Minutes 91-04-08 ~i/
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
April 8, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:09 p.m.,
Monday, April 8, 1991, in the Administrative Conference Room, City Hall, 5275 Orange
Avenue, Cypress, by Mayor Walter Bowman
PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson
and staff members Bacock, DeCarlo, Eynon, Hill and Wicker.
WORKSHOP SESSION:
Consideration of Texaco/Chestnut Park Kids Corner Building Project. Marvin DeCarlo,
Director of Recreation & Parks District, advised the Council of the proposed plans for
Texaco Chestnut Park and the Kids' Corner pre-school program. He explained that the
proposed plans include a modular building of 1,000 square feet to be built next to the
existing building. A parking lot will be created with enough space to drive in and out to
drop children off and will consume about 1/8 of the existing park.
Councilmember Kerry expressed concern about the large amount of the park to be used
for a parking lot and she stated that the real problem was the lack of a walkway through
the park.
Councilmember Partin mentioned that once the Kids' Corner program is on a paying basis,
would the building be needed.
Mayor Bowman stated that he did not have a problem with the building but with the
parking lot.
After some discussion, the Acting Public Works Director suggested this item be continued
to the meeting of April 22 and, in the meantime, he will talk to the contractor to
determine if he would be willing to construct only the building and not the parking lot.
Consideration of General Plan Update. The Planning Director introduced Dale Beland
and Karen Warner of Cotton/Beland/Associates, Inc., who were present to discuss the
General Plan concepts for the Lincoln Avenue corridor. Mr. Beland stated that the focus
of discussion was to report where they are and to receive confirmation on the policy
direction for the Lincoln Avenue corridor. Karen Warner explained the process
undertaken to arrive at the concepts displayed on the corridor concepts display map.
Some of the recommendations were: encourage the creation of special development
activity nodes, establish target areas at the eastern and western gateways to Cypress,
revise "heavy commercial" to "general and neighborhood commercial," and add a "Lincoln
Avenue Corridor Overlay" to the land use plan.
There will be a Lincoln Avenue workshop and City staff is working with the Chamber of
Commerce to advertise the workshop, which has been scheduled for April 24, at 4:30 p.m.
in the Council Chamber.
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 5:50 p.m. with all
Councilmembers present and staff members Bacock, DeCarlo, Eynon, Hill, Storey and
Wicker also present.
Ceremony in Memory of the Victims of the Holocaust - Mr. Alvin Weinberg: Mr. Alvin
Weinberg led the annual commemorative service to observe the Days of Remembrance of
the Victims of the Holocaust during World War II. Mr. Weinberg stated that the U.S.
Holocaust Memorial Council was established in 1980 by Congress and was given a
mandate to create and oversee a memorial museum to the Holocaust victims. Mr.
_ Weinberg read an article in the Heritage newspaper written by Gene Galvan who was a
survivor of the Auschwitz concentration camp, revisited Auschwitz and wrote of his
impressions and memories.
Those members of the Community who participated in a candle lighting ceremony in
memory of those that lost their lives in the Holocaust were: Leo Friedland, Al Tolkin,
Morrie Spatz, Bruce Robbins and Claire and Alvin Weinberg.
Mayor Bowman read and presented a Proclamation from the City Council declaring the
week of April 7 through 13, 1991 as the Days of Remembrance of the Victims of the
Holocaust.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
City Council Minutes April 8, 1991
CONSIDERATION OF AWARD OF CONTRACT FOR THE MULTI-USE RECREATION
BUILDING AND PARKING LOT AT TEXACO/CHESTNUT PARK, PUBLIC WORKS
PROJECT NO. 9024: The staff report dated March 27, 1991, indicated that six bids were
received for the construction of the Multi-Use Recreation Building and Parking Lot at
Texaco/Chestnut Park. This item was discussed during a workshop session earlier in the
meeting and, as a result of those discussions, this item will be continued.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
continue this item to April 22. 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 AWARD OF CONTRACT FOR THE REHABILITATION OF
CRESCENT AVENUE (FROM 130' EAST OF CAROB STREET TO 65' EAST OF
SOUTHERN PACIFIC RAILROAD), OCUTT CY-91-07, PUBLIC WORKS PROJECT NO.
9102: As indicated in the staff report dated March 28, 1991, ten bids were received for
the rehabilitation of Crescent Street. Approximately 5096 of the contract cost of this
project, $154,442.39, is funded by a competitive grant through the Orange County Unified
Transportation Trust Fund.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to
determine the lowest responsible bidder for the Public Works Project No. 9102 to be R. J.
Noble Company; and award a contract for the rehabilitation of Crescent Avenue (from
130' east of Carob Street to 65' east of Southern Pacific Railroad) to R. J. Noble
Company, 15505 E. Lincoln Avenue, Orange, CA 92666, in the amount of $154,442.39. 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
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. 21, Consideration of Modification of
Cypress Corporate Center Landscape Maintenance District No. 1 for the Landscaped Berm
on the North Side of the Stanton Channel, City of Cypress Project No 8615-90, be
removed for additional discussion. Mayor Bowman asked that Items No. 24 and 27,
Consideration of the Single-Family Residential Mortgage Revenue Bonds Financial Report
for the Fiscal Year Ended June 30, 1990 and Consideration of Positions on Pending State
Legislation, respectively, be discussed further.
It was moved by Councilmember Age and seconded by Councilmember Partin to approve
the Consent Calendar Items No. 3 through 27, with the exception of Items No. 21, 24 and
27. 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
Item No. 3: Consideration of Approval of City Council Minutes of the Regular Meeting
of March 25, 1991.
Recommendation: That the City Council approve the Minutes of March 25, 1991 as
submitted with Council Member Age abstaining due to her absence.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of Resolution Commending Boy Scout Ivan Kiathong Oei on
Attaining the Rank of Eagle Scout.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Boy Scout Ivan Kiathong Oei on attaining the rank of Eagle Scout.
RESOLUTION NO. 3920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT IVAN KIATHONG OEI ON ATTAINING THE
RANK OF EAGLE SCOUT.
Item No. 6: Consideration of Contract Change Order No. 1 to the Heater Remix and
Rehabilitation of Various Streets Contract, Public Works Project No. 8947.
Recommendation: Receive and file.
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Item No. 7: Consideration of Authorization for the Assistant City Manager and the Risk
Manager to Attend the 12th Annual Conference of the Public Risk & Insurance
Management Association (PRIMA).
Recommendation: That the City Council authorize the attendance of David Barrett,
Assistant City Manager, and Lauren Ferrell, Risk Manager, to the 12th Annual
Conference of the Public Risk 8c Insurance Management Association (PRIMA), to be held
on May 12-15, 1991, in Atlanta, Georgia, and be reimbursed for all actual and necessary
expenses incurred.
- - Item No. 8: Consideration of Proclaiming the Week of April 14-20, 1991, as
"Telecommunicators Week".
Recommendation: That the Mayor and City council officially proclaim the week of April
14-20, 1991, as "Telecommunicators Week" in the City of Cypress.
Item No. 9: Consideration of an Ordinance Amending Section 15A-13 of Ordinance No.
455 by Adding Subsection (a) Relating to Collection of Health Services Fees in Regards to
Inspection of Massage Establishments.
Recommendation: That the City Council approve the first reading of the Ordinance by
title only, title as follows, amending Section 15A-13 of Ordinance No. 455 by adding
Subsection (a) relating to collection of health services fees for inspection of massage
establishments in the City.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 15A-13 OF ORDINANCE NO. 455 BY ADDING
SUBSECTION (A) RELATING TO COLLECTION OF HEALTH SERVICES FEES
FOR INSPECTION OF MASSAGE ESTABLISHMENTS IN THE CITY OF
CYPRESS.
Item No. 10: Consideration of Contract Change Order No. 1 to the Award of Contract for
Furnishing and Installing a Flagpole at Veterans Park.
Recommendation: Receive and file.
Item No. 11: Consideration of Proclaiming April 14-20, 1991, as "American Home Week".
Recommendation: That the Mayor and City Council officially proclaim April 14-20, 1991,
as "American Home Week" in the City of Cypress.
Item No. 12: Consideration of Contract Change Order No. I to the Katella Avenue
Traffic Signal Coordination Contract, Public Works Project No. 8936.
Recommendation: That the City Council approve Contract Change Order No. 1 to the
Katella Avenue Traffic Signal Coordination Contract, Public Works Project No. 8936, in
the amount of $9,725, to provide for the development and implementation of traffic
coordination plans for Valley View Street to be compatible with the new Katella Avenue
traffic signal coordination.
Item No. 13: Consideration of Proclaiming May 5-11, 1991, as "Hire-a-Veteran Week".
Recommendation: That the Mayor and City Council officially proclaim the week of May
5-I 1, 1991, as "Hire-a-Veteran Week" in the City of Cypress.
Item No. 14: Consideration of Legislative Report - AB 2092 Six Month Planning
Extension for Integrated Waste Management Plans.
Recommendation: That the City Council direct staff to prepare a letter for the Mayor's
signature supporting AB 2092.
Item No. 15: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Daryoosh Akasheh and Soroor B. Tehrani, D.B.A. Cypress Beverage & Liquor,
5531 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 16: Consideration of Design Review Committee's Approval of DRC #91-5.
Recommendation: Receive and file.
Item No. 17: Consideration of the Single Audit Report for the Fiscal Year Ended June
30, l 990.
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Recommendation: Receive and file.
Item No. 18: Consideration of Modification to City Manager's Employment Contract.
Recommendation: That the City Council approve the amended contract for the City
Manager.
Item No. 19: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Yoshiko Horio, President/Director of the Meadowlark Enterprises, DBA
Meadowlark Restaurant & Lounge, 6197 Ball Road, Cypress.
Recommendation: Receive and file.
Item No. 20: Consideration of Common Traffic Signal Maintenance Agreement Between
the City of Cypress and the City of Los Alamitos.
Recommendation: That the City Council: 1) Accept the Common Traffic Signal
Agreement between the Cities of Cypress and Los Alamitos; and 2) Authorize the Mayor
to execute the Agreement and the City Clerk to attest.
Item No. 22: Consideration of the Donation of Chairs to the Chamber of Commerce.
Recommendation: That the City Council approve the donation of seven (7) executive
chairs (City ID Nos. 510-516) to the Chamber of Commerce.
Item No. 23: Consideration of Approval of Payment to Sanitation District No. 3 of
Orange County for the Rehabilitation of Eight (8) City Manholes, City of Cypress Project
No. 8600.
Recommendation: That the City Council: 1) Authorize the appropriation of $24,933.00
from the unappropriated Sewer Fund balance to Account No. 4188-41-463-24; and 2)
Approve payment of $24,933.00 to Sanitation District No. 3 of Orange County for the
rehabilitation of eight (8) City manholes.
Item No. 25: Consideration of Amendment No. 2 to the 1990 Housing Element Contract
Addendum With Cotton Beland Associates.
Recommendation: That the City Council appropriate funds from the fund balance in the
General Fund to Account No. 4189-11-191-01, in the amount of $5,400.
Item No. 26: Consideration of Proclaiming May 4, 1991, as "Loyalty Day".
Recommendation: That the Mayor and City Council officially proclaim May 4, 1991, as
"Loyalty Day" in the City of Cypress.
Item No. 27A: Consideration of Proclaiming April 1991, as "Federation Month" Requested
by The Woman's Club of Cypress.
Recommendation: That the Mayor and City Council officially proclaim the month of
April 1991, as "Federation Month" as requested by The Woman's Club of Cypress.
Item No. 27B: Consideration of Renewal of Non-Exclusive Taxicab Franchise -Yellow
Cab Company.
Recommendation: That the City Council authorize aone-year renewal of the non-
exclusive Taxicab Franchise issued to the Yellow Cab Company, to expire on March 23,
1992.
Item No. 27C: Consideration of Proclaiming April 1991, as "Earthquake Preparedness
Month."
Recommendation: That the City Council officially proclaim April 1991, as "Earthquake
Preparedness Month" in the City of Cypress.
END OF CONSENT CALENDAR
Regarding Consideration of Modification of Cypress Corporate Center Landscape
Maintenance District No. 1 for the Landscaped Berm on the North Side of the Stanton
Channel, Councilmember Kerry asked if it might be advisable to bid this job since
additional land has been added to the area. The Acting Public Works Director
recommended that bids be obtained next year after the Harvey development has been
completed.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, ordering the City Engineer to prepare
a report concerning modification of Cypress Corporate Center Landscape Maintenance
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District No. 1 for the maintenance of the landscaping and irrigation system on the berm
on the north side of the Stanton Channel.
RESOLUTION NO. 3921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ORDERING THE PREPARATION OF A REPORT IN CONNECTION WITH THE
MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE
MAINTENANCE DISTRICT NO. L
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
In regard to the Single-Family Residential Mortgage Revenue Bonds Financial Report,
Mayor Bowman asked in which fund was the $769,576.00. The Finance Director
responded that money was placed into the General Fund approximately a year ago.
Regarding Item No. 27, Consideration of Positions on Pending State Legislation, Mayor
Bowman stated he didn't have any problem supporting Senator Green's bill SB 61
provided it is amended to clarify that the $2.00 assessment fee be in addition to current
fines and also add provisions which would eliminate the property tax administration
charges.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
receive and file the Single-Family Residential Mortgage Revenue Bonds Financial Report
and support SB 61 (Green) if amended and in opposition to SB 27 (Kopp) as outlined in
the report and authorize the Mayor to send letters to the appropriate State officials
indicating the City's concerns. 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
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, approving CUP No. 90-17.
RESOLUTION NO. 3922
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90-17 WITH CONDITIONS
(GASOLINE STATION, CAR WASH, AND MINI-MARKET WITH SALE OF
OFFSITE BEER & WINE, 6000 CERRITOS AVENUE).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, approving CUP No. 91-6.
RESOLUTION NO. 3923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-6 -WITH CONDITIONS
(RESTAURANT WITH ONSITE SALE OF GENERAL ALCOHOL, 6197 BALL
ROAD).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
order the following Ordinance read by title only, title as follows and to adopt the
Ordinance amending Section 17-40 and adding Section 17-55 to the City Code.
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ORDINANCE NO. 862
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 carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None -
ABSTAINED: 1 COUNCILMEMBERS: Age
CLOSED SESSION: Mayor Bowman recessed the meeting at 6:35 p.m. to enable the
Council to enter a Closed Session for personnel and/or litigation matters. The meeting
reconvened at 7:35 p.m. with all Councilmembers present and staff members Bacock,
Barrett, DeCarlo, Eynon, Hill, Storey and Wicker also present.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Age.
The City Manager stated that the Council did enter a workshop session at 5:00 p.m. to
discuss the Design Concept for the Kids Corner building project at Texaco/Chestnut Park
and heard a report from consultants on the General Plan Update as it concerns Lincoln
Avenue. He then summarized the actions taken by Council during the 5:30 p.m. portion
of the Council meeting.
The City Attorney outlined discussions held- during closed session on three items of
litigation: settlement between the City of Cypress and the County of Orange over the
collection of delinquent penalties; reviewed the Settlement Agreement terms with Cypress
Development Property and Pacific Bell vs. County of Orange for property tax refund.
ORAL COMMUNICATIONS: For Matters Not On the 7:30 P.M. Agenda. Mr. Gene Andre,
property owner at 8721 Belmont Street, Cypress, advised the Council of recent occurrences
in the Cypress Acres area. They are experiencing an increased amount of graffiti and
juvenile activity in the area and small children playing in the middle of the street. He
asked for more Police presence in the area and help in organizing the Community to
squelch things before they start. The Police Chief stated that they are well aware of the
problem in that area and will be addressing it.
Responding to Councilmember Nicholson on what the citizens should do if they see
graffiti, the Police Chief answered that they would appreciate a telephone call to the
Communications Center.
Mayor Bowman remarked that he felt the City of Cypress was very fortunate to have an
excellent Police Department.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, stated he has worked with the Cypress
Police Department and his neighborhood thinks they are fabulous.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No
one wished to speak.
Presentations:
Status Report on the Rabbits Living in the Cypress Nature Park by Ms. Jean Sleeper of
the Kinship with All Life Foundation.
Mayor Bowman stated that Ms. Sleeper would be giving an oral presentation and he
moved Item No. 33, CONTINUATION OF CONSIDERATION OF STATUS REPORT ON n
RABBITS LIVING IN THE CYPRESS NATURE PARK to be discussed at the same time.
Ms. Sleeper reported that the Foundation has handled 111 rabbits at the Park: 68 have
been spayed or neutered, 13 euthanized, 52 adopted out and 46 rereleased. She estimated
that there are 20 adults that have not been caught, rabbits keep being dumped and about
25 babies have been born at the Park. The Council needs to be aware that the herd is
under control now, but it needs to be monitored on a regular basis to prevent recurring
problems. She commented that a decision needed to be made in the near future about
what to do with new rabbits. She reported that she suspected something is happening
there at night because of some of the rabbit injuries that have occurred. Her time with
the rabbits has come to an end and she found a replacement but he had a problem with
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some of the City personnel and she wasn't sure if he will want to continue to work with
the rabbits. Ms. Sleeper stated that the entire problem with the rabbits is a lack of
responsibility on the part of individuals and perhaps new rabbits should be picked up and
turned into the animal control. She thanked Jan McConnell and Sue Moody who helped
with the placement of the rabbits and commended Dr. Hardison and his staff.
The Police Chief reported that individuals have been arrested in the Park with rabbits in
their custody. -
Councilmember Partin stated that the rabbits abandoned in the Nature Park are
domesticated rabbits and cannot live in the wild. He did not believe that this facility
should be maintained.
Councilmember Nicholson thanked Ms. Sleeper and asked if the ladies would be willing to
continue to help. Ms. Sleeper responded that she believed they would be willing but the
program needs to be organized. Rabbit placement is not an easy thing to accomplish and
many questions need to be addressed.
Mayor Bowman asked if the Council wished to discuss this item further in 30 days and
then make a definite decision. Ms. Sleeper advised that someone knowledgeable about
rabbits is needed to take care of the sick and pick up the rabbits not neutered or spayed.
Councilmember Nicholson stated she was for the rabbits but if Ms. Sleeper indicates the
City can't continue, then something will have to be done with the new rabbits and the
guinea pigs.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated she had met with Ms. Sleeper,
was willing to care for sick rabbits but was never contacted. She has been willing to help
and would be willing to help now.
Mayor Bowman commented that the Park is not conducive to rabbits and he was in favor
of shutting down the entire operation and draw attention to the penalties for violation of
the penal code for dumping animals.
Councilmember Kerry remarked that there are problems with unauthorized activity in the
Nature Park. She also remarked that the rabbits that are there now should stay there
because a lot of time and effort has been spent on them. People have to be kept out of
the Nature Park and must be made aware of the consequences of dumping animals in the
Park.
Councilmember Age stated that the rabbits that have been spayed or neutered should stay,
she would like to see the adoption program continued to keep the population down but
any new animals will be caught and Animal Control called.
Mr. Ted Hill, 10001 St. Vincent Cr., Cypress, volunteered to help with the rabbits and
patrol the Park at night.
After some discussion on barbed wire, it was moved by Councilmember Age and seconded
by Councilmember to contact the Orange County Animal Control Department and have
City staff, along with citizen volunteers, catch the rabbits that are not tattooed and get
rid of them; and to adopt the Resolution by title only, title as follows, commending Jean
Sleeper.
RESOLUTION NO. 3924
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING JEAN SLEEPER OF THE KINSHIP WITH ALL LIFE
FOUNDATION FOR HER OUTSTANDING SERVICE TO THE CITY OF
CYPRESS.
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
The Acting Public Works suggested that three additional Resolutions commending Dr.
Hardison, Ms. Moody and Ms. McConnell for their efforts be prepared for the next
meeting. Mayor Bowman concurred and asked that perhaps Ms. Sleeper would be present
at a future meeting to formally receive her Resolution.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: RESIDENTIAL
RECYCLING PROGRAMS: Mayor Bowman opened the public hearing. The City
Manager requested staff member Jamie Herbon to present the report dated March 29,
1991, which indicated that four residential recycling programs had been presented for
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Council consideration. The programs are two curbside co-mingled collections and two
materials recovery systems, two methods using the residents trash cans and the other two
using the containers provided by Briggeman Disposal. The bids were provided by
Briggeman Disposal, along with a short description, cost, advantages and disadvantages
for each of the four options. If the City chooses a recycling program which uses
automated containers, the Finance Director is recommending the City purchase the
containers through alease/purchase agreement.
Responding to Mayor Bowman on the low rate for curbside co-mingled collections using
the 100-gallon containers, the City Manager explained that the automation will save the
disposal company substantial dollars in insurance, labor and vehicle costs that are major
expenditures.
After some discussion, Ms. Herbon clarified that costs on trash to landfill was not
available on the curbside collection using residents' trash cans because, to staff's
knowledge, this type of program does not exist anywhere in the state and it didn't seem
appropriate to indicate a credit when the participation rate is unknown. All the waste
goes to the transfer station, the $5.00 per ton increase to sort that waste out is on the total
tonnage and there is no discount to the landfill.
Mr. Briggeman presented and explained a four minute video tape on automated trash
collection in the City of Villa Park.
Mr. Briggeman also explained the past increases in landfill gate fees, the expected
increase in July and the reasons for the increases. He stated that staff will be receiving a
monthly report from the disposal company showing exact revenues, tonnage, and the
makeup of the tonnage.
After additional discussion on costs, the City Manager explained that there will be three
increases: the recycling fee, the landfill gate fee and administrative cost to .develop a
Source Reduction Recycling Element Program.
Mr. Briggeman stated that there were two sizes of container available: 100 gallon and 64
gallon and there have been very few requests for the small-sized container.
Mayor Bowman asked people in the audience to voice their opinion on which program
they preferred. "
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, stated he did not have anything to recycle
and it looks like they are going to have to pay for if even if they don't use it. He asked "
if Senior Citizens would receive a discount.
Mayor Bowman stated that recycling has been mandated by law and the amount of trash
to the landfill has to be reduced 2596 by 1995. The public hearing is on which program
will be adopted, not whether or not we are going to have a recycling program.
Mr. Howard Kromer, 6634 Teakwood Street, Cypress, expressed his disfavor of the
mandatory recycling program because he has voluntarily recycled for many years. He
didn't believe that the City has enough information and asked if there were any other
options.
Ms. Darlene Maxie, 9882 Spruce Ct., Cypress, stated that she has been recycling for about
one year and 9096 of her trash is recycled.
Mr. Briggeman responded to questions and advised that approximately 80% of the
household trash is recyclable because the disposal company has access to buy back
programs that the homeowner does not.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated that she has been recycling for
years and was in favor of using her own trash cans.
Mr. Herb Miles, 5088 Cumberland Drive, Cypress, commented that he had been recycling
for years and didn't see the need for automated trash cans. He suggested advertising and
asked for voluntary recycling.
Councilmember Kerry remarked that most people are not going to participate in
something if they have to take their trash somewhere themselves. They want something
easy and picked up at their house. By state law, we must reduce trash by 25Mo and if it
could be done voluntarily, it would be the best solution.
Responding to Councilmember Age, Ms. Herbon explained that if positive steps are not
taken by cities to reduce waste by the dates the state has mandated, the penalties are
$10,000 per day.
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Mr. Miles asked that the trash pickup times be made later when the franchise agreement
is renegotiated.
Councilmember Age asked if the starting pickup hours could be changed with the advent
of the automated trucks.
Mr. Bud Givenrod, 9318 Christopher Street, Cypress, asked what would happen if he had
more recyclables than the trash can will hold and he would prefer to use his own trash
cans.
Councilmember Partin stated that the problem with the one container system or using
your own containers is by the time it is brought to the sorting station, all the paper goods
are worthless as recyclables.
Mr. Wayne Wells, 5293 Oxford Drive, Cypress, expressed concern about getting the 100-
gallon container through the gate to the sideyard and if he does have more trash than the
can will hold, what will he do with it.
Mr. Briggeman responded to additional questions and stated that Christmas trees will
continue to be picked up separately. At Christmas time most of the refuse is recyclable
and a memo is circulated prior to pickup.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to close
the public hearing, select the curbside co-mingled collection with two 100-gallon
containers at a cost of $.65 per house per month; direct Briggeman Disposal, Inc. to
proceed with this program; direct staff to proceed with the necessary financial
requirements of the program and report back to the City Council in June on the
recommended trash rate increase and the financing mechanism for the purchase of
containers, if necessary. Councilmember Age also asked that when staff returns to
Council in June that they provide a recommendation on later trash pickup times because
of the automated system. Councilmember Nicholson concurred. Mayor Bowman asked
about an anti-scavenging ordinance and the City Manager replied that will be provided at
that same meeting. Mayor Bowman commented that with this system, the community will
be involved in recycling and each household is going to have to separate their recyclables.
As he talked to people in the community, almost 10096 were in favor of the two can
system and he will support the motion. Councilmember Kerry concurred with Mayor
Bowman and asked that a reduction in cost for senior citizens be considered in the future.
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 10:14 p.m. and reconvened at 10:23 p.m.
with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: TRAFFIC DEMAND MANAGEMENT
ORDINANCE: Mayor Bowman opened the public hearing. The City Manager called upon
the Acting Public Works Director to present the TEAM report dated April 2, 1991, which
indicated that in order to qualify for the new gas tax subventions, Congestion
Management Program legislation required every urbanized county in the state with a
population of 50,000 or more to prepare, adopt and implement a Congestion Management
Program. One of the requirements of the CMP legislation is the adoption of a
Transportation Demand Management Ordinance (TDM) by each participating city.
Adoption of the proposed ordinance will make the City eligible for new subventions
resulting from Proposition 111 and Transportation Measure M which are earmarked for
certain traffic mitigation projects in the City. Implementation of the CMP
Transportation Demand Ordinance will provide for a forum where federal, state and local
agencies, businesses, private groups and environmental interests can coordinate a planning
effort to help mitigate traffic in the area.
Responding to questions from Council on parking standards, the Planning Director
explained that the determination of parking requirements was made on the basis of how
many employees there are per type of use as specified in the Building Code, not
percentages and will not change the parking requirements on a square footage basis. The
City needed a base point as to how many employees per use and if they do not comply
with the County guidelines, they will be jeopardizing their funding. The model
ordinance also allows room for flexibility if needed.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
Ordinance. No one wished to speak.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
close the public hearing and approve the first reading of the Ordinance by title only, title
as follows, establishing a Trip Reduction Ordinance.
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City Council Minutes April 8, 1991
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A TRIP REDUCTION ORDINANCE AS PART OF A
TRANSPORTATION DEMAND MANAGEMENT -CONGESTION
MANAGEMENT PROGRAM, AND ADDING SECTIONS 16-100 TO 16-109 TO
THE CODE OF THE CITY OF CYPRESS.
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 DISCUSSION REGARDING CITY OF CYPRESS CO-HOSTING
THE "LOYALTY DAY" EVENT WITH THE CYPRESS VFW POST #9847: The City
Manager reviewed the staff report dated April 3, 1991, which described a request from
Mr. Joe Sheets, representing the Cypress VFW Post #9847, to co-host the "Loyalty Day"
event on May 4. The request asked that consideration also be given fora $750
contribution to help defray some of the costs involved.
It was moved by Councilmember Kerry and seconded by Councilmember Age to approve a
contribution of $750 for the "Loyalty Day" event. 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 SORRENTO-DENNI STREET PARKWAY LANDSCAPE PLANS:
The City Manager asked the Planning Director to present the staff report dated March 29,
1991, which indicated the City Council conducted a workshop with Cypress Homes, Inc.'s
landscape architect and, at the present time, the final working drawings for the Denni
Street Parkway are ready to be approved for installation. Since much of the existing
landscaping along Denni Street will be retained, the new landscaping will enhance, rather
than replace existing plant materials.
It was moved by Councilmember Kerry and seconded by Councilmember Age to receive
and file the Sorrento-Denni Street Parkway Landscape plans submitted by Frank
Radmacher Associates, Inc. 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 REMOVAL OF PARKWAY TREE AT 10011 ST. VINCENT
CIRCLE: The Acting Public Works Director presented the staff report dated March 28,
1991, which indicated that the removal of a neighbor's parkway tree was requested by Mr.
Ted Hill because it had raised the gutter, resulting in water standing in front of Mr.
Hill's home. Staff has inspected the site and found that a large Evergreen Elm had
overgrown the available parkway space and raised the surrounding concrete and the
property owner is in complete agreement that the tree needs to be removed.
It was moved by Councilmember Age and seconded by Councilmember Kerry to remove
the tree and make repairs to the surrounding concrete as necessary during the next
concrete/tree replacement contract. 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 PARTICIPATING AS A PATRON OF THE CYPRESS HIGH
SCHOOL'S "CENTURION" 1991 YEARBOOK: The City Manager presented the report
dated April 3, 1991, which described a request from the Cypress High School's "Centurion"
1991 Yearbook staff inviting the Council to participate as a patron for their yearbook for
a minimum contribution of $30. The City Council, in the past has authorized a
contribution of $100 for this purpose.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
authorize a contribution of $100 to participate as a patron for the Cypress High School's
yearbook. 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
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City Council Minutes April 8, 1991
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 44293- 44522: It was moved by Councilmember Partin and seconded by
Councilmember Age to approve the Warrants No. 44293 through 44522 in the amount of
$1,097,555.13. The motion unanimously carried by the following roll call vote:
AYE: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Recreation & Park District Matters:
CONSIDERATION OF NEW ACTIVITY CLASSES: The Recreation and Park District
Director presented the report dated March 26, 1991 which represented a request for
approval of three new programs: Summer Theatre in Solvang, Murder in Morocco and
Backstage at South Coast Repertory and Brunch.
It was moved by Councilmember Age and seconded by Councilmember Nicholson that the
City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District, approve the above listed new classes as recommended by the
Cypress Recreation and Community Services Commission. 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 OAK KNOLL PARK #3 FIELD DUGOUT RELOCATION
FACILITY DONATION AND DESIGN: The Recreation and Park Director summarized
the staff report dated March 26, 1991, which indicated that the Cypress PONY Baseball
Organization made a presentation before the Recreation and Community Services
Commission about the Oak Knoll Park Field #3 Dugout Relocation project. The project
would involve the reversing of location of the current dugout with the bleacher area on
both sides of Field #3 along with the addition of a south side field storage shed. The
estimated cost would be $10,000 and would use 5096 matching grant funds up to $5,000
from the Friends of Cypress Recreation and Parks, Inc. under the Community Group
Shared Grant Program with the remainder of funding/in-kind match coming from PONY
Baseball. The total project would be donated to the Cypress Recreation and Park District.
It was moved by Councilmember Partin and seconded by Councilmember Age that the
City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District: 1) accept this project donation with an estimated value of
$10,000 from both the Cypress PONY Baseball League and the Friends of Cypress
Recreation and Parks, Inc., on behalf of Cypress Recreation and Park District, for Oak
Knoll Park Field #3 Dugout Relocation; 2) approve the design, using materials of
standard baseball chain link fencing for the dugouts and backstop fence extension along
with masonry block for field storage; and 3) waive all permit fees. 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
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, asked how long the mound of dirt
would be sitting across the street from Avenida Granada. She stated that there are trucks
racing around on top of the mound and raising dust and dirt.
Mayor Bowman advised that he has had citizens contact him regarding the shopping
center at the corner of Ball and Holder where there appears to be quite a few abandoned
cars, mattresses and other debris.
ADJOURNMENT: Mayor Bowman recessed the meeting at 11:00 p.m. to April 22, 1991 at
4:30 p.m. in the Administrative Conference Room.
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