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Minutes 91-05-13 _ _ 1 ~~9 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 13, 1991 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, May 22, 1991, in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, by Mayor Walter Bowman. PRESENT: Councilmembers Kerry, Nicholson, Partin and Bowman ABSENT: Councilmember Age Also present .were City Manager/City Clerk Darrell Essex, Acting City Attorney Lois Bobak and Steve Copenhaver, a consultant from GRC Development. CLOSED SESSION: The Council immediately recessed the meeting to enter into Closed Session to discuss matters of personnel and litigation. COUNCILMEMBER AGE ARRIVED AT 5:00 P.M. The meeting reconvened at 5:01 p.m. with all Councilmembers present. Also present were staff members Bacock, DeCarlo, Eynon, Haines, Hill, Storey, Thomas and Wicker. WORKSHOP SESSION: 1991/92 Budget Review The City Manager advised the Council of the revenue vs. expenditure situation. The 1991/92 budget will be balanced with one time revenues. He presented offsetting revenue recommendations as a result of the review of the fees and services and those recommendations would be explored as far as new revenue source adjustments. The Finance Director explained the three major operating cost areas outlined in the MSI study that are not being recovered are sewer and storm drain services and street sweeping. He suggested that a fee be levied so that the City may recoup the operating costs and to cover these three services, the fee increase would be approximately $4.90 a month per household. The City Manager asked for Councilmembers' input on any of the proposed fees between now and the next budget meeting. RECESS: Mayor Bowman recessed the meeting at 5:41 p.m. to allow the Council to reconvene in the Council Chamber. The meeting reconvened at 5:45 p.m. with all Councilmembers present and staff members Bacock, DeCarlo, Eynon, Hill, Storey and Wicker also present. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR THE PARKING CITATION MANAGEMENT PROGRAM: The staff report dated April 15, 1991 indicated that the present contract with West-Computil Corporation for the processing of parking citations expires June 30, 1991. Due to the increased operating costs incurred by West-Computil, a $.OS increase in the cost per citation for processing is requested. It was moved by Councilmember Partin and seconded by Councilmember Age to approve a contract for the parking citation management program with West-Computil Corporation, 18700 Beach Blvd., Suite 100, Huntington Beach, CA 92648 for the period July 1, 1991 through June 30, 1992 at the rate of $1.15 per unit. 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 RETENTION OF PROFESSIONAL SERVICES FOR A STRUCTURAL SURVEY FOR THE POLICE DEPARTMENT BUILDING FOUNDATION, PUBLIC WORKS PROJECT NO. 9123: The City Manager summarized the staff report dated April 24, 1991 which indicated that three proposals for the investigation of the cracking and recommendations for remediation and repair of the Police Department building slab and foundation had been received. The Acting Public Works Director answered questions from the Council and Mayor Bowman asked staff if there was any possible recourse against the builder. It was moved by Councilmember Partin and seconded by Councilmember Kerry to authorize the transfer of $1,300.00 from Account No. 4186-11-479-24 to Account No. 4186- 11-445-24 and retain the professional services of Robert Englekirk Consulting Structural 1 S - 240 City Council Minutes May 13, 1991 Engineers, Inc., 17711-A Mitchell North, Irvine, CA 92714 for preparation of a structural survey with recommendations for remediation and preparation of construction documents for the repair of the Police Department Building foundation in an amount not to exceed $16,300.00. 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 PURCHASE OF TRAFFIC SIGNAL CONTROLLER EQUIPMENT, PUBLIC WORKS PROJECT NO. 9135: The staff report dated May 2, 1991, presented by the Acting Public Works Director, indicated that the Engineering Division would like to standardize the traffic signal equipment purchased by the City to one manufacturer which would insure complete compatibility of the City's future purchases of signal equipment with existing equipment. It was moved by Councilmember Age and seconded ~by Councilmember Nicholson to approve the purchase of traffic signal controller equipment from Traconex, 3161 East La Palma, Unit E, Anaheim, CA 92806 in the amount of $27,051.00, including sales tax. 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 RENEWAL OF CONTRACT FOR THE MAINTENANCE OF TWO (2) POLICE MOTORCYCLES: The staff report dated May 6, 1991 requested the renewal of the maintenance contract with V.I.P Motorcycles to maintain both city-owned motorcycles from May 1, 1990 through April 30, 1991. The Police Chief clarified that there were three motorcycles that receive maintenance. Councilmember Partin suggested that any reference to the number of motorcycles be eliminated. It was moved by Councilmember Age and seconded by Councilmember Kerry to authorize the renewal of the maintenance contract agreement for Police motorcycles with V.I.P. Motorcycles, 7241 Orangethorpe Ave., Buena Park, CA 90621 for the period May 1, 1991 M_.„„ through April 30, 1992 and eliminate the reference to the number of vehicles to be maintained. 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 TWO (2) YEAR TROPHY/AWARDS CONTRACT, REQUEST FOR QUOTATION 9001-19: The staff report dated May 3, 1991 was presented by the Recreation and Park Director who indicated that three bids were received for a two (2) year trophy/awards contract which requested two options. Option A would be the 12 commonly ordered trophy/awards styles and Option B, which would be a combination of nylon gym bags in 10 commonly ordered trophy/awards styles. It was moved by Councilmember Nicholson 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) accept bid package #9091-19 received from Los Altos Trophy, Inc., 10871 Bloomfield, Los Alamitos, CA 90720 in the amount of $7,768.32 for Option B; and 2) award the contract for the purchase of trophies/awards to this company for a two (2) year period from May 14, 1991 through May 14, 1993. 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 FIREWORKS TO BE USED FOR THE JULY 4TH CELEBRATION: The staff report dated May 6, 1991 indicated that three proposals were received from three qualified area pyrotechnic vendors. The Multi- agency 1991 July 4th Fireworks Celebration Planning Committee has met and based on the technical and performance references received, staff is recommending that the contract be awarded to Zambelli Internationale provided they can meet the required insurance coverages. If Zambelli cannot meet the insurance requirements, the Committee would accept the second bidder, Pyro-Spectaculars. Responding to Councilmember Age who expressed a concern because the Los Alamitos Race Course will be having a fireworks show the same date, the Recreation and Park Director answered that those fireworks will be displayed after the show at the Los Alamitos Air Station. 2 241 City Council Minutes May 13, 1991 It was moved by Councilmember Nicholson and seconded by Councilmember Kerry that the City Council, acting as ex officio governing Board of Directors for the Cypress Recreation and Park District, 1) accept the bids from Zambelli Internationale Fireworks Inc., P.O. Box 987, Shafter, CA 93263 and Pyro-Spectaculars, P.O. Box 2329, Rialto, CA 92376; 2) award a contract to Zambelli, provided they meet the insurance requirements by award of contract signing, in the amount of $8,100 "A" (includes verbally negotiated program "A" enhancements) for the Fourth Annual Multi-agency July 4th Fireworks Celebration; and 3) if Zambelli cannot meet the insurance requirements, then award the contract to Pyro-Spectaculars, P.O. Box 2329, Rialto, CA 92376 in the amount of $8,500 for the Fourth Annual Multi-agency July 4th Fireworks Celebration. 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 Age requested that under Item No. 24, Consideration of Position on Pending State Legislation SB 708 (Petris), be removed as it has been killed in the State Assembly. It was moved by Councilmember Age and seconded by Councilmember Nicholson to approve the Consent Calendar Items No. 7 through 30 with the exception of the first portion of Item No. 24. 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. 7: Consideration of Approval of City Council Minutes of April 16, 1991 and April 22, 1991. Recommendation: That the City Council approve the Minutes of April 16, 1991 and April 22, 1991, as submitted. Item No. 8: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 9: Consideration of Contract Change Order No. I to the Installation of a New Lighting System in the Cypress Community Center Contract, Public Works Project No. 9023. Recommendation: Receive and file. Item No 10: Consideration of Proclaiming May 19, 1991, as "Peace Day". Recommendation: That the Mayor and City Council officially proclaim May 19, 1991, as "Peace Day" in the City of Cypress. Item No. 11: Consideration of an Application for an Original Alcoholic Beverage License Filed by Steve T. Ogasa and Albert T. Tamanaha, D.B.A. Momiji Restaurant, 6931 Katella Avenue, Cypress. Recommendation: Receive and file. Item No. 12: Consideration of Contract Change Order No. 1 to the Addition to the Maintenance Building at Arnold/Cypress Park Contract, Public Works Project No. 9026. Recommendation: Receive and file. Item No. 13: Consideration of Proclaiming May 19-25, 1991, as "Public Works Week". ecommen ation: That the Mayor and City Council officially proclaim May 19-25, 1991, as "Public Works Week" in the City of Cypress. Item No. 14: Consideration of an Application for an Alcoholic Beverage License Transfer Filed by Michael P. Natale, Dino I. Leiva, and George A. Chami, D.B.A. Via Maria, 9969 Walker Street, Cypress. Recommendation: Receive and file. Item No. 15: Consideration of Attendance to the National Federation of Local Cable Programmers Annual Conference. Recommendation: That the City Council authorize the attendance of Howard Crisp, Media Services Supervisor, and CATV Commissioner Howard Martin to the annual 3 ~ .I City Council Minutes May 13, 1991 conference of the National Federation of Local Cable Programmers to be held on July 24- 28, 1991, in Portland, Oregon, and be reimbursed for all actual and necessary expenses incurred. Item No. 16: Consideration of an Application for an Original Alcoholic Beverage License Filed by Raymond Lai Woo, D.B.A. 2 for 1 Pizza, 9195 Valley View Street, Cypress. Recommendation: That the City Council receive and file the subject application, contingent upon the approval/disapproval of the conditional use permit to be considered by the City Council at a future Council meeting. Item No. 17: Consideration of Acceptance of Demolition and Clearance of Wicker Drive Area Properties, Public Works Project No. 8966. Recommendation: That the City Council: 1) Accept the Demolition and Clearance of Wicker Drive Area Properties, Public Works Project No. 8966, as being satisfactorily completed; 2) Approve payment to Pomona Valley Equipment Rentals, Inc., 11532 East End Avenue, Chino, CA 91710; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon the expiration of one year's guarantee, providing no defects in material or workmanship become evident. Item No. 18: Consideration of a Request From the St. Irenaeus Fiesta Committee for Waiver of Fees for the St. Irenaeus Catholic Church's Annual Fiesta. Recommendation: That the City Council grant the request to waive all required fees for the St. Irenaeus Catholic Church's 20th Annual Fiesta to be held on June 22 and June 23, 1991, with the condition that no-fee electrical and building permits be obtained for carnival activities. Item No. 19: Consideration of Extension of Time for Conditional Use Permit No. 90-10, Drive-Thru Restaurant/Retail Center, 5501 and 5591 Ball Road. Recommendation: That the City Council approve the extension of Conditional Use Permit No. 90-10, for a period of one (1) year, effective June 25, 1991. Item No. 20: Consideration of Recommendation of Traffic Commission Meeting of April 16, 1991. Recommendation: That the City Council approve the recommendation of the Traffic Commission and adopt the Resolution by title only, title as follows, approving the installation of "Stop" signs for north and southbound Belmont Street at Grace Avenue. RESOLUTION NO. 3931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING ATWO-WAY STOP FOR NORTH AND SOUTHBOUND BELMONT STREET AT GRACE AVENUE. Item No. 21: Consideration of Approval of City Engineer's Report for Cypress Corporate Center Landscape Maintenance District No. 1 and Declaration of Intention to Order the Modification of Said Maintenance District No. 1 for Fiscal Year 1991-92, City of Cypress Project No. 8615-90. Recommendation: That the City Council: 1) Adopt the Resolution, by title only, title as follows, approving the City Engineer's Report, dated May 1, 1991, for Cypress Corporate Center Landscape Maintenance District No. 1; 2) Adopt the Resolution by title only, title as follows, declaring Council's intention to order the modification of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 1991-92, subsequent to a Public Hearing on June 10, 1991, pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION NO. 3932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE CITY ENGINEER'S REPORT, DATED MAY 1, 1991, FOR CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1991-92. RESOLUTION NO. 3933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1991-92, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Item No. 22: Consideration of Employment List -Dispatcher I/II. 4 243 City Council Minutes May 13, 1991 Recommendation: That the City Council certify the Employment List for the position of Dispatcher I/II as submitted. Item No. 23: Consideration of Appointing a City Representative to the Orange County Housing Authority Advisory Committee. Recommendation: That the City Council appoint Douglas Hawkins, Assistant Planner, as the City's representative to the Orange County Housing Authority Advisory Committee. Item No. 24: Consideration of Position on Pending State Legislation: AB 883 (Boland) Public Liability for Ministerial Permits and SB 495 (Johnston) Fish and Game Fee De Minimis Standard. Recommendation: That the City Council go on record in opposition to AB 883 (Boland) and SB 495 (Johnston) as outlined in the report, and authorize the Mayor to send letters to the appropriate State officials indicating the City's .positions. Item No. 25: Consideration of Purchasing a Table at the "Cypress Celebrity Waiter Dinner" to Benefit the Leukemia Society of America. Recommendation: That the City Council approve the purchase of a table of eight, at the cost of $200, for the "Cypress Celebrity Waiter Dinner" benefiting the Leukemia Society of America. Item No. 26: Consideration of Continued Participation in the Teaching Scholarship Program. Recommendation: That the City Council continue to support the Cypress High School's Teaching Scholarship Program and authorize two (2) $200 scholarships to be awarded to graduating seniors pursuing teaching careers. Item No. 27: Consideration of Resolution Commending Eagle Scout Craig R. Huffmire. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Eagle Scout Craig R. Huffmire. RESOLUTION NO. 3934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT CRAIG R. HUFFMIRE ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 28: Consideration of Attendance of Mayor Bowman to the 59th Annual Conference of Mayors Sponsored by The United States Conference of Mayors. Recommendation: That the City Council authorize the attendance of Mayor Bowman to the 59th Annual Conference of Mayors sponsored by The United States Conference of Mayors, to be held on June 14-19, 1991, in San Diego, and be reimbursed for all actual and necessary expenses incurred. Item No. 29: Consideration of City Council Attendance at the Mayors and Council Members Legislative Conference Sponsored by the League of California Cities. Recommendation: That the City Council authorize attendance of any interested Council Member to the Mayors and Council Members Legislative Conference sponsored by the League of California Cities, to be held on June 10-11, 1991, in Sacramento, and be reimbursed for all actual and necessary expenses incurred. Recreation & Park District Matters: Item No. 30: Consideration of Acceptance of the Installation of a New Sound System in the Community Center, Public Works Project No. 9011. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Accept the work of Installation of a New Sound System, Public Works Project No. 9011, as being satisfactorily completed; 2) Approve payment to L.A. King Co., 3306 Lime Avenue, Long Beach, CA 90807; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in material or workmanship become evident. END OF CONSENT CALENDAR CLOSED SESSION: Mayor Bowman recessed the meeting at 6:07 p.m. to allow the Council to enter into a Closed Session to discuss personnel and litigation matters. The meeting reconvened at 7:31 p.m. with all Councilmembers present and staff members Bacock, DeCarlo, Eynon, Hill, Storey and Wicker. 5 2~4 City Council Minutes May 13, 1991 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Partin. PRESENTATIONS: Mayor Bowman presented a Proclamation to M/Sgt Richard Taylor commending him for his patriotic service as a member of the U.S. Armed Forces in the Persian Gulf. The Mayor presented Resolutions to Dr. John Hardison, Ms. Jean Sleeper and Ms. Jan McConnell commending them for their work with the rabbits in the Nature Park. Mr. Bruce Duquette, President of the Cypress-La Palma-Buena Park Board of Realtors, awarded Mr. and Mrs. Wallace of Jeanine Lane, Cypress, a plaque commending them on their home in celebration of "American Home Week." The Grand Prize winner, Mr. Ross Krogen also a Cypress resident, was unable to attend this meeting. The City Manager advised that the Council had entered into preliminary discussions on the 1991/92 budget during the 4:30 workshop session. He then summarized the actions taken by the Council during the 5:30 p.m. portion of the agenda. The Acting City Attorney reviewed the discussions held during the Closed Sessions on four items: a workers' compensation claim; the status of negotiations on the Cypress Elementary School property acquisition; the appointment of a Public Works Director and the Oxford School property lease. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mr. Howard Kromer, 6634 Teakwood Street, Cypress, expressed his concern regarding the junk mail left on doorsteps and suggested an Ordinance be prepared to prohibit this type of solicitation. The Acting City Attorney advised that an ordinance of this nature would cause substantial first amendment concerns. Councilmember Age mentioned that she has taken a tour of the Cypress Golf Course and the mounds of dirt are part of the decor. She asked that the Mayor, on behalf of the City Council, send a letter to the Dye Company suggesting that the Cypress citizens have reduced green fees during weekdays and that this issue be considered while fees are being structured. Mr. David Montrinez, 11587 Onyx Street, Cypress, complained about his numerous engagements with the Cypress Police Department and stated that he is seriously considering taking legal action. Mayor Bowman advised Mr. Montrinez to place his complaints and requests in a letter and submit it to the City. 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 Bowman opened the public hearing. The Mayor stated that the City does have a bonus policy in place now and we are attempting to improve on it. He is gathering information about the proposed policy and would like a 30 day continuation of this item. It was moved by Councilmember Kerry and seconded by Councilmember Partin to continue this item to the meeting of June 24, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-7 ONSITE SALE OF BEER AND WINE, CHINA PALACE CHINESE RESTAURANT, 6151 BALL ROAD: The public hearing was opened by Mayor Bowman. The City Manager asked the Planning Director to present the staff report dated April 11, 1991, which represented a request for the onsite sale of beer and wine in conjunction with an existing Chinese restaurant in the Cinnamon Square Shopping Center at 6151 Ball Road. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of this public hearing were posted, published and mailed to all property owners within a 300-foot radius of the subject property. To date, staff has not received any comments on this request. One of the conditions is the Council's ability to limit the restaurant's hours of operation or revoke the sale of beer and wine, subject to a public hearing, if the restaurant creates or contributes to the parking problems at the center. The applicant was not in the audience. 6 24~ City Council Minutes May 13, 1991 Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. No one wished to do so. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing, certify the negative declaration according to the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 91-7, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman - NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 91-1, FOUR AIR CONDITIONING_ UNITS WITHIN THE SIDE YARD, 9711 GRAHAM STREET: Mayor Bowman opened the hearing. The Planning Director presented the staff report dated April 24, 1991, which represented a request to vary from the City of Cypress Zoning Ordinance Section 9.3.a. to allow the installation of~four air conditioning units in the side yard at 9711 Graham Street. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 3. Notices of the public hearing have been posted, published and mailed to all property owners within a 300-foot radius of the subject property. To date, staff has not received any communication regarding this matter. The applicant was in the audience and stated he had nothing to add to the staff report. No one wished to speak in support of the application. Mayor Bowman asked if anyone wished to speak in opposition to the application. Mr. Boyd Lake, 9736 Graham Street, Cypress, stated that he was not opposed to the application but expressed his concern about the possibility of future noise problems. No .one else wished to speak. Councilmember Nicholson stated that she was not normally in favor of placing air conditioners in side yards; however, with the configuration of the property, the side yard is the only practical place. Councilmember Kerry advised that if there are substantiated complaints about noise, the matter can be returned to the Council for further consideration. It was moved by Councilmember Kerry and seconded by Councilmember Partin to close the public hearing and approve Variance No. 91-1 subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF AMENDMENT TO 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 City Manager asked the Planning Director to present the staff report dated April 30, 1991, which indicated that this item was continued from the April 22, 1991 Council meeting wherein Council requested a revision to the proposed ordinance. The revision was to restrict the distance of an air conditioning unit or related mechanical equipment from windows and/or sliding glass doors of adjacent properties. Because it is a modification to the ordinance, although there was a first reading last meeting, it is being brought back again for another first reading on the amended ordinance. Mayor Bowman mentioned that the ordinance doesn't seem to stipulate whether or not the air conditioners are at ground level. The Planning Director advised that a condition could be inserted in the ordinance stating that the units would have to be at ground level. The Acting City Attorney advised taking "including solar collector panels and associated plumbing" out of Section I.A. of the proposed ordinance. The City Manager mentioned that there could be ventilating systems that need to be placed on the roof and if Council is concerned about ground level, further research is needed. Councilmember Kerry suggested this item be continued. It was moved by Councilmember Kerry and seconded by Councilmember Age to continue this item to the Council meeting of May 28, 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 CONTINUATION OF CONSIDERATION OF STATUS REPORT ON RABBITS LIVING IN THE CYPRESS NATURE PARK: The Acting Public Works Director summarized the staff report dated May 1, 1991, which indicated that a veterinarian technician, Jose 7 City Council Minutes May 13, 1991 Lopez, who has been selected by the Kinship With All Life Foundation representative, Jean Sleeper, has been monitoring the rabbits at the Nature Park. The monthly retainer of $200.00 per month was discussed with Mr. Lopez and he felt that the stipend would be adequate for his services. Additionally, staff had a meeting with three volunteers from the community, Ted Hill, Jane Wozniak and Jack Swank, who expressed their willingness to care for the rabbits. Ms. Sleeper also recommended that the City purchase cages to be used for the holding of rabbits during treatment and/or following surgery. Responding to questions from Council, Ms. Sleeper replied that she estimated there are approximately 80 rabbits in the Nature Park and provided the status report on the conditions in the Park. Mr. Jack Swank, 9849 Via Sonoma, Cypress, congratulated staff on the care the rabbits have been receiving, the volunteers are satisfied and a majority of the people in Cypress want the rabbits to stay. ' Councilmember Nicholson commented that she would like to see the City continue what they are presently doing for the rabbits. The Acting City Attorney suggested that if the Council wishes to pay Mr. Lopez a stipend that they consider entering into a brief contract so potential liability problems can be set forth in writing. Councilmember Partin stated that Cypress rabbits have now become a budget line item, they have accrued something like $17,000 in charges last year and he was unaware if the people of Cypress were willing to maintain this item when it becomes a line item in the budget. He expressed his misgivings about maintaining this program, the City is facing a budget crisis, new revenues may have to be established and before any type of long term agreement is entered into, we should seriously consider how long we intend to maintain the rabbits and if the City can afford to do so. After some discussion, Mayor Bowman stated that the Nature Park is not the right spot for rabbits. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated that the volunteers would care for the rabbits and find homes for the excess rabbits. It was moved by Councilmember Nicholson and seconded by Councilmember Age to continue the present system of caring for and monitoring the rabbits in the Nature Park for the next six months with a status report to Council at the end of that time and approve the expenditure of $200.00 for cages. Councilmember Age requested that the rabbit adoption program be publicized as much as possible. Councilmember Kerry suggested continued monitoring of the City's costs and advised of the need to keep them to a minimum. She stated she would support the motion. Mayor Bowman stated that he would vote against the motion because the Nature Park is not conducive to rabbits. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age, Kerry and Nicholson NOES: 2 COUNCILMEMBERS: Partin and Bowman ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR CITY COUNCIL INTERPRETATION OF FENCE MATERIAL REQUIREMENTS ALONG CERRITOS AVENUE AS SPECIFIED IN THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN: The Planning Director reviewed the staff report dated May 6, 1991 which represented a request to replace an existing fence along Cerritos Avenue with a six foot high green colored vinyl coated chain link fence. The landscaping in front of this fence will consist of a four foot wide planting strip which will contain five gallon Escallonia shrubs planted four feet on center. Since this request is only for an interpretation of the Cypress Business & Professional Center Specific Plan and not for approval of a specific application, it is considered not to be a project according to the requirements of the California Environmental Quality Act. Ms. Cynthia McGarey, Dye Designs, 5500 East Yale Avenue, Denver, CO, stated that the reason they chose Cerritos Avenue rather than Katella Avenue is because the Specific Plan calls for a five foot high hedge making the fence invisible from the street and the fence companies thought it wiser to choose a lower maintenance fence than wrought iron. Responding to Councilmember Nicholson, Ms. McGarey replied that the proposed vinyl coated chain link fence would be along Cerritos and Denni Street. Councilmember Kerry expressed a concern about the term "equivalent" which can be interpreted to mean many things in this matter and suggested referring the item back to staff for a review of the financial consideration between the two types of fencing. 8 ` 247 City Council Minutes May 13, 1991 Councilmember Partin stated that "equivalency" in this case meant securing the golf course from either inside or outside and he believed that a chain link fence that would eventually be completely screened by a hedge is adequate for that installation and he does not have a problem allowing chain link fencing down Cerritos and Denni. After some discussion, it was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the Council meeting of May 28, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AMENDMENTS TO THE COUNTY OF ORANGE HAZARDOUS WASTE MANAGEMENT PLAN: The Acting Public Works Director referred the presentation of the staff report dated May 3, 1991 to Gonzalo Vazquez, Administrative Analyst in the Public Works Department. The report indicated that the Council would be considering amendments to a plan adopted by Council on March 27, 1989 for managing the County's hazardous wastes. Subsequently, the County's plan was disapproved and new language was drafted which is included in the proposed amendments to the Orange County Hazardous Waste .Management Plan. Upon approval of the proposed amendments to the Plan by the City, the County will transmit the Plan to the State Department of Health Services for approval. It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving amendments to the Orange County Hazardous Waste Management Plan. RESOLUTION NO. 3935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN PER AB 2595 (TANNER 1990). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REVISED 72-HOUR PARKING VIOLATION/WARNING NOTICE: The Police Chief referred to the staff report dated May 8, 1991, which indicated that the 72-Hour Parking Violation/Warning Notice was revised to reflect that the notice was a warning and not an actual citation. It was moved by Councilmember Partin and seconded by Councilmember Age to receive and file. 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 AMENDMENT TO CLASSIFICATION TITLES AND PAY RATES FOR TEMPORARY AND SEASONAL EMPLOYEES: The City Manager requested the Personnel Director to summarize the staff report dated May 6, 1991, which presented a proposed classification specification and compensation for atemporary/part-time position entitled Reserve Police Officer -Technical for Council consideration. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, amending Resolution No. 3703. RESOLUTION NO. 3936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 3703 BY ADDING A CLASSIFICATION TITLE AND PAY RATES FOR RESERVE POLICE OFFICER -TECHNICAL AND CHANGING PAY RATES FOR THE CLASSIFICATION OF RESERVE POLICE OFFICER. 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 ESTABLISHING A PROGRAM RECOGNIZING A CYPRESS FAMILY OF THE YEAR: Mayor Bowman stated that he had met with people during the past several weeks who had suggested that the City establish a program to recognize a Family of the Year for the City of Cypress in conjunction with several of the community 9 ! ~ , 248 City Council Minutes May 13, 1991 organizations. The Mayor proposed that the Council consider recognizing more than one family and part of the function of the nominating committee would be to select criteria. Councilmember Kerry suggested that the committee also invite the PTA Council or individual PTAs to participate. Mayor Bowman proposed that an announcement be placed in the Cypress City Newsletter asking for people to serve on the committee. It was moved by Councilmember Age and seconded by Councilmember Kerry to establish a program of recognizing a Family of the Year for 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 44804 - 45034: It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the Warrants No. 44804 through 45034 in the amount of $1,121,220.51. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Recreation & Park District Matters CONSIDERATION OF CYPRESS COMMUNITY CULTURAL ARTS PROGRAMS: The Recreation & Park Director summarized the staff report dated May 8, 1991 evaluating the Cypress Community Cultural Arts Programs during the past year sponsored by the Recreation & Park District. Many of the activities have heavy volunteer participation and are organized and planned by volunteers. Mayor Bowman referred to the memo received from Mr. Malcolm Johnson of the Recreation & Park District regarding a Cultural Arts Assessment Committee and it appeared that May 17, 1991 for the first committee meeting was premature inasmuch as the Council hasn't had an opportunity to review applicants for the committee. Anyone interested in serving on the Cultural Arts Assessment Committee should contact the Recreation & Park Director or Malcolm Johnson. The City Manager suggested that the Council set some deadlines for receipt of applications. The Recreation & Park Director stated that the future facility requirements for cultural arts need to be identified along with their future funding. At the end of the project, Recreation & Park Department will be working with a consultant to make an appropriate recommendation to the community through the City Council. It was moved by Councilmember Age and seconded by Councilmember Kerry to receive and file the report. The request will be announced in the News-Enterprise and the deadline will be the middle of June. 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 Mayor Bowman commented on the need for a Master Calendar for the City and a marquee announcing upcoming City events. There is a sign in front of the Community Center but it has been suggested that one be placed on the southwest corner of Katella Avenue and Valley View Street. The City Manager advised that staff would look at the entire sign ordinance as it relates to marquees and return to Council with suggestions. Mayor Bowman suggested that in order to solicit retail/commercial business in the City, a video be compiled on the City of Cypress and sent to some of the larger retail businesses. The City Manager suggested this item be the subject for discussion at the next budget meeting. a Mayor Bowman asked why the City doesn't participate in Student Government Days. The City Manager responded that the City has offered to participate for many years and Cypress College used to participate every year. Councilmember Partin reported on the Second Annual "Loyalty Day" sponsored by the local VFW chapter and the ceremony held at the City Hall on April 27, 1991 with approximately 20 to 25 VFW members participating along with 50 to 75 citizens. After the ceremony, luncheon was served at the Cypress Senior Citizens Center. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. 10 249 City Council Minutes May 13, 1991 ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:30 p.m. to 5:00 p.m., Monday, May 20, 1991 in the Administrative Conference Room. ATTEST: f 11