Minutes 91-04-22
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
April 22, 1991
The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m.,
Monday, April 22, 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, Acting Public Works Director
Jim Hill, Traffic Engineer Keith Carter and Police Captain Robert Krauss.
WORKSHOP SESSION: Joint Meeting with Cypress Traffic Commission.
A joint meeting was held between the City Council and the Cypress Traffic Commission.
The first item introduced for discussion was the opening of Holder Street and some
history was provided by Councilmember Partin on the question of opening Holder Street.
The money for the opening of the street and the bridge has been put aside in a special
fund, and it is a matter of when traffic becomes too heavy on Knott Avenue and Valley
View Street. RV parking on City streets was considered, various options and what other
cities have done were discussed. The third item for discussion on the joint agenda was
speeding on residential streets and it was reported by the Commission that, during the last
year, very few complaints had come before the Commission. There was some discussion
on the Cypress Acres area and the survey that will be taken there regarding one way
streets, no parking on one side of the street or no change. The last item was a response
from the Traffic Commission on major development projects with some discussion on
parking requirements.
RECESS: Mayor Bowman recessed the meeting at 5:31 p.m. to enable the Council to
reconvene in the Council Chamber. The meeting reconvened at 5:35 p.m with all
Councilmembers present and staff members Bacock, DeCarlo, Hill and Wicker also present.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda.
The City Manager stated that there has been a request from the Cypress Chamber of
Commerce to move Item No. 31, Consideration of Request for Advertising in the Cypress
Chamber of Commerce's 1991 Buyers Guide and Industrial Directory forward and Mayor
Bowman so ordered.
The staff report dated April 17, 1991, indicated that a similar request had been aproved
in 1988, in the amount of $3,995.
Mr. Ned Fox, Executive Director of the Cypress Chamber of Commerce, requested the
City Council's support and approval for the purchase of the front cover of the proposed
1991 Buyers Guide and Industrial Directory published by the Chamber.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to
approve the purchase of the front cover of the Cypress Chamber of Commerce's proposed
1991 Buyers Guide and Industrial Directory in the amount of $4,000. 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 AWARD OF CONTRACT FOR THE
MULTI-USE RECREATION BUILDING AND PARKING LOT AT
TEXACO/CHESTNUT PARK, PUBLIC WORKS PROJECT NO. 9024: The Acting Public
Works Director presented the staff reports dated March 26 and April 12, 1991, which
reported that six bids were received for the construction of the multi-use recreation ~
building and parking lot at Texaco/Chestnut Park. By deleting the parking lot, a cost
savings of $25,618.65 can be realized and open space conserved. The new contract amount .
would be $85,948.15 and the contractor has agreed to the new contract amount and to
construct the modular building with a sidewalk leading to the existing drive approach.
It was moved by Councilmember Kerry 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: 1) Authorize a contract change order which deletes bid
items 3, 4, 5, 6, 7, 8, 9, 10, 12 and 19; reduces bid item 1 by $5,000 and reduces bid item
18 by $500.00; 2) determine the lowest responsible bidder for Public Works Project No.
9024 to be Inland Asphalt & Coatings; and 3) award a contract for the Multi-Use
Recreation Building at Texaco/Chestnut Park to Inland Asphalt & Coatings, 1838-C West
CITY COUNCIL AGENDA April 22, 1991
11th Street, Upland, CA 91786, in the amount of $85,948.15. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: A COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF
SECURITY LIGHT AT PINEWOOD PARK, PUBLIC WORKS PROJECT_ NO. 9039: Nine
bids were received for the installation of a security light at Pinewood Park as outlined in
the staff report dated April 12, 1991.
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council, acting as the ex officio Governing Board of Directors for the Cypress
Recreation and Park District: 1) authorize the appropriation of $3,469.00 from the
Cypress Recreation and Park District General Fund to Account No. 4186-12-525-29; 2)
determine the lowest responsible bidder for Public Works Project No. 9039 to be National
Electrical Contractors, Inc; and 3) Award a contract for the Installation of Security Light
at Pinewood Park to National Electrical Contractors, Inc., 5461 Tampa Avenue, Tarzana,
CA 91356, in the amount of $3,469.00. 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
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
It was moved by Councilmember Age and seconded by Councilmember Kerry to approve
the Consent Calendar Items No. 3 through 23.
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 April 8, 1991.
Recommendation: That the City Council approve the Minutes of April 8, 1991, as
submitted.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of Proclaiming May 1991, as "Older Americans Month".
Recommendation: That the Mayor and City Council officially proclaim May 1991, as
"Older Americans Month" in the City of Cypress.
Item No. 6: Consideration of Authorization for the Finance Director to Attend the 85th
Annual Conference of the Government Finance Officers Association (GFOA).
Recommendation: That the City Council authorize the attendance of Richard Storey,
Finance Director, to the 85th Annual Conference of the Government Finance Officers
Association (GFOA), to be held on June 2-6, 1991, in Denver, Colorado, and be reimbursed
for all actual and necessary expenses incurred.
Item No. 7: Consideration of Contract Change Order No. 2 to the Katella Avenue Traffic
Signal Coordination Project, Public Works Project No. 8936.
Recommendation: Receive and file.
Item No. 8: Consideration of Proclaiming May 1, 1991, as "Law Day U.S.A.".
Recommendation: That the Mayor and City Council officially proclaim May 1, 1991, as
"Law Day U.S.A." in the City of Cypress.
Item No. 9: Consideration of Proclaiming May 11, 1991, as "Fire Service Recognition
Day".
Recommendation: That the Mayor and City Council officially proclaim May 11, 1991, as
"Fire Service Recognition Day" in the City of Cypress.
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CITY COUNCIL AGENDA April 22, 1991
Item No. 10: Consideration of Contract Change Order No. 5 to the Construction of a New
Fuel Dispensing Facility Contract, Public Works Project No. 8876.
Recommendation: Receive and file.
Item No. 11: Consideration of Proclaiming May 1991, as "Good Posture Month" and May
12-18, 1991, as "Chiropractic Wellness Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim May 1991, as
"Good Posture Month" and May 12-18, 1991, as "Chiropractic Wellness Week" in the City of
Cypress.
Item No. 12: Consideration of Monthly Investment Program for the Month of February
1991.
Recommendation: Receive and file.
Item No. 13: Consideration of Request From the Cypress Twirlers for Permission to Use
the City Council Chamber Plaza Area for Square Dancing on June 22, 1991, July 27, 1991,
and August 24, 1991.
Recommendation: That the City Council approve the request of the Cypress Twirlers
Square Dance Club for use of the City Council Chamber Plaza area on June 22, 1991, July
27, 1991, and August 24, 1991, from 7:00 p.m. - 11:30 p.m., subject to the condition that the
organization be required to pay for any additional costs incurred in providing
maintenance and utility services.
Item No. 14: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Angela Ondine R. Espiritu, D.B.A. Pizza Plusza, 6332 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 15: Consideration of Proclaiming May 11, 1991, as "Across America Tennis Day".
Recommendation: That the Mayor and City Council officially proclaim May 11, 1991, as
"Across America Tennis Day" in the City of Cypress.
Item No. 16: Consideration of Monthly Investment Program for the Month of March 1991.
Recommendation: Receive and file.
Item No. 17: Consideration of Authorization to Solicit Applications for a Vacancy on the
Cypress Traffic Commission.
Recommendation: That the City Council direct staff to solicit applications for the
vacancy on the Cypress Traffic Commission.
Item No. 18: Consideration of Resolution Commending Firefighter/Paramedic Wade
Bennett for His Heroic Actions and for Being Selected as the Outstanding State
Firefighter of the Year by the State of California Veterans of Foreign Wars of the
United States.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Firefighter/Paramedic Wade Bennett for his heroic actions and for
being selected as the outstanding State Firefighter of the Year by the California Veterans
of Foreign Wars Council.
RESOLUTION NO. 3925
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING FIREFIGHTER/PARAMEDIC WADE BENNETT FOR HIS
HEROIC ACTIONS AND FOR BEING SELECTED AS THE OUTSTANDING
STATE FIREFIGHTER OF THE YEAR BY THE CALIFORNIA VETERANS OF
FOREIGN WARS COUNCIL.
Item No. 19: Consideration of Presentation of a Community Service Plaque to the Rotary
Club of Noda City, Japan.
Recommendation: That the City Council authorize the presentation of a community _
service plaque to the Rotary Club of Noda City, Japan, Cypress' Sister City, on its 35th
anniversary.
Item No. 20: Consideration of Approval of Project and Acceptance of an Additional
Expenditure for the Joint Street Rehabilitation Project on Katella Avenue with the City
of Los Alamitos, Public Works Project No. 9004.
Recommendation: That the City Council: 1) Accept the Joint Street Rehabilitation Project
on Katella Avenue, Public Works Project No. 9004, as being satisfactorily completed; and
2) Approve the expenditure of an additional $653.51 from Account No. 4186-I1-21-08 for
the City's share of the joint project with the City of Los Alamitos to rehabilitate Katella
Avenue from Ticonderoga Drive to Siboney Street.
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CITY COUNCIL AGENDA April 22, 1991
Item No. 21: Consideration of Design Review Committee No. 91-7, Neon Use Permit, Via
Maria Restaurant, 9969 Walker Street (Cypress Plaza Center).
Recommendation: That the City Council receive and file Design Review Committee No.
91-7 with the conditions set forth by the Neon Use Agreement, Neon Use Criteria, and
the following conditions: 1) A dimmer shall be installed as part of this approval; and 2)
Neon tubing shall be eliminated on the west side of the structure.
Item No. 22: Consideration of Renewal of Contract for Professional Building Plan Check
Services.
Recommendation: That the City Council renew the contract for professional building
.n plan check services with Melad and Associates, 8907 Warner Avenue, Suite 161,
Huntington Beach, CA 92647, for a one (1) year period, ending April 22, 1992.
Item No. 23: Consideration of Addition of Deferred Compensation Plan - U.S. Conference
of Mayors - PEBSCO Plan.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, that establishes the U.S. Conference of Mayors Deferred Compensation program
for employee participartion at no cost to the City, other than administration of the Plan:
RESOLUTION NO. 3926
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,AND
ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, ESTABLISHING A DEFERRED COMPENSATIONPLAN
KNOWN AS U.S. CONFERENCE OF MAYORS DEFERRED COMPENSATION
PROGRAM FOR ITS EMPLOYEES.
END OF CONSENT CALENDAR
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Age and seconded by Councilmember Kerry to order the
following ordinance read by title only, title as follows, amending Section 15A-13 or
Ordinance No. 455.
ORDINANCE NO. 863
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.
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
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
order the following Ordinance read by title only, title as follows, establishing a trip
reduction ordinance.
ORDINANCE NO. 864
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: S COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Bowman recessed the meeting at S:S4 p.m. to allow the Council
to enter into a Closed Session for the discussion of personnel and litigation matters. The
meeting reconvened at 7:30 p.m. with all Councilmembers present and staff members
Bacock, DeCarlo, Eynon, Hill and Wicker.
7:30 P.IyL SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Partin.
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CITY COUNCIL AGENDA April 22, 1991
The City Manager reported on the joint meeting conducted between the City Council and
the Cypress Traffic Commission and summarized the actions taken by the Council during
the 5:30 portion of the Agenda.
The City Attorney reviewed the discussions held during Closed Session in which four
items were discussed. The first two were litigation: Moss vs. City of Cypress and a
matter of potential risk in regard to hockey playing underneath the Council Chamber,
ordering the City Attorney to draft an ordinance. The other two items were property
negotiations matters involving the Anaheim High School District and the Cypress School ,
District.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Jack Weber, Principal of Cypress High School, 9801 Valley View Street, Cypress,
advised that he was present along with a parent, Mrs. Karen Tiregol, and two Cypress
High School students. He informed the City Council that Cypress High School recently
became the California Champions of the Mock Trial competition. During May 9 through
12, 1991 the team will proceed to New Orleans, LA for the National Competition
representing the State of California. Mock Trial team members Alise Tiregol and Lydia
Kim made a presentation before the Council in the hope of raising funds for their trip to
New Orleans.
They are asking different organizations for money because they are now representing the
entire State of California. They are estimating the cost to send the team to New Orleans
to be about $12,000.
Councilmember Kerry stated she had spoken with Ned Fox at the Chamber of Commerce
and he will contact the business community to see how they can help.
It was moved by Councilmember Age and seconded by Councilmember Nicholson that a
need subsequent to the preparation of the Agenda has arisen for the Council to consider a
contribution to the Mock Trial team, which will be considered 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
Councilmember Age suggested a matching type contribution where the Team matches
what the City contributes up to a certain dollar figure.
It was moved by Councilmember Partin, seconded by Councilmember Nicholson and
unanimously carried to offer the City's challenge to the Corporations in the Business
Park, through the Chamber of Commerce, to meet or exceed the Council's contribution to
the Cypress High School Championship Mock Trial Team in the amount of $5,000.00. For
the record, Councilmember Kerry advised that she did not believe that the Little League
Team received any money near $5,000.00. She also advised that didn't change her opinion
of the Mock Trial Team she just wanted to put the record straight. The Council asked
the Team to return to Council with a report on their trip.
Councilmember Age clarified that the trash containers to be used for the two 100 gallon
containers to be used for the curbside co-mingled trash collection were 31 inches wide,
not 36 inches as previously reported.
Mr. Jim Kopick, 5167 Cumberland Drive, Cypress, stated that in the recent vote, the
Council offered to pay $5,000 to send the Team to the New Orleans competition. He
believed it was admirable; however, in this time of recession, he hoped that the
individual members of the Council would pull the money together rather than taking it
out of the pockets of the taxpayer.
Mayor Bowman announced that Lisa Bigham was crowned "Miss Teen Cypress" and
Victoria Kogen was named "Miss City of Cypress."
He also announced the following events: the dedication of Veterans Park will be held on
Saturday, April 27 at 3:00 p.m. On May 4, Loyalty Day will be held on the Civic Center
steps at 11:00 a.m. Last week, on April 18, the kickoff of the 25th anniversary of Cypress -
College was held.
Councilmember Partin addressed the meeting on the comments he had made at the April
I1, 1991 Orange County League of Cities meeting. On April 16, a Special Meeting was
held to consider those comments and he indicated that this public meeting would be an
appropriate place to give his apology about the remarks he made about the late Supervisor
Harvey Milk. Those remarks that were offensive were solely his and not in any way
made on behalf of the City Council or the City. He expressed his apologies to all of those
people he offended and he hoped and trusted that this controversy is now set aside and
we can move on to continue to provide a productive action on behalf of the City.
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CITY COUNCIL AGENDA April 22, 1991
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No
one wished to speak.
CONTINUATION OF CONSIDERATION OF AN AMENDMENT TO THE
RESIDENTIAL DENSITY BONUS POLICY: Mayor declared the Public Hearing open and
noted that staff had recommended a continuance to the May 13, 1991 City Council
meeting.
It was moved by Councilmember Age, seconded by Councilmember Nicholson, and
unanimously carried to continue the Public Hearing to the May 13, 1991 City Council
meeting.
` CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT
TO THE ZONING ORDINANCE NO. 90-6, SECTION 9.3-A PERFORMANCE
STANDARDS: RESIDENTIAL ZONES PERMITTING AIR CONDITIONING UNITS
AND MECHANICAL EQUIPMENT IN SIDE YARD SETBACKS: The Mayor opened the
Public Hearing and requested staff to present the report.
The Planning Director referred to her staff report dated April 4, 1991, which stated that
this item had previously been scheduled to be considered by the City Council in January;
however, it was continued to this meeting in order to resolve issues regarding function,
location, noise and compliance responsibility with the Noise Specialist for the County of
Orange in the preparation of an Ordinance.
She stated that the proposed Ordinance does allow installation of air conditioning units in
the side yard. This matter was a staff initiated study item since there had been a record
22 approved variances to allow side yard air conditioning units in the last five years.
She further advised that prior to revision of the Zoning Ordinance in 1978, air
conditioning units were allowed in the side yards. Since that time due to the
technological advances in the manufacturing, air conditioning units are quieter and now
meet the Noise Ordinance standards.
Councilmember Kerry recalled that most of the variances that came before Council were
those that had odd shaped yards or additional space between the house and the wall and
the next door home. She asked how many of the approved units were actually 2 feet
from the wall.
Christine Eynon advised that staff would have to check the records. She further stated
that many of the variance requests were the result of yard improvement projects.
Councilmember Nicholson stated her concern about adopting this Ordinance because she
felt more units would be placed in the side yard rather than in the back yard. She
further advised that she has to keep her side sliding door closed due to a noise problem
and this would be a common complaint since the new homes are being constructed closer
together. She favors maintaining the current process of approving requests of special or
unique circumstances on an individual basis.
Responding to Councilmember Age, the Planning Director advised that staff has not
received any complaints on those previously approved variances.
The City Attorney advised that the problem with a variance is that staff has to
recommend exceptional findings which in some cases have been difficult to ascertain. He
felt that if the Council is going to continue approving the placement of the air
conditioning units in the side yard, it should be done by an Ordinance, which could be
amended to include further distance from the side yard of the adjoining party.
The Mayor asked if there were anyone in the audience who would like to speak in favor
of the Ordinance.
Responding to Mr. Bob Sundwall, 5486 Vista Serena ,whose air conditioning units had
been installed in 1968, the Planning Director advised that in his case it was a legal non-
conforming use since it had been installed prior to 1978.
Mrs. Jane Wozniak, 4480 Avenida Granada, supported the Ordinance with appropriate
changes and recommendations as they are many homes in the City on lots that are close
together. She further commented that the flag poles at the new Veterans Park looked
great.
The Planning Director stated that the City's Noise Ordinance is in effect and the
requirements and restrictions should apply to all mechanical equipment, including air
conditioning units.
Mr. Joe Hardcastle, 4588 Blanca Drive, stated that the Council should approach this issue
from the noise level standards.
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CITY COUNCIL AGENDA April 22, 1991
The Planning Director advised that the noise level concern was addressed with the Noise
Consultant from the County of Orange who does the sound readings and enforces the
Noise Ordinance and he was comfortable with the proposed Ordinance. Staff would
obtain the information that the equipment complies when it is installed and should it
malfunction at a later date, the Noise Ordinance would- be enforced.
Councilmember Age stated that she does not have any problem with the proposed
Ordinance since it complies with the Noise Ordinance provisions.
It was moved by Councilmember Age and seconded by Mayor Pro Tem Partin to close the
Public Hearing and approve the first reading of the Ordinance by title only, title as
follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 9.3 (A) "PERFORMANCE STANDARDS: RESIDENTIAL
ZONES" OF THE ZONING CODE OF THE CITY OF CYPRESS RELATING TO
RESIDENTIAL ZONES AND THE PLACEMENT OF AIR CONDITIONING
UNITS AND MECHANICAL EQUIPMENT IN THE SIDE YARD SETBACKS.
Councilmember Kerry stated that she had a problem with having the equipment as close
as 2' from the property line.
Mayor Bowman felt the issue was the distance of the equipment from a window or sliding
door of the adjoining property.
Following further discussion, the City Attorney advised that since the current ordinance
provides fora 10' setback of an air conditioning unit from a building in the rear yard, a
provision could be inserted that any air conditioning or mechanical equipment not be any
closer than 10' from a neighboring residential window or door.
Councilmember Age amended her motion, with the approval of Mayor Pro Tem Partin
who had seconded the original motion, to include the provision that any air conditioning
or mechanical equipment not be any closer than 10' from a neighboring residential
window or door openings.
The Planning Director advised that the Council may wish to consider as a Consent
Calendar Design Review item any air conditioning or mechanical equipment that is being
installed closer than 10' from an adjoining window or other openings.
Mayor Pro Tem Partin stated that if the Ordinance is to be conditioned, it should not be
necessary to adopt it as we can continue to function as before.
City Attorney clarified that if an installation request is over 10' it would be considered
as a design review and as a variance if it is under 10'.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: A$e, Kerry, Partin and Bowman
NOES: 1 COUNCILMEMBERS: Nicholson
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: STATUS OF THE BIKE PATH, SOUTH
OF STANTON CHANNEL BETWEEN VALLEY VIEW AND KNOTT STREETS. Mayor
Bowman opened the public hearing. The City Manager requested the Acting Public Works
Director to review the Team report dated April 12, 1991, which indicated that this matter
was continued from the meeting of February 11, 1991, and which also provided some
historical background on this issue. As directed by the City Council at its meeting of
February 11, 1991, staff's estimates for the installation and construction of a new bike
path would be approximately $155,000 and for the removal of the existing path,
approximately $33,000. The cost for installing a bicycle or pedestrian bridge at Holder
Street is estimated at $60,000 for a new bridge or $15,000 utilizing a used bridge and
$94,000 for additional lighting. He further advised that raising of the existing block wall
between the path and the homes to the south would cost approximately $60,000. Mr. Hill •
further advised that he had contacted the Orange County Environmental Management
Agency regarding the relocation and was advised that the County was willing to work
with the City concerning recreational use of the right of way; however, the design and
construction would be per their standards and the City would have to bear all the costs.
The Acting Public Works Director stated that two letters were received in response to the
public hearing notification and both were in support of keeping the path open and at its
current location.
Also in response to Council's direction, the Police Chief researched the criminal activity
in the area south of Evergreen Avenue and on the north side of Hickory Avenue between
Grindlay and Moody Streets, which at one time was adjacent to a public easement. The
report stated that there were 30 homes affected and during the last two years, six crimes
were committed, three of which were theft and three burglaries.
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CITY COUNCIL AGENDA April 22, 1991
The Council compared the crime statistics between the two areas and concluded that there
were five crimes committed in the bike path area of 42 homes, which is less than the area
adjacent to the fenced easement near Evergreen and Hickory.
Mr Bob Peterson, Manager of Transportation and Planning for the County of Orange,
stated that they have a Master Plan of County-wide bikeways in which their main focus
is trying to maintain continuity in the regional trail system of Orange County. He asked
if there are any action contemplated, that consideration be given to the total length of
the trail and any changes in alignment or abandoment of a trail be jointly planned. He
further stated that this particular bike path paralleling Katella Avenue was designed to
remove the bicycle traffic from a heavily traveled thoroughfare. The County process has
identified that if major changes are made to the trail system that there be cooperation
with, the Cities to find an acceptable route.
Mayor Bowman asked if anyone wanted to speak about the bike paths.
Mr. Lindsay Cheney, a resident of the Cypress Village Housing, uses the bicycle path
about once a week. He stated he found it outrageous that the City would consider closing
down a valuable recreational facility. Dog droppings are a real problem and something
should be done about it but the solution is not to close the trail and suggested additional
signs should be posted. He felt allegations of the path attributing to the crime factor were
erroneous.
Mr. Norm Haller, 6526 Jekyll Way, Cypress, advised that most of the arguments against
closing the bike trail were already stated. He added that there had been a problem with
graffiti but this has succeessfully been eradicated by the City. He commented that he
would like to see the bike path remain.
Responding to Mayor Bowman, staff responded that the easement for the path was
dedicated during the development of the housing project.
Ms. Kathy Simcox, 6143 Trinidad Avenue, Cypress, stated she enjoys using the bike path
daily and the only problem are the dog droppings.
Mr. Gene Kissling, 6411 Gentiles Avenue, Cypress, remarked that he or his neighbor have
the lowest fence and asked what would be involved in obtaining a permit if residents
decided to raise the fence.
The Acting Public Works Director advised that an agreement could be worked out
whereby the City would issue the homeowner a no-fee permit if the homeowner supplied
the blocks and labor.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress stated that he usually uses the bike path
on Coyote Creek and commented on the poor job of repairing the holes.
Mr. Ken Rasmussen, 6081 Barbados Avenue, Cypress, stressed the point that the Police
Chief had mentioned of the easy exits the bike path provided for robbers. He further
commented about the motorcycles that go back and forth on the path.
Jim Hill advised that the height of the wall ranges from a low of S' on the bike path side
to a high of approximately 6 He added that in some instances the yards are of a lower
elevation than the bike path.
Mrs. Pam Berg, 6061 Barbados Avenue, Cypress, stated that her home directly abuts the
bike path and people can see directly into her yard from the bike path and on occasions
have hid behind the bushes and teased her dogs. She added that the bike path is not
clean nor safe to walk by yourself.
Responding to the Mayor, Mrs. Berg advised that she would consider raising her wall and
also was receptive to installing lights.
Mr. Doug Major, 6441 Cantiles, Cypress, advised that his home also backs up to the bike
path which he and his family utilizes. He felt the survey of criminal activity should
have been conducted for only those homes that directly abuts the bike path. He also
commented that the County of Orange bike path does deadend and is not a continual path
from the naval area and that, through personal knowledge, lighting and/or cameras have
proven to be very effective tools in deterring criminal activity. Mr. Major stated a person
could climb over a 6' wall with very minimal effort and he was concerned about the
homes with backyards easily visible to anyone from the bike path. He recommended the
Council consider selecting a sole contractor to be made available to the all the residents
who choose to raise their wall to the 7' level; thus, reducing the costs for each homeowner.
Councilmember Nicholson stated that at the last Council meeting it was reported that it
was more expensive for the City to contract for this work rather than for each
homeowner to do so individually.
8
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CITY COUNCIL AGENDA April 22, 1991
Mr. Kres Gabric, 6041 Barbados Avenue, Cypress, inquired if any thought had been given
regarding selling the present bike path -easement to the property owners and using this
money to finance a path on the north side which location he felt would be better for
everyone.
Jim Hill advised that the City had never discussed the possibility of selling the property
to the property owners but that it was another option for Council to consider.
Councilmember Nicholson felt that the homeowners would not be receptive to paying
approximately $188,000 which has been estimated as the cost for removal and relocation
of the bike path.
Mrs. Ingrid Kline, 6163 Trinidad Avenue, Cypress, stated that it would not be fair for the
residents to incur the additional cost of relocating the bike path when the existing path is
very. adequate.
Mrs. Angie Hataway, 6071 Barbados Avenue, Cypress, stated that she has lived in the
neighborhood for 17 years since the tract was developed and she has been burglarized and
vandalized three times. She would like to see the bike trail closed.
Councilmember Nicholson stated that she was not in favor of closing the bike path as the
Police Chief's survey has indicated that there was not a decrease in crimes statistics at the
closed easement in the area of Hickory/Evergreen. She felt the best solution would be to
raise the fences and allow the homeowners to proceed on a no-fee permit basis. She was
not sure about the lighting since it may possibly cause another problem of lights shining
into bedroom windows. She thought the suggestions regarding posting a reward type of
sign for citing owners allowing their dogs to defecate on the bike path and installing a
bridge were items for the Council to consider.
Councilmember Age stated that she bicycles every weekend and does not consider this a
true bike path because it is so short. She thought bike paths installed adjacent to storm
channels were conducive to gang and drug related activities. She would support raising
of the fences to provide some security for the property owners; however, if this matter
returns to Council again, she would have no objections to closing the bike path.
Councilwoman Kerry agreed with Councilwoman Nicholson and did not think closing the
path was the solution. She believed crime is everywhere and this particular area was not
experiencing a higher crime rate. She supported raising the wall with a no-fee permit
and suggested perhaps the homeowners would like to install a trellis to grow foliage along
the inside of the entire wall that could raise the height to 8' to provide additional n~
security. She further stated that the issue of dog droppings should be addressed not only
for this area but City wide with consideration of a higher penalties for those who violate
this law.
Mayor Pro Tem Partin stated that he had heard this issue in 1981 and 1985 and each time
improvements have been made and he would not favor closing the bike path, at this time,
since it serves as a recreational facility for the residents in that area. He would like
staff to investigate some type of contractor coordination to raise the wall at a better price
than the individual homeowners could obtain. He proposed an arrangement of installing
security lighting from every 3rd or 4th home with possibly an annual payment to the
homeowners for use of their power source,and wanted staff to further pursue the lighting
on the path if it is possible to do this for $25-50,000, as long as an agreement could be
worked out with the neighbors not to complain about the glare into their homes. He did
not want this issue to come to a vote tonight but would rather have staff follow up on
these options.
Mayor Bowman agreed about not voting on the issue at this time which would then
provide staff to contact the homeowners in that area who would be interested in
furnishing the power to light the path which would be cheaper than installing lights all
along the path. He would also like staff to provide additional analysis of the wall
structure.
The Acting Public Works Director advised that an engineering study will have to be
conducted on the raising of the wall and he also recommended that proposals be obtained
from at least three contractors on the cost which will be reported back to Council in 60
days.
The Mayor requested some input from the contiguous property owners regarding
willingness to participate in the power source lighting arrangement and also on their
interest in raising the walls.
It was moved by Mayor Pro Tem Partin and seconded by Councilmember Age to close the
Public Hearing and request staff to return with additional information at the July 22,
1991 meeting after conducting a survey of the property owners that abut the bike path to
see if they are interested in raising the wall and participating in the lighting program.
9
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CITY COUNCIL AGENDA April 22, 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
RECESS: The Mayor recessed the meeting at 9:10 p.m. and the meeting was reconvened at
9:25 p.m.
CONTINUATION OF CONSIDERATION OF RESOLUTIONS COMMENDING CITY
RESIDENTS FOR PROVIDING CARE FOR THE CYPRESS RABBITS: The City
Manager presented the staff report dated April 15, 1991, which stated that staff had
proceeded with the directions given at the April 8 Council meeting and had prepared the
Resolutions commending Dr. John Hardison, Ms. Jan McConnell, and Ms. Sue Moody for
their efforts in caring for the rabbits at the Cypress Nature Park.
The Council was advised that another status report will be submitted at the next meeting.
It was moved by Mayor Pro Tem Partin and seconded by Councilmember Age to adopt the
Resolutions by title only, titles as follows, commending Dr. John Hardison and Cypress
residents, Jan McConnell and Sue Moody for their efforts relating to the care of the
rabbits.
RESOLUTION NO. 3927
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING JOHN F. HARDISON, D.V.M., OF THE COLLEGE PARK
ANIMAL HOSPITAL FOR HIS OUTSTANDING SERVICE TO THE CITY OF
CYPRESS.
RESOLUTION NO. 3928
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS RESIDENT JAN McCONNELL FOR HER
OUTSTANDING SERVICE TO THE CITY OF CYPRESS.
RESOLUTION NO. 3929
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS RESIDENT SUE MOODY 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: None
It was stated that the Kinship With All Life Foundation is currently paying Mr. Jose
Lopez (Dr. Hardison's technician) a retainer of $200 for the month of April and following
a brief discussion, it was moved by Councilmember Nicholson, seconded by
Councilmember Age and unanimously carried to pay $200 for the month of May 1991 to
Mr. Jose Lopez to continue to take care of the rabbits.
CONTINUATION OF CONSIDERATION OF ON-STREET PARKING OF
RECREATIONAL VEHICLES: The City Manager called upon the Police Chief to present
the staff report dated April 4, 1991, which stated that at the March 25, 1991 Council
meeting, a group of individuals representing the interests of recreational vehicle owners,
addressed the Council in reference to on-street parking, in particular to the current
ordinance which prohibits parking of any vehicle on public streets for a period in excess
of 72 consecutive hours. They contended that no restrictions currently exist for on-street
recreational vehicle parking and they were upset at receiving a notice of possible
violation of the 72 hour statute by the Cypress Police Department.
As directed by the City Council, the Police Chief advised that a survey of all Orange
County Cities and the County of Orange was conducted which indicated that all agencies
have enacted an ordinance limiting consecutive hours of on-street parking to 72 hours,
and none were more liberal than Cypress', but several were even more restrictive. He
noted that none of the ordinances expressly prohibited the parking of recreational
vehicles on a public street but rather, limited on-street parking to all vehicles of a
specific length, height, or width, which were consistent with the State Attorney General's
Opinion #89-602 published on January 11, 1990, that states no California city has any
authority to prohibit the parking of particular categories of vehicles on its residential
streets during all or certain hours of the day, with the exception of commercial vehicles
having a manufacturer's gross vehicle weight rating of 10,000 pounds or more.
Chief Wicker further advised that the municipal ordinance regarding on-street 72 hour
parking was drafted to allow the City to remove abandoned, unused, or junk vehicles
from the streets and public rights of way. He also stated that three written
communications have been received from Regina E. Poger, 9675 Paseo de Oro, Nancy J.
10
CITY COUNCIL AGENDA April 22, 1991
Hooven, 4614 Via Largo, and Jack Scrivner, 4216 Via Largo, all of which opposed any
change to the 72 hour parking statute.
Chief Wicker recommended that the City Council direct the Police Department to
continue its current method of enforcement of the 72 hour statute and hopefully not
provide a form of harrassment or unfair treatment of motorhomes or recreational vehicles
owners and any other action that the Council deems appropriate that is consistent with
State Law and Attorney General's Opinion.
He further advised that since the staff report had been written, he has received
information that as of March 7, 1991, a bill is currently pending in Sacramento authored
by Assemblywoman Doris Allen that would provide a local municipal government with
the authority to either permit or restrict the parking of any vehicle over 10,000 pounds in
a residential area regardless of the type of vehicle, whether it be commercial or
recreational.
Responding to Mayor Pro Tem Partin, Chief Wicker advised that the existing Notice of
Citation form issued by the Police Department could be amended to read "Warning
Notice" or similar language on the top of the notice and a sample of the proposed notice
will be submitted to the Council at the next meeting.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that the Cities of Huntington
Beach and Fullerton have very narrow streets. His street is 60' wide and with proper
caution, he does not have any problem getting out of his driveway. He suggested that the
Council direct the Police Chief not to act on any anonymous complaints which he feels is
harrassment to RV owners and all he is asking for is fairness. He further stated that the
City of San Antonio, Texas just repealed one of the most restrictive anti-RV parking law
in the United States because of a pending lawsuit.
T. Patrick O'Hara, 9170 Whitney Way, Cypress, stated that he has a 22' motorhome parked
in front of his home, two cars in his garage and his driveway is free. He did not feel
there was justification in one of the communications received that stated RVs restricts
and limits available parking space when he sees homes with 5 or 6 cars, and no cars
parked in the garage.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, said he is a motorhome owner and felt
motorhomes and trailers would be valuable when an earthquake occurs or other
catastrophe to house people when all the hospitals are full. He would like to see a
special area designated for RV parking especially for out of town visitors. He also
believed the use of motorhomes at school sites during the summer is a deterrent for
burglary or vandalism.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, felt that the City Council meeting is
where you should voice your complaints and not complain anonymously.
Mr. Ted Hili, 10001 St. Vincent Circle, Cypress, felt this issue started out as
discrimination because the motorhome owners received a Notice and other cars were also
parked and were not noticed. He was opposed to discrimination of all types but in this
instance, he did not believe the issue is discrimination since motorhomes are not required
to have commercial licenses and they can pull trailers, boats, and automobiles but
someone with a little pickup truck has to have a commercial license before he can put a
tool box in it. RVs can be parked anywhere in the City as long as it is moved every 72
hours. A commercial vehicle 80" or over cannot park after dark nor in excess of 24 hours.
He cited several storage yards in Cypress with reasonable rates that have locked electric
gates with a guard 24 hours/day.
Responding to the Mayor, Mr. Hardcastle stated that he would be interested in meeting
with the Traffic Commission to discuss a possible advisory ballot measure regarding RV
parking.
Following discussion regarding anonymous complaints, the Police Chief advised that total
anonymity cannot be granted especially relating to police cases because it may deprive an
individual of their constitutional right to confront a witness. He further stated that the ,
Police Department will respond to any complaints; however, more caution will be
exercised in the future to not issue warning citations for those RVs which are verified to
belong to the resident where it is parked.
Councilmember Nicholson commended the Police Department for responding properly to
the complaints received and moved that this matter be referred to the Traffic Commission
and the City Attorney to prepare an appropriate ballot wording or a new ordinance
relating to recreational vehicle parking and, in the meantime, continue to enforce the 72
hours parking restriction.
The motion was seconded by Councilmember Age and unanimously carried.
11
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CITY COUNCIL AGENDA April 22, 1991
The Council clarified that this issue would be considered at the next regular election and
not at a special election.
CONSIDERATION OF REQUEST FOR CITY COUNCIL INTERPRETATION OF
APPLICABILITY OF THE SUBDIVISION ORDINANCE REGARDING PAYMENT OF
PARK FEES (ROBERT J. CONWAY, 3702 HOLDEN CIRCLE, LOS ALAMITOS, CA
90720: The City Manager called on the Planning Director to summarize the staff report
dated April 12, 1991, which indicated that Mr. Conway is the owner of the property at
5702 Saint Ann Avenue and is in the process of acquiring the property at 5701 Vonnie
Lane. The two parcels are adjacent to each other at the rear property lines and are corner
lots, bounded on the east by Cypress Avenue. Each lot contains two single-family homes
and Mr. Conway is interested in converting these existing single-family homes into
condominiums. She further advised that during discussion with the applicant several
issues arose regarding payment of the park fees and he has submitted a letter requesting a
determination of Council that park dedication fees are not applicable to the subject
project. Staff has consulted with the City Attorney's office in reviewing the Quimby Act
requirement for park land dedication fees and staff was not able to conclude that the
project should be exempted. Further, the City's Subdivision Ordinance does not allow for
any exemptions or waivers of the fees. The Planning Director felt this issue is not
limited to this particular. project but, in fact, would impact any area throughout the City,
thus, a more complete evaluation of single-family home conversions is necessary.
The City Attorney advised that the Quimby Act is triggered by the Subdivision Map Act
which is a state law that addresses parcelization, creation of new parcels, and subdivision
of land which enhances the value of the property and requires the payment of the park
land dedication fees.
Responding to the Mayor, the Planning Director advised that the fees are determined by
the acreage of the property.
Mr. Bob Conway, 3702 Holden Circle, Los Alamitos, commented that the proposed project
would not be increasing the density or create a burden on recreation and parks. He felt
his proposal would improve the neighborhood and he would offer the homes at a 15-2096
reduction of what a home is selling in that area which would help a f first-time buyer. He
further cited other cities which had lower fees than Cypress and stated that he would not
be able to proceed with the project if he had to pay the $30,000 fee.
Responding to Mayor Bowman, the Planning Director advised that the fee calculation is
established by State law with a common multiplier applied to the the number of people
residing within a proposed residential subdivision and then multiplied by the park land
standards which results in how much land is to be dedicated. If the land is not
dedicated, the fee is based on a fair market appraisal of the land which dictates the
amount of the fee.
She stated the initial issue. is whether the fees can be waived and according to staff and
City Attorney's interpretation, the existing Code does not allow for a fee waiver. She
added that this item was brought to Council at this time because Mr. Conway had
indicated a need for an immediate answer to his inquiry. Staff feels the subject requires
further study before action is taken on specific applications since it impacts our
affordable rental housing, the. Housing Element, and other developers in the community.
Following a brief discussion, it was moved by Councilwoman Nicholson and seconded by
Councilwoman Age to uphold staff's interpretation of the Subdivision Ordinance
regarding park dedication fees for conversion of single-family homes to condominiums,
and to direct staff to study this issue further and return to Council with a complete
report for policy direction.
Councilmember Kerry wished to emphasize that although the applicant states that no new
units were added, one of the units was just built in March 1991 so it was recently added.
Mr. Conway stated that he originally applied for a parcel map on February 14, 1991, and
has kept a unit vacant since February 1st pending a ruling by the City which he hoped to
receive this evening.
The motion was unanimously carried.
CONSIDERATION OF ZONING INTERPRETATION, WALL SIGN, MOUNT CALVARY
LUTHERAN CHURCH, 5931 BALL ROAD, CYPRESS: The City Manager -asked the
Planning Director to summarize the staff report dated April 12, 1991, which stated that a
request has been received from the Mount Calvary Lutheran Church to place their sign on
a wall of their new church facility at the northwest corner of Ball Road and Valley View
Street. The Zoning Ordinance does not provide for wall signs but it does provide for a
zoning interpretation and staff finds that this is very similar to a monument sign. The
sign would have black aluminum channel letters and would be mounted onto the front of
an existing 5' high wall. Staff feels the proposal meets the criteria and the intent for
monument signs and the Design Review Committee found that it was consistent with the
Code.
12
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2~~ .
CITY COUNCIL AGENDA April 22, 1991
Responding to Councilmember Nicholson, the Planning Director advised that a channel
letter is an individual letter placed on a separate surface without a background that is
flush with the wall.
It was moved by Councilmember Age, seconded by Councilmember Nicholson, and
unanimously carried to determine the wall sign proposed for the Mount Calvary Lutheran
Church is consistent with the intent of the Cypress Zoning Ordinance.
CONSIDERATION OF CITY COUNCIL POLICY STATEMENTS: The City Manager
referred to the staff report dated April 17, 1991, which indicated that these policy
statements were developed as a result of the recent City Council/Team Workshop. Staff
developed a standard format for the various policies which will be incorporated into a
Policy Manual that will be identified according to the subject matter. In addition staff is
in the process of researching past policy issues that have been enacted which will be
presented to the Council in this same manner for documentation in the Policy Manual.
It was moved by Councilmember Age, seconded by Councilmember Nicholson ,and
unanimously carried to approve and adopt the Policy Statements as presented.
CONSIDERATION OF EMPLOYMENT OF CONSULTANTS FOR REFINANCING THE
CIVIC CENTER AND FUNDING OF THE SENIOR CITIZENS CENTER: The City
Manager summarized the Team staff report dated April 16, 1991, which indicated that
pursuant to the City Council's direction of February 25, 1991, the Team has selected
Seidler-Fitzgerald Public Finance as financial consultants and the firm of Burke,
Williams, Sorensen, and Gaar as the Bond Counsel for the refinancing of the Civic Center
and funding of the Senior Citizens Center. Council is requested to adopt the Resolution
approving the subject appointments and employment agreements.
The City Manager advised that selection for the financial consultant was put out to
competitive bidding and Seidler-Fitzgerald at $15,000, came in substantially lower than
the others. He stated that this is a fixed amount and not on contingency basis.
In response to Councilmember Nicholson's inquiry regarding giving the residents of
Cypress first opportunity to purchase the bonds, the City Attorney advised that this type
of separate or mini bond that can be as low as $500 creates a lot more paperwork, time
consumption and becomes more costly; therefore, our financial consultants advise against
it. However, another possibility is to not create a separate bond issue as such but to .F
provide notice to citizens to allow them to get into the market place with the underwriter
on the date of the sale.
The City Manager further advised that staff had checked with several bond counsels to
determine the range of the fee structures and using the lowest fee as a negotiating tool
was able to obtain the services of Burke, Williams, Sorensen, and Gaar, relatively under
market price, as outlined in their proposal dated April 16, 1991.
In response to the Mayor, Mr. Essex advised that the next step would be to prepare the
paperwork for the issuance of the bonds and the entire package with the schedule for the
sale and rates will be submitted to the Council.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt
the Resolution by title only, title as follows, appointing Seidler-Fitzgerald Public Finance
as the Financial Advisor and Burke, Williams, Sorensen &Gaar as the Bond Counsel for
the refinancing of the Civic Center and the financing of the Senior Citizen Center and
authorize the Mayor and City Clerk to execute the subject employment agreements, and
authorize staff to investigate further on the feasiblity of utilizing the procedure whereby
notices would be provided to Cypress citizens to allow them the opportunity to purchase
the bonds on the day of the sale.
RESOLUTION NO. 3930
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
REFINANCING OFOTIHEIC V C CENTER OAND THE FINANCING OF THE SED
SENIOR CITIZENS CENTER.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman f
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 44523-44803: It was moved by Mayor Pro Tem Partin, seconded by
Councilmember Age to approve the Warrants No. 44523 through 44803, in the amount of
$603,961.95. The motion unanimously carried by the following roll call vote:
13
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CITY COUNCIL AGENDA April 22, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF SUPPORT OF AB 1316 (ALLEN) RELATING TO VEHICLE
PARKING RESTRICTIONS: The City Attorney advised that AB 1316 was introduced by
Assemblywoman Doris Allen which would amend Section 22507.5 of the Vehicle Code that
would eliminate the distinction between recreational vehicles as a personal automobile
and commercial vehicles. The Bill would permit local authorities, by ordinance or
resolution, generally to prohibit or restrict the parking or standing of any vehicle or a
particular type of vehicles in residential districts.
In response to Councilmember Age, the City Attorney advised that depending on the
language of the proposed ballot measure, it may be necessary to have this Bill adopted.
He further stated that although this subject matter was an agendized item that was
discussed earlier, the Council is now considering taking action on this Bill, it would be
advisable for the Council to take a vote on placing this issue on the agenda at this time as
a matter that came up following the preparation of the official agenda.
It was moved by Councilmember Kerry, seconded by Councilmember Nicholson, and
unanimously carried to consider AB 1316 at this time since it was brought to the attention
of the City Council following the preparation of the agenda.
It was moved by Councilmember Nicholson, seconded by Councilmember Kerry, and
unanimously carried to support AB 1316 and relate this support to the appropriate State
legislators.
RECREATION & PARK DISTRICT MATTERS:
CONSIDERATION OF SENIOR CITIZENS CENTER ARCHITECT CONTRACT
AGREEMENT AMENDMENT: The City Manager called on the Recreation and Park
Director to summarize the staff report dated April 12, 1991. Marvin DeCarlo stated that
on February 12, 1990, the City Council approved a contract agreement with Sata
Collaborates, Inc., John Carl Warnecke and Associates for design development of the
Cypress Senior Citizens Center. At that time the agreement was calculated on a 1096 of
the estimated cost of the project which was $2,000,000. In October of 1990, the estimate
following the design development phase of that project was increased to 2 million
dollars. Through recent negotiations with the Architect an agreement was reached to
reduce the original 1096 fee to 8.696 of the new project cost which will increase the
overall cost by $15,000. Council is requested to approve the amendment to the agreement
to increase the cost from $200,000 to not to exceed $215,000 and appropriate $15,000 from
the Cypress Recreation and Park District's General Fund to Account No. 4186-12-565-24
to cover this additional cost.
Responding to Mayor Bowman, the Recreation and Park Director advised that although
the square footage remains the same, the estimate and scope of the project did increase
through the request for higher standard materials for the skylight dome, the need for an
acoustic kitchen consultant and increase in the detailed plans of the cabinet and counter
work. Since the project cost has been increased from $2,000,000 to $2,500,000, according to
the Agreement, the architect's fee increases proportionately.
Following discussion, the City Manager advised that he and Marvin DeCarlo met with
representatives of the architectural firm to negotiate the increase, which was substantially
higher, to a more realistic figure. The contractor was advised that the Council would not
be receptive to a full cost recovery of the additional costs; therefore, they did agree to
bear some costs and through further negotiations, staff was able to lower the percentage
of the architect's fees from 1096 to 8.696.
With the concurrence of the- Council, Councilmember Age stated that the Contractor
should be advised that the Council did approve the Amendment but not without
reservations.
The City Attorney corrected a typographical error on line 5 of the Amendment, first
word reads, "purposed", should be "proposed" which has been corrected on the original
copy of the Amendment.
It was moved by Councilmember Nicholson, seconded by Councilmember Kerry, and
unanimously carried that the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, 1) Approve the First Amendment
to Contract Agreement for Multi-Purpose Senior Citizens Complex from not to exceed
$200,000 to not to exceed $215,000; and 2) Appropriate $15,000 from the Cypress
Recreation and Park District's General Fund to Account No. 4186-12-565-24 to cover the
estimated cost of the 17,000 square foot multi-purpose Senior Citizens Complex.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
14
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2 ~ ~ Aril 22 1991
CITY COUNCIL AGENDA p
Marvin DeCarlo advised Mayor Pro Tem Partin that staff has scheduled a walk through
of the Veterans Park on Tuesday and that he believed the oak tree would be delivered on
Friday.
Mayor Pro Tem Partin stated that when the Persian Gulf War started several citizens
approached the Council to dedicate some trees to tie some yellow ribbons on in relation to
the song "Tie a Yellow Ribbon Around an Old Oak Tree" and in Cypress we did not have
an oak tree. He advised the Council that the Park 8c Recreation District along with the
Friends of Park & Recreation have purchased a $2700, 25' high oak tree which will be
located near the eastern entrance of the parking lot at Veterans Park and requested the f.
Council's consideration to dedicate this tree as the official yellow ribbon oak tree of the
City of Cypress in conjunction with the Veterans Park dedication.
The Council concurred and staff was directed to include the dedication of the oak tree
into the Veterans Park dedication program.
Councilmember Kerry requested that an evaluation of the Summer Cultural Arts program
be placed on the Council Agenda for discussion prior to the joint meeting with the
Cultural Arts Commission.
Ms. Jane Wozniak, 4480 Avenida. Granada, Cypress, stated that the discussion of Doris
Allen's Bill AB-1316 should have been brought up along with the RV parking item.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None was presented.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 11:00 p.m. to 4:30 p.m. on
May 13, 1991, in the Administrative Conference Room.
ATTEST: ~
/
15