the City forego the assessment
district and agree to maintain the parkway on Sorrento Drive. In exchange, Cypress
Homes Company would agree to maintain all of the parkways during the marketing of the
housing project.
The Acting Public Works Director estimated the annual maintenance cost of Sorrento
Drive would be approximately $27,000 rather than $10,000 as indicated in the report.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
accept the proposal presented by Cypress Homes for maintenance of the exterior parkways
through the completion of the Sorrento Homes Project with the understanding that the
City would agree to maintain these parkways in addition to the Sorrento Drive parkway
upon project completion. The motion unanimously carried by the following roll call vote:
18
~
.
CITY COUNCIL MINUTES December 10, 1990
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF A REQUEST FOR ADDITIONAL REGULATIONS OF PRIVATE
PARTIES IN RESIDENTIAL ZONES: The City Manager presented the staff report dated
December S, 1990, which indicated that Councilmember Kerry requested that the City
Council acknowledge the recent letter received from Mr. Eugene Zechmeister. Council
had previously received an informational report from Police Chief Wicker regarding this
issue.
Chief Wicker explained to the Council that the procedure followed by the Police
Department when they are notified about private parties and the City of Cypress has had
good luck in controlling these private parties.
Councilmember Kerry stated that it was her intention to advise the public that the City
does have such an ordinance in place regulating private parties in residential areas.
It was moved by Councilmember Age and seconded by Councilmember Partin to request
Police Chief Daryl Wicker to present Mr. Zechmeister with the information regarding the
current City of Cypress controls for private parties in residential zones, which is
considered adequate at this time. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF DRUG FREE ZONES: Police Chief Wicker summarized the staff
report dated December 4, 1990, which indicated the enhancement of penalties for those
convicted of possessing or vending drugs in specified areas or zones were drafted into law
by the California State Legislature.
Councilmember Partin suggested making the entire City a drug free zone.
Chief Wicker advised that was one of the recommendations he had hoped to bring back to
the Council and if it can be done, it would be done.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
direct the Chief of Police to prepare full and complete reports and a resolution for
consideration of establishing "Drug Free Zones" within the City of Cypress and that such
report and resolution be prepared for consideration by the City Council at its regular
scheduled meeting of January 28, 1991. The motion unanimously carried by the following
roll call vote:
AYES: S COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 42178 - 42660: It was moved by Councilmember Age and seconded by
Councilmember Kerry to approve the Warrants No. 42178 through 42660 in the amount of
$1,796,904.10. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Recreation & Park District Matters:
CONSIDERATION OF SPECIAL EVENT LIABILITY PROGRAM: The City Manager
called upon the Assistant to the Director of Recreation and Parks to present the staff
report dated December 3, 1990, which stated that special event liability insurance
programs at reasonable rates are again available through our broker. All the available
special event liability insurance programs provide insurance protection for both the event
sponsor and the City when a member of the public uses a City facility for a short term
special event.
It was moved by Councilmember Partin and seconded by Councilmember Age that the
City Council, acting as ex officio governing Board of Directors for the Recreation and
Park District, approve the reinstatement of an alcohol use liability insurance requirement
for indoor and outdoor events, outlined in the proposed event liability insurance fee
schedules as recommended by the Recreation and Community Services Commission. The
motion unanimously carried by the following roll call vote:
19
1- ~ ~(('11 -
CITY COUNCIL MINUTES December 10, 1990 1 ~ J
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF YELLOW RIBBON RECOGNITION FOR LOCAL
PARTICIPANTS IN OPERATION DESERT SHIELD: The Assistant to the Recreation
and Park Director summarized the staff report dated December 4, 1990 which represented
a request from Councilmember Kerry that this item be placed on the agenda to discuss
and determine possible alternatives to honor Cypress residents currently serving our
country in the Armed Services in Operation Desert Shield in the Middle East. It was
suggested that yellow ribbons be tied around trees for each Cypress resident now in the
Middle East and that their names be attached to these ribbons.
Councilmember Kerry advised that the City is not able to obtain a list of individuals
serving in the Middle East and suggested designating a tree for placement of a yellow
ribbon for someone serving in the Mid East.
After further discussion, it was moved by Councilmember Partin and seconded by
Councilmember Nicholson to dedicate all the trees on the southwest corner of the Civic
Center (corner of Grindlay and Orange) open to tying yellow ribbons around their trunks.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Bowman recessed the meeting at 11:55 p.m. to enable the Council to act
as the Cypress Redevelopment Agency. The City Council meeting reconvened at 12:02
a.m. with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Age asked who was going to represent the City at the Orange County
Board of Supervisors hearing on the jail booking fees. The City Manager responded that
the Mayor, Chief Wicker and he will be attending. Councilmember Age stated this is an
extremely important issue, could cost the City money and representation is needed.
Councilmember Age suggested that the new pictures of the Councilmembers be in color.
The City Manager will bring back the costs and the item will be placed on the next
Agenda.
Councilmember Age requested that discussion be opened on the issue of having the City
Attorney research what other cities do about electing their mayors, possibly look at how
Anaheim elects their Mayor and provide a report on the different ways mayors are
elected. After some discussion, Councilmember Partin asked if the Cypress Charter would
allow such an arrangement. The City Attorney answered that it could be done, the City
would remain aCouncil/Manager form of government unless there was a charter change,
but it was possible to have a directly elected mayor, a "weak Mayor" system.
Councilmember Nicholson felt that the present system has worked quite well and until
there is an overwhelming voice from the people that they want it changed, that it remain
as is. Councilmember Partin asked what the benefit would be to have an elected Mayor.
Councilmember Age felt that an elected Mayor might be somewhat more dedicated if
elected by a vote of the people. It was the consensus of the Council to direct the City
Attorney to do some research on this item. The City Manager advised if there was to be
long-term research with a survey of cities, staff would be able to accomplish that;
however, any legal matters would need to be researched by the City Attorney.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda.
The City Manager advised Council that some City Commissions have expressed a desire to
meet with the Council, have identified some Agenda items for discussion and joint
meetings will be scheduled with the various commissions.
He advised that there are a couple of workshops that have been scheduled for the
January 14, 1991 meeting and suggested starting the meeting with the workshop at 4:30
p.m. He stated that the consultants reviewing all the City's fees and charges have
completed their study and the workshop is scheduled to be held that afternoon for
approximately one hour. Traffic Management Association (TMA) is taking a new
approach to their operation, on a volunteer basis, and will be recommending certain
actions on the ordinance for the Business Park group. They have requested a workshop
meeting for February 11, 1991. The consultants on the General Plan Amendment are
asking for a workshop meeting for about an hour on all the committee work that's being
done, tentatively scheduled for the City Council meeting of February 25, 1991. The City
Manager then requested a return to Closed Session.
20
~ QCITY COUNCIL MINUTES December 10, 1990
RECESS: Mayor Bowman called a recess at 12:15 p.m. to allow the Council to enter closed
session to discuss personnel matters. The meeting reconvened at 1:02 a.m. with all
Councilmembers present.
It was moved by Councilmember Partin and seconded by Councilmember Age to approve
the recommendation to increase the City Attorney's fees as follows: 1) Retainer rate for
the first 20 hours - $100.00 per hour; 2) Over retainer hours, City Attorney rate $120.00
per hour (Jerry Patterson, Lois Bobak and John Cavanaugh); 3) Legal Assistant rate
(Gregory Diaz) - $80.00 per hour; and 4) Hourly rate for other attorneys, law clerks and
legal assistants shall be the standard rates adopted annually by Burke, Williams and
Sorensen for public law retainer clients. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ADJOURNMENT: Mayor Bowman adjourned the meeting at 1:02 a.m.
ATTEST:
21