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Minutes 91-03-25 _QQ< S ~f ~J~ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 25, 1991 A Regular Meeting of the Cypress City Council was called to order at 4:31 p.m. in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Walter Bowman presiding. PRESENT: Councilmembers Kerry, Nicholson, Partin and Bowman ABSENT: Councilmember Age Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and Recreation & Parks Director Marvin DeCarlo. WORKSHOP SESSION: A joint meeting with the Recreation & Community Services Commission was held with the City Council at 4:30 p.m. to discuss several items on the Agenda, which were: the development of the Veterans Park with the construction of a pavilion and restrooms as soon as possible; the Senior Citizen complex development, which is a project that will be started shortly at the former Cypress Elementary School site on Grindlay and completed in approximately one year. There was discussion on potential Cultural Arts facility locations in the City at various sites including the property adjacent to the Civic Center. The status of the Oxford School property on Grindlay and the recent action of the Anaheim Union High School District Board of Trustees to become the landlord of that property verbally guaranteeing that the City would have the right of scheduling and care of the open space of that facility. The status of the Redevelopment Agency projects and bond sales was reviewed and discussed. The Commission requested direction from the Council on facility use fees, which the Council provided and they asked the Commission to review the fee structures and make recommendations to Council. RECESS: Mayor Bowman recessed the meeting at 5:40 p.m. to enable the Council to reconvene in the Council Chamber. The meeting reconvened at 5:54 p.m. with all Councilmembers present except Councilmember Age. Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Hill, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF RENEWAL OF CONTRACT FOR PROFESSIONAL ENGINEERING SUPPORT SERVICES: The Acting Public Works Director summarized the staff report dated March 12, 1991, which requested that the contract with Les Evans of Les Evans & Associates be extended for another month with an additional four hours per week, to provide support services to the Engineering Division of the Public Works Department. Councilmember Partin suggested that the recommendation be amended to a time period of "not to exceed six months." It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve the extension of the contract with Les Evans & Associates, 419 Main Street, Suite 89, Huntington Beach, CA 92748, for professional engineering support services for a period not to exceed six months, to be provided at 20 hours per week at an hourly rate of $90.00. The services may be terminated at any time as determined necessary by the Acting Director of Public Works. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AWARD OF CONTRACT FOR THE REPLACEMENT OF A PUBLIC WORKS DEPARTMENT STAFF VEHICLE: The Acting Public Works Director presented the staff report dated March 12, 1991, which indicated that the current budget provides funds for the replacement of one Public Works Department staff automobile. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to determine it is in the best interest of the City to dispense with formal competitive bidding, as it has in the past, pursuant to City Code Section 21A-8(f); and authorize the purchase of one used vehicle as identified in the report from Avis Used Car Sales, 4101 South Main Street, Santa Ana, CA 92707, in the amount of $14,430.30. The motion unanimously carried by the following roll call vote: .-~r/Z CITY COUNCIL MINUTES March 25, 1991 AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC COUNT SERVICES CITY-WIDE, CITY OF CYPRESS PROJECT NO. 9132: The staff report dated March 14, 1991 was summarized by the Acting Public Works Director which indicated that three requests for proposals were received for traffic count services to obtain traffic volumes on the arterial highway network to establish patterns of use and growth throughout the City. It was moved by Councilmember Kerry and seconded by Councilmember Partin to accept the proposal received from Newport Traffic Studies, 320 S. Milliken, Suite B, Ontario, CA 91761, as the lowest responsible bidder and award the contract to this company for the Traffic Count Services City-Wide, Project No. 9132 in the amount of $6,439.50. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AWARD OF CONTRACT FOR CLAIM FILING SERVICES RELATED TO STATE MANDATED COSTS: The Finance Director reviewed the staff report dated March 15, 1991, which indicated that the City has been approached by David M, Griffith and Associates, Ltd., to file late claims with the State on behalf of the City. In the proposed one year agreement, any late claims will be filed on a contingent fee basis with no payments due until funds are received from the State. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to approve the City entering into an agreement with David M. Griffith and Associates, Ltd., 12509 Oxnard Street, Suite A, North Hollywood, CA 91606, to provide claim filing services relating to State Mandated Costs with the fee being contingent on receiving funds from the State. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Kerry requested that Item No. 12, Consideration of Status Report on Rabbits Living in the Cypress Nature Park, be removed for further discussion. The City Attorney requested the removal of Item No. 18, Consideration of Confirmation of Communications Transmitted to the Orange County Auditor-Controller by the City Attorney Relating to Property Tax Collection Administration Fees. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to approve the Consent Calendar Items No. 5 through 19, with the exception of Items No. 12 and 18. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age Item No. 5: Consideration of Approval of City Council Minutes of the Regular Meeting of March 11, 1991. Recommendation: That the City Council approve the Minutes of March 11, 1991, as submitted. Item No. 6: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item No. 7: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Maria de Jesus & Salvador Martin, D.B.A. El Zarape, 4197 Ball Road, Cypress. Recommendation: Receive and file. Item No. 8: Consideration of Proclaiming April 1991, as "Weight Loss Month". Recommendation: That the Mayor and City council officially proclaim April 1991, as "Weight Loss Month" in the City of Cypress. 2 2 Q 0 CITY COUNCIL MINUTES March 25, 1991 Item No. 9: Consideration of Resolution Commending Cypress College on its 25th Anniversary. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Cypress College on its 25th Anniversary and officially recognizing July 1, 1991 through June 30, 1992, as the year of Cypress College's 25th Anniversary celebration. RESOLUTION NO. 3912 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS COLLEGE ON ITS 25TH ANNIVERSARY. Item No. 10: Consideration of an Application for an Original Alcoholic Beverage License Filed by Pam Panfic C. Wong, D.B.A. Market ETC., 6155-6157 Ball Road, Cypress. Recommendation: Receive and file. Item No. 11: Consideration of Request for 1991/92 SB 821 Funds for Local Bicycle and Pedestrian Facilities. Recommendation: That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of a request to the Orange County Transportation Commission for funding of local bicycle and pedestrian facilities under the 1991/92 SB 821 Program. RESOLUTION NO. 3913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN. Item No. 13: Consideration of Acceptance of Security Lighting at the Cypress Community Center, City of Cypress Project No. 9007. Recommendation: That the City Council: 1) Accept the security lighting at the Cypress Community Center, City of Cypress Project No. 9007, as being satisfactorily completed in accordance with the Plans and Specifications; 2) Approve the payment to Building Energy Consultants, 1320 W. Tefft Street, Nipoma, California 93444, of the contract price of $4,250.00; and 3) 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 the expiration of one year's guarantee providing no defects in material or workmanship become evident. Item No. 14: Consideration of Acceptance of Sorrento Final Tract Map Nos. 14157 (Phase IV) and 13228 (Phase V), Southwest Corner of Orange Avenue and Moody Street. Recommendation: That the City Council approve Final Tract Map Nos. 14157 and 13228, and accept the bond for public improvements in the amount of $408,000.00, which is not less than 50% nor more than 100% of the total improvements, and authorize the City Clerk to sign the Record Map. Item No. 15: Consideration of Acceptance of Final Parcel Map No. 90-245, Southwest Corner of Cerritos Avenue and Walker Street, Race Track Property, Grace Church Development. Recommendation: That the City Council approve Final Parcel Map No. 90-245 and authorize the City Clerk to sign the Record Map. Item No. 16: Consideration of Employment Lists for the Positions of Purchasing Officer and Secretary. Recommendation: That the City Council certify the Employment Lists for the positions of Purchasing Officer and Secretary. Item No. 17: Consideration of Status of Senior Citizens Center Financing. Recommendation: Receive and file. Recreation & Park District Matters: Item No. 19: Consideration of Senior Meals and Services, Inc., Funding Request. Recommendation: Receive and file. END OF CONSENT CALENDAR 3 ,r-~~ CITY COUNCIL MINUTES March 25, 1991 2 V 1 Regarding the status of the rabbits in the Cypress Nature Park, Councilmember Kerry mentioned that it appeared Jean Sleeper has finished her work with the rabbits, suggested that a resolution be prepared for her and presented to her at the next Council meeting. The Acting Public Works Director stated he would like to speak with Ms. Sleeper first to find out if she truly is finished with the rabbits. Councilmember Kerry suggested that the City needed some citizens to volunteer to help with the rabbits on an "as needed" basis. Councilmember Partin expressed his concern with citizens participation and that there be a "hold harmless" for any mishaps that might occur. The City Attorney responded that there are at least two forms of liability: workers compensation and for volunteers, there is liability for anyon:. injured on public property. The City Manager suggested that Ms. Sleeper be invited to the next Council meeting to provide a report. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to receive and file the staff report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Age In regard to Item No. 18, the City Attorney reviewed the matter of property tax collection administration fees and the notification to all cities from the County that they would be deducting a certain percentage as their assessment cost for collecting the City's property taxes. He has sent the letters to the County disputing the property tax collection fee. It was moved by Councilmember Partin and seconded by Councilmember Kerry to concur in the transmittal of these letters by the City Attorney to the Orange County Auditor- controller and receive and file this report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Age ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving CUP No. 91-I. RESOLUTION NO. 3914 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 91-1 -WITH CONDITIONS (RECREATIONAL VEHICLE AND BOAT STORAGE YARD, 5800 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP No. 91-5. RESOLUTION NO. 3915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 91-5 -WITH CONDITIONS (CHINESE RESTAURANT WITH THE ONSITE SALE OF BEER AND WINE, 10551, 10557 AND 10563 VALLEY VIEW STREET). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Age It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving CUP No. 91-4. RESOLUTION NO. 3916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 91-4 -WITH CONDITIONS (MULTI-PHASED CHURCH FACILITY INCLUDING PRIVATE ELEMENTARY SCHOOL, 5400 CERRITOS AVENUE). 4 ~_zS',.~ CITY COUNCIL MINUTES March 25, 1991 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CLOSED SESSION: Mayor Bowman recessed the meeting at 6:24 p.m. to allow the Council to enter into closed session for matters of personnel and litigation. The meeting reconvened at 7:32 p.m. with all Councilmembers present except Councilmember Age. Also present were staff members Barrett, DeCarlo, Eynon, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry. PRESENTATIONS: Mayor Bowman asked if there was a representative in the audience for the AIDS Walk Orange County and no one was present. Mayor Bowman and Mr. John Kanel, representing Senator Cecil Green's office, presented a Resolution of Commendation to Jaunetta "Johnnie" Strohmyer honoring her as the recipient of the "1991 Americana Award" from Senator Green. Mayor Bowman presented. a proclamation to Mayor Pro Tem and Mrs. Partin for their hard work and effort in organizing the very successful February 23 Pro America Rally supporting the U.S. troops in the Persian Gulf. Mr. Art Gomez, District Superintendent for Southern California Water Company, which provides the water to the City of Cypress was introduced and addressed the Council on the Southern California Water Company's position regarding water conservation and asked the City to approve an ordinance to help in that effort. Further discussion on this item was deferred to later in the meeting. The City Manager reported that the City Council met in joint session with the Recreation & Community Services Commission at 4:30 p.m. He then summarized the actions taken by the Council during the 5:30 portion of the Agenda. The City Attorney reviewed discussions held during Closed Session on personnel matters regarding salary negotiations with certain employee groups and the litigation matter of Potlatch, Simpson, Montrose filed by the Federal and State governments. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, asked that an item regarding the removal of a City tree in front of his neighbor's house be placed on the next agenda. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, asked that the item on water conservation be brought forward for discussion. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE RESIDENTIAL DENSITY BONUS POLICY NO. 90-5: Mayor Bowman opened the public hearing. He asked that this item be continued for at least 30 days, it is not a pressing matter and he is having some research conducted. It was moved by Councilmember Kerry and seconded by Councilmember Partin to continue this public hearing to the meeting of April 22, 1991. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90-6, AMENDMENT TO SECTION 9.3-A PERFORMANCE STANDARDS: RESIDENTIAL ZONES PERMITTING AIR CONDITIONING UNITS AND MECHANICAL EQUIPMENT IN SIDE YARD SETBACKS: The public hearing was opened by Mayor Bowman. The staff report dated March 15, 1991 recommended that this item be continued. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to continue this item to the Council meeting of April 22, 1991. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age 5 - ~ s~~ 2Q3 CITY COUNCIL MINUTES March 25, 1991 Mayor Bowman mentioned that there have been some requests to move items forward that are not public hearings. The public hearings will be heard first and then items can be moved forward. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-17, GASOLINE STATION, CAR WASH, AND MINI-MARKET WITH SALE OF OFFSITE BEER AND WINE, 6000 CERRITOS AVENUE: Mayor Bowman opened the public hearing. The Planning Director presented the staff report dated March 15, 1991, which indicated that this item was continued from the meeting of March 25, 1991 in order to allow the traffic consulting firm to review the requested movement of the project driveway located on the east side of Valley View Street. The driveway movement request is based on the applicant's need to provide a centrally located access to both proposed gasoline pump islands. The applicant also requested to increase the proposed driveway width from 35 feet to 45 feet. She stated that slides and a video tape were available, upon request. Ms. Kori Palmer, Associate Planner, presented slides of two similar types of facilities located in Costa Mesa and the City of Orange. Mr. Steve Solomon, 426 Culver Blvd., Playa del Rey, introduced Jim Alley of Texaco and Patrick Fiedler of Fred Fiedler and Associates. Mr. Fiedler, 2322 W. Third Street, Los Angeles, project engineer,. explained the City of Orange site, which is the same layout as proposed by Texaco for the gasoline station on the corner of Valley View and Cerritos in Cypress. Mr. Solomon stated that this matter has been before .the Council several times, they concurred with the final staff report regarding the driveway and submitted the matter for Council's approval. He advised that Texaco had a video available if Council wished to see it. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. No one wished to speak. Councilmember Kerry expressed concern about delivery times and a condition that deliveries only be made during the off hours. Mr. Jim Alley stated that it doesn't behoove Texaco to bring in a tanker when the station is trying to service customers during the peak traffic hours. The Planning Director advised that peak hours between 6:00 a.m. and 9:00 a.m. and 3:00 p.m. to 6:00 p.m. could be identified as part of the condition. Councilmember Partin stated that Texaco has bent over backwards in the redevelopment of the station, the right hand turn lane will help the City and he views the current project as the best compromise. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act and approve Conditional Use Permit No. 90-17, subject to conditions, including the condition identifying peak traffic hours. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE: RESIDENTIAL RECYCLING PROGRAMS: Mayor Bowman declared the public hearing open. The City Manager asked staff coordinator, Jamie Herbon to present the staff report and introduce Mr. Briggeman of Briggeman Disposal Inc. Ms. Herbon spoke about the proposed residential recycling program for Cypress which is a requirement of the State to develop plans to reduce waste by 25% by 1995 and 50% by the year 2000. At this time, the Mayor noticed Boy Scouts in the audience and asked them to introduce themselves. Scoutmaster Rich Huffineyer stated that this was Boy Scout Troop 548 and the troop was present in conjunction with working on the citizenship and community merit badge. Ms. Herbon commented that there were two major types of recycling programs: curbside collection or materials recovery and she provided a brief description of each program. Two automated containers are required for curbside collection. Responding to Councilmember Partin's question on penalties if the goals are not met, the State will fine the City $10,000 per day if a plan to reduce wastes is not implemented. The City Manager added that the charges the County is levying on the land fills are so high that we can't avoid an increase. Mr. George Briggeman, Jr., Corporate Vice President of Briggeman Disposal, explained that the 100 gallon barrels take the place of three to four normal trash cans and makes refuse collection easier. All material will be taken to Stanton Transfer station and sorted. 6 ~ s/7 24 CITY COUNCIL MINUTES March 25, 1991 Responding to Councilmember Nicholson, Mr. Briggeman answered that an anti- scavenging ordinance would need to be in place imposing penalties because pilferage will increase the cost of recyclables. Mr. Briggeman remarked that there needed to be discussion on how to address commercial trash recycling but it appeared the best possibility of reaching 2596 reduction is to use the sorting facility. After further discussion on collection and disposal of recyclables, Mayor Bowman mentioned the three proposals suggested with additional explanation provided by Mr. Briggeman. Mayor Bowman asked if anyone wished to speak in support of the project. Mr. Stan Slaven, 5332 Yorkshire Drive, Cypress, stated that when he lived in Anaheim, they had the type of recycling program with the two automated cans, he approved of the proposed program and would like to see it start now. The City Manager stated that composting will have to be a part of the City's recycling program and they are studying various possibilities. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that everybody he knew was in favor of cleaning up the environment. He expressed concern about the lack of checks and balances but supported a recycling program. Ms. Joann Rankin, 5122 Myra Avenue, Cypress, advised that a recycling program was started at Damron Elementary School and they have increased their profit by 5096. There needs to be an educational process to teach the people what is recyclable. Mr. Milo Stanko, 4091 Myra Avenue, Cypress, stated he agreed with the proposed automated recycling system and believed it to be astate-of-the-art system that will help to provide service at a reasonable cost on a long-term basis without undue injuries to the Briggeman employees and he would like to see it instituted in the City of Cypress. Mayor Bowman asked if anyone would like to speak in opposition to the project. Mr. Charles Ellis, 4641 Ashbury Avenue, Cypress, stated he approved of recycling but there are families in Cypress that are already recycling. He also stated there should be no increase in cost because the disposal company is making money off the recycables. Ms. Jane Wozniak, 4480 Avenida Granda, Cypress, expressed her support of recycling and M she has been doing it since the 1970. Mr. Gonzales, 6691 Reefton Avenue, Cypress, expressed his dislike of the trash bin and he did not want to pay to modify Briggeman trucks. His choice would be to put people to work separating trash under the materials recovery proposal. He stated he would rather pay an extra amount each month and leave the trash collection as it is. Mr. Frank Stella, 9309 Esther Street, Cypress, spoke against the automated trash bins and wanted to continue using his own trash cans. Ms. June Jones, Halawa Lane, Cypress, stated she felt recycling was important. She suggested that young people and people with limited education be employed to sort recyclable items and felt that the expensive trash containers were not needed. Mr. Howard Kroege, 6634 Teakwood Street, Cypress, commented that he has been recycling for years and feels the residents are paying too much for trash. He is very much opposed to the proposed plans. Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, objected to the looks of the proposed trash bins. Mayor Bowman asked if there was a cost breakdown if the citizens used their own trash cans and sorted their own trash. ` Mr. Briggeman answered that the same sorting fee would be charged at the transfer station but with the automated system, the cost of the containers is far less than for additional labor with the present system. At this time, the refuse fee and the water are billed together and there is no exemption if someone is out of town. Councilmember Kerry suggested that a program be started as soon as possible but the question is which plan does the City use. Mr. Briggeman advised they have had success with the two container system and the residents feel a sense of participation with that plan. 7 CITY COUNCIL MINUTES March 25, 1991 ,2 Mayor Bowman requested costs on how much it would cost the public if they used their own trash cans and put the recyclables in one of those cans. Responding to Councilmember Kerry, Mr. Briggeman provided information on the recycling programs that various Orange County cities have adopted. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to continue this item to the April 8, 1991 Council meeting so Mr. Briggeman can provide the requested information. Mayor Bowman stated that all the costs and options should be made available and then a decision made. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age RECESS: Mayor Bowman recessed the Council meeting at 10:10 p.m. and reconvened the meeting at 10:17 p.m. with all Councilmembers present, except Councilmember Age. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-6, RESTAURANT WITH ONSITE SALE OF GENERAL ALCOHOL 6197 BALL ROAD: Mayor Bowman opened the public hearing. The Planning Director summarized the staff report dated March 18, 1991, which represented a request to operate a restaurant with the onsite sale of general alcohol. Concurrently, the applicant is requesting approval of a Live Entertainment permit. According to the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Staff's concern was possible late night noise impact on surrounding properties as there has been some disturbances with establishments in the past. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius. To date, staff has received no comments on this application. Mr. Tony Fonte, Buena Park, representing the applicant Yoshiko Horio, stated that the applicant has operated the Meadowlark Country Club Lounge and Restaurant in the City of Huntington Beach for the last 10 years. He presented a letter from an organization called F.L.I.R.T. for the record, advised that there has been a change of management in the retail center and he then introduced the applicant. Responding to Councilmember Nicholson, Ms. Yoshiko Horio, Villa Park, stated she was aware of the problems with the previous tenant and they will put forth their best effort to eliminate any noise or other problems. She explained what kind of entertainment and restaurant she proposed to have. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. No one wished to do so. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality and approve Conditional Use Permit No. 91-6, subject to the conditions attached to the staff report. Councilmember Kerry noted Condition No. 9 states that the City Council maintains the right to monitor the operation of the restaurant, and may limit the business hours, add additional conditions or revoke the permit should substantiated complaints be received. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT -MEADOWLARK RESTAURANT & LOUNGE, 6197 BALL ROAD, CYPRESS: Mayor Bowman opened the hearing. The City Manager summarized the staff report dated march 19, 1991, which indicated that an application has been submitted for a Live Entertainment Permit by Ms. Yoshiko Horio, D.B.A. Meadowlark Restaurant & Lounge, 6197 Ball Road, Cypress, to allow 6-8 piece Jazz or Blues Bands and/or a D.J. and comedian to entertain at the premise on Sunday -Saturday, from 1:00 p.m. to 2:00 a.m. He asked for clarification in that the actual application differed from the Police report which indicated that the applicant was requesting a 16 piece band. The other question was the hours of entertainment ending the same time the restaurant closed. The Affidavits of Posting, Publication and Mailing of the Public Hearing Notices on this matter are on file in the Office of the City Clerk and, as of this date, no written communications either in favor or in opposition to the requested permit have been received. The Police Report does not find cause to protest the application. The Council has previously established the condition for all live entertainment permits that they reserve the right to reconsider the granting of the entertainment permit in the event the 8 r` CITY COUNCIL MINUTES March 25, 1991 noise or other problems associated with the operation at the premise rises to a level which is of concern to the neighbors. The Council may impose any other conditions which they feel are required under the provisions of this Section. Mr. Tony Fonte explained that the number of pieces in the band does not cause the noise, it is the speakers which cause reverberation. Ms. Horio clarified that she was requesting up to a 16 piece band to play occasionally. Councilmember Kerry asked the applicant if she would amend the hours of entertainment from 1:00 p.m, to 2:00 a.m. to 1:00 p.m. to 1:30 a.m. and Ms. Horio concurred. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Kerry and seconded by Councilmember Partin to conditionally approve the permit and amend the hours of entertainment from 1:00 p.m. to 1:30 a.m. and noted that they reserve the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premise rises to a level which is of concern to the neighbors. The Council may impose any other conditions which they feel are required under the provisions of this Section: The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT -VIA MARIA RESTAURANT, 9939 WALKER STREET: The public hearing was opened by Mayor Bowman. The City Manager presented the staff report dated March 19, 1991, which indicated that an application had been submitted for a Live Entertainment Permit by Mr. Luke R. Webster of F.C.R., Inc., D.B.A. Via Maria Restaurant, 9939 Walker Street, Cypress, to allow a 4 to 5 member band and periodic special shows, such as Gong, Lipsync and Sing-a-longs, to entertain at the premise, daily from 9:00 p.m. to 1:30 a.m. The Affidavits of Posting, Publication and Mailing of the Public Hearing Notices on this matter are on file in the Office of the City Clerk and a communication has been received from Mr. and Mrs. Frederick Manuel who live adjacent to the Via Maria Restaurant on Barcelona Lane. The Police Department has completed an investigation of the applicant and the proposed type of entertainment and has found no basis to protest the application. However, the days of operation have been amended to Thursday through Sunday instead of daily and clarification is needed from the applicant. The Council has previously established the condition for all live entertainment permits that they reserve the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premise rises to a level which is of concern to the neighbors. Council may impose any other conditions which they feel are required under the provisions of this Section. Mr. Luke R. Webster, 8677 Windsor Circle, La Palma, clarified that he is requesting the permit be granted from 9:00 p.m. to 1:30 a.m. seven days a week. He stated he was aware of the previous complaints from the neighbors as far as laughing, noise and music from the parking lot and he will curtail those problems. It was also clarified that the original application had the name "Luke R. Manager" typed on it and it should be "Luke R. Webster." Responding to Councilmember Kerry, Mr. Webster stated that there are some options he could and would use to monitor the noise problem that might be created by some of the employees and in dumping trash. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to close the public hearing, amend the days of entertainment to daily from 9:00 p.m. to 1:30 a.m., conditionally approve the permit, noting that Council has previously established the condition for all live entertainment permits that they reserve the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premise rises to a level which is of concern to the neighbors. Council may impose any other conditions which they feel are required under the provisions of this Section. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age 9 CITY COUNCIL MINUTES March 25, 1991 ~~o'( March 13, 1991, which indicated that as of February 1, 1991, the Metropolitan Water District of Southern California has mandated that all water agencies reduce their water purchases by 1096 for February 1991, 2096 for March 1991 and, by April 1991, the reduction level could increase to 3096 or higher. The City of Cypress' water purveyor, Southern California Water Company, will be impacted by these reductions. The Southern California Water Company has requested that the Council adopt a Resolution to encourage Cypress residents and businesses to voluntarily reduce water usage. Mr. Art Gomez, District Manager, and Mr. Leroy Barker, Division Manager, Southern California Water Company, responding to questions from the Council, answered that there is only a penalty if water usage is in excess of the allotment and, at the present time, they are not in excess of the allotment so there will be no additional charge at this time. Responding to the City Attorney, Mr. Barker advised that it would not make any difference if the City Council adopted a Resolution rather than an Ordinance. They are asking for everybody's help in regard to conservation. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows, instituting a program of voluntary water conversation in the City of Cypress. RESOLUTION NO. 3917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A PROGRAM OF VOLUNTARY WATER CONSERVATION TO REDUCE WATER CONSUMPTION BY TWENTY PERCENT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONTINUATION OF CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 91-I, CONSTRUCTION OF A COMMERCIAL BUILDING, 5331 LINCOLN AVENUE: The City Manager presented the staff report dated March 13, 1991, which indicated that this item was continued due to the fact the City Council did not receive copies of the plans for the proposed development. The application did represent a request to construct an electric appliance store at 5331 Lincoln Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. It was moved by Councilmember Partin and seconded by Councilmember Kerry to certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Design Review Committee No. 91-1, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 91-3, EXISTING FREESTANDING SIGN AND CONTINUATION OF CONSIDERATION OF REMOVAL OF STREET TREE, DAIRY QUEEN (FORMER PIONEER CHICKEN), 9951 WALKER: The staff report dated March 7, 1991 indicated that this item was continued from the City Council meeting of February 11, 1991 when the Council instructed staff to resolve the signage issue of the proposed Dairy Queen. Upon staff's research, it was concluded that all the necessary design approvals and permits were obtained for the construction and installation of the freestanding sign. Due to a misunderstanding, the tree located in the public right-of-way was removed which allows the applicant of the proposed Dairy Queen to utilize the freestanding sign with minimum alterations. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to receive and file Design Review Committee No. 91-3 for the alteration of an existing sign subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AMENDING CYPRESS CITY CODE SECTION 17-40 PROHIBITING THE PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES AND ADDING CYPRESS CITY CODE SECTION 17-55, PROHIBITING PUBLIC URINATION AND DEFECATION FOR HEALTH AND SAFETY REASONS: The staff report dated 11 - ~ S~t/ ` ~ ~p/CITY COUNCIL MINUTES March 25, 1991 s t~ March 13, 1991, which indicated that as of February 1, 1991, the Metropolitan Water District of Southern California has mandated that all water agencies reduce their water purchases by 1096 for February 1991, 2096 for March 1991 and, by April 1991, the reduction level could increase to 3096 or higher. The City of Cypress' water purveyor, Southern California Water Company, will be impacted by these reductions. The Southern California Water Company has requested that the Council adopt a Resolution to encourage Cypress residents and businesses to voluntarily reduce water usage. Mr. Art Gomez, District Manager, and Mr. Leroy Barker, Division Manager, Southern California Water Company, responding to questions from the Council, answered that there is only a penalty if water usage is in excess of the allotment and, at the present time, they are not in excess of the allotment so there will be no additional charge at this time. Responding to the City Attorney, Mr. Barker advised that it would not make any difference if the City Council adopted a Resolution rather than an Ordinance. They are asking for everybody's help in regard to conservation. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows, instituting a program of voluntary water conversation in the City of Cypress. RESOLUTION NO. 3917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A PROGRAM OF VOLUNTARY WATER CONSERVATION TO REDUCE WATER CONSUMPTION BY TWENTY PERCENT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONTINUATION OF CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 91-1 CONSTRUCTION OF A COMMERCIAL BUILDING, 5331 LINCOLN AVENUE: The City Manager presented the staff report dated March 13, 1991, which indicated that this item was continued due to the fact the City Council did not receive copies of the plans for the proposed development. The application did represent a request to construct an electric appliance store at 5331 Lincoln Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. It was moved by Councilmember Partin and seconded by Councilmember Kerry to certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Design Review Committee No. 91-1, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 91-3, EXISTING FREESTANDING SIGN AND CONTINUATION OF CONSIDERATION OF REMOVAL OF STREET TREE, DAIRY QUEEN (FORMER PIONEER CHICKEN), 9951 WALKER: The staff report dated March 7, 1991 indicated that this item was continued from the City Council meeting of February 11, 1991 when the Council instructed staff to resolve the signage issue of the proposed Dairy Queen. Upon staff's research, it was concluded that all the necessary design approvals and permits were obtained for the construction and installation of the freestanding sign. Due to a misunderstanding, the tree located in the public right-of-way was removed which allows the applicant of the proposed Dairy Queen to utilize the freestanding sign with minimum alterations. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to receive and file Design Review Committee No. 91-3 for the alteration of an existing sign subject to conditions. The motion unanimously carried by the following roll call vote:. AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AMENDING CYPRESS CITY CODE SECTION 17-40 PROHIBITING THE PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES AND ADDING CYPRESS CITY CODE SECTION 17-55, PROHIBITING PUBLIC URINATION AND DEFECATION FOR HEALTH AND SAFETY REASONS: The staff report dated 11 3 - zip,"' "ijCITY COUNCIL MINUTES March 25, 1991 . . March 14, 1991, indicated the proposed Ordinance amends the City Code section relating to the consumption of alcoholic beverages in public places by expanding the list of specific areas and locations where the consumption of alcoholic beverages will be unlawful. The Ordinance also addresses the problem of the increasing number of incidents involving urinating and defecating in public or public view. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to approve the first reading of the Ordinance by title only, title as follows, amending Section 1740 and adding Section 17-55 to the Cypress City Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 17-40 OF THE CODE OF THE CITY OF CYPRESS TO PROHIBIT THE PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES AND ADDING SECTION 17-55 TO THE CODE OF THE CITY OF CYPRESS TO PROHIBIT PUBLIC URINATION AND DEFECATION FOR HEALTH AND SAFETY REASONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF TOP MANAGEMENT SALARY RANGES: The staff report dated March 15, 1991, indicated that the salary ranges for top management positions will be increased by a cost of living increase, effective December 24, 1990 and an equity increase effective June 24, 1991. It was moved by Councilmember Partin and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, establishing salary ranges for the Top Management positions. RESOLUTION NO. 3918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY OF THE CITY OF CYPRESS, ESTABLISHING SALARY RANGES FOR THE TOP MANAGEMENT POSITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF MEMORANDUM OF UNDERSTANDING -MID-MANAGEMENT ASSOCIATION (1990/91): The staff report dated March 19, 1991, indicated that agreement had been reached for a one year Memorandum of Understanding with the Mid- Management Employees' Association with the salary ranges to be increased by a cost of living increase effective December 24, 1990 and an equity increase for some classifications effective June 24, 1991. It was moved by Councilmember Partin and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, ratifying the Memorandum of Understanding between the City and the Mid-Management Employees' Association. RESOLUTION NO. 3919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MID-MANAGEMENT EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 44078 - 44292: It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve the Warrants Nos. 44078 through 44292 in the amount of $703,518.54. The motion unanimously carried by the following roll call vote: 12 CITY COUNCIL MINUTES March 25, 1991 , , , AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 12:10 a.m. to 5:00 p.m., Monday, April 8, 1991 in the Administrative Conference Room. ATTEST: ~ l' i _ 13