HomeMy WebLinkAboutMinutes 91-05-28 u Aa
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MINUTES OF A REGULAR MEETING OF
THE CITY OF CYPRESS
HELD
May 28, 1991
The Regular Meeting of the Cypress City Council was called to order at 4:36 p.m.,
Tuesday, May 28, 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 Acting City Manager/Planning Director Chris Eynon, Acting City
Attorney John Cavanaugh and staff members DeCarlo and Johnson.
x` WORKSHOP SESSION: Joint Meeting With the Cultural Arts Commission.
A joint meeting was held between the City Council and the Cypress Cultural Arts
Commission. The first item introduced by Cultural Arts Chairman, Lynda Lacayo, was
Cypress Cultural Needs Assessment. Mr. Malcolm Johnson explained that the Council had
indicated a desire to hire a consultant to assess those cultural needs and also utilize a
volunteer committee throughout that process so there will be an opportunity to provide
input to the consultant with the involvement of the entire art community. After some
discussion of costs, Mayor Bowman suggested that the consultant's involvement might be
limited to gathering data and providing assistance on analyzing the data. The
Committee's purpose should be to decide the options and consider them all from a broad
range of people in the community. There was discussion on prospective volunteers, who
would contact them and what questions might be in the survey.
In summary, requests for proposal will be reviewed by Council in approximately 45 days,
prior to being distributed to several consultants, to conduct a survey addressing the
cultural needs of the City with maximum input from a broad segment of the community
with limited input from the consultants.
The possibility of a City owned/operated Cultural Arts Center was discussed, the size of
the complex, the needs that it would fulfill and possible sites taking into consideration
the parking needs.
The third item for discussion was Cypress Art in Public Places/Public Art Program as a
place to display some of the works of art that the Cultural Arts Commission has acquired,
provide accessibility to that art and cited the City of Brea's program. The Commission
discussed the need for advertising to get as many people involved as possible and to
attend their programs. Mayor Bowman asked staff to research the cost of additional
banners to advertise Cultural Arts programs.
RECESS: Mayor Bowman recessed the meeting at 5:45 p.m. to enable the Council to
reconvene in the Council Chambers. The meeting reconvened at 5:53 p.m. with all
Councilmembers present and staff members Bacock, DeCarlo, Hill, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to
speak.
CONSIDERATION OF AWARD OF CONTRACT FOR LAW ENFORCEMENT
TELEVISION NETWORK: Police Chief Wicker presented the staff report dated May 9,
1991 which represented a request for the renewal of the contract with the Texas-based
Law Enforcement Television Network (L.E.T.N.) which provides critically needed news
and information in a format especially suited to the needs of modern law enforcement.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to award
a contract to Law Enforcement Television Network, 1303 Marsh Lane, Carrolton, TX
75006 from July 1, 1991 to June 30, 1992 for L.E.T.N. broadcasts in the amount of
$5,856.00. 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 AWARD OF CONTRACT FOR ALARM ORDINANCE
ADMINISTRATION: The staff report dated May 9, 1991 requested the renewal of a
contract with City Permit Systems to administer the City's alarm ordinance for 40% of
the fee for each alarm permit and 40% for false alarm fees collected up to $50,000 on an
annual basis.
It was moved by Councilmember Age and seconded by Councilmember Kerry to award a
one year contract for alarm ordinance administration to City Permit Systems, 31921
Camino Capistrano, San Juan Capistrano, CA 92675, effective July 1, 1991 and be paid
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with funds from Account Number 4189-11-174-05. 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 RENEWAL FOR ANNUAL SCHOOL
BUS CONTRACT, REQUEST FOR QUOTATION NO. 8990-30: The staff report dated
May 15, 1991 indicated that an award of contract was made to Transportation Charter
Services, Inc. on June 26, 1990. That contract allowed for the option to renew for an
additional one year period at existing prices or new pricing not to exceed a maximum
specified by the contractor in his bid. Transportation Charter Services, Inc. has proposed
the following prices fora 55 passenger school bus, $1.90 per mile or $36 per hour or $240
minimum (whichever is greater) and fora 90 passenger school bus, $2.10 per mile or $39
per hour or $285 minimum (whichever is greater).
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry that
the City Council, acting as the ex offico governing Board of Directors for the Cypress
Recreation and Park District approve the contract renewal for Transportation Charter
Services, Inc., 100 S. Anaheim Blvd., #310, Anaheim, CA 92805 for school bus
transportation for a period of one additional year at the prices quoted above. 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 RENEWAL FOR ANNUAL RECLINER
BUS CONTRACT, REQUEST FOR QUOTATION NO. 8990-31: The staff report dated
May 14, 1991 indicated that an award of contract was accepted from Hot Dogger Tours,
Inc. on June 26, 1990 with an option to renew for an additional one year period at
existing prices or new pricing not to exceed a maximum specified by the contractor in his
bid. Hot Dogger Tours, Inc. has proposed the following prices for the additional year,
which are within the 10% allowable as specified in the original quote: $2.25/mile,
$44/hour, $260 five hour minimum, $800 Rose Parade.
It was moved by Councilmember Age and seconded by Councilmember Nicholson that the
City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District approve the contract renewal for Hot Dogger Tours, Inc.,
12110 E. Philadelphia, Whittier,. CA 90601 for recliner bus transportation for a period of
one additional year at the above mentioned costs. 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 ADDITIONAL REPAIRS TO TREE TRIMMERS BOOM TRUCK:
The staff report dated May i 7, 1991 indicated that three bids were received for extensive
repairs to the hydraulic system of the tree trimmers boom truck. Upon complete
disassembly, a detailed inspection revealed a major electrical wiring loom needed repair
and would increase the cost of repair by an additional $600.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
dispense with formal bidding and award the contract to Truck Hydraulic Equipment Co.,
14341 E. Proctor Ave., Industry, CA 91746 in an amount not to exceed $2,968.00. 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 RENEWAL OF CITY PHOTOCOPIER LEASE: The Assistant City
Nfanager summarized the staff report dated May 20, 1991, which represented a request for
the renewal of the photocopier lease and Kodak has offered the City three options, one of
which is to upgrade the current copier to a new Kodak Ektaprint 90ESS copier. The City
has the option to dispense with formal bidding if it buys on the State contract. Since
Kodak is offering $3,783 in credits in addition to the State contract price, the staff
recommended that the City Council determine that it is in the best interest of the City to
purchase the Kodak copier at the State contract price through the dollar-lease purchase
program. These credits, which are available only to government agencies and to Cypress
as a result of the previous operating lease, if renewed, reduces the $19,690 list price for
the 90ESS copier to $10,000.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
determine that it is in the best interest of the City to dispense with formal competitive
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City Council Minutes May 28, 1991
bidding pursuant to City Code Section 21A-8F and authorized the staff to enter into the
Kodak Ektaprint 90ESS photocopier lease agreement as outlined in the report.
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR EQUIPMENT SHELTERS,
REQUEST FOR QUOTATION NO. 9091-20: As stated in the staff report dated May 16,
1991, two bids were received for three heavy duty single door opening equipment shelters.
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council, acting as the ex offico governing Board of Directors for the Cypress
Recreation and Park District: 1) accept bid package #9091-20 received from Capitol
Enterprises, 2718 E. Huntington Drive, Duarte, CA 91010 in the amount of $3,702.30; and
2) award the contract for the purchase of three equipment shelters from this company in
the amount of $3,702.30. 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 SK/lOK RUN T-SHIRTS,
REQUEST FOR QUOTATION NO. 9091-21: As indicated in the staff report dated May
16, 1991, six bids were received for 1,550 short sleeved T-shirts and 200 tank tops with
SK/lOK run imprint.
It was moved by Councilmember Kerry and seconded by Councilmember Age that the
City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District: 1) accept bid package #9091-21 received from Program
Designs, P.O. Box 4324, Huntington Beach, CA 92605, not to exceed the amount of
$8,295.82; and 2) award the contract for the purchase of SK/lOK Run T-shirts to this
company in an amount not to exceed $8,295.82. 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.
Mayor Bowman stated, for the record, that in an Addendum to the City Council Agenda,
Item No. i5A was added to the Consent Calendar. Councilmember Nicholson asked that
Item No. 13, Consideration of Design Review committee's Denial of DRC #91-8 be
removed for further discussion.
It was moved by Councilmember Partin and seconded by Councilmember Age to approve
Consent Calendar Items No. 9 through 15A, with the except of Item No. 13. 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. 9: Consideration of Approval of City Council Minutes of May 13, 1991.
Recommendation: That the City Council approve the Minutes of May 13, 1991, as
submitted.
Item No. 10: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
It..m No. 11: Consideration of City Council Attendance at the League of California
Cities' Mayors and Council Members Executive Forum.
Recommendation: That the City Council authorize attendance of any interested Council
Member to the Mayors and Council Members Executive Forum sponsored by the League of
California Cities, scheduled for July 10-12, 1991, in Monterey, CA, and be reimbursed for
all actual and necessary expenses incurred.
Item No. 12: Consideration of Contract Renewal for Looseleaf Supplements With the
Municipal Code Corporation.
Recommendation: That the City Council approve the renewal of the contract with
Municipal Code Corporation for looseleaf supplements for the period of August 1, 1991
through July 31, 9992, under the same terms and conditions of the current contract.
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Lity Louncil Minutes May 28, 1991
Item No. 14: Consideration of Storm Drain Reimbursement Agreement, Tract 14420,
Henard Development, 5409-5433 Camp Street.
Recommendation: The the City Council approve the subject Agreement with Mr. Kerry
Henard as outlined in the report and authorize the Mayor to execute and the City Clerk
to attest the Agreement.
Item No. 15: Consideration of Renewal of Towing Service Contract.
Recommendation: That the City Council approve the renewal of the contract for auto
towing service with Cypress Auto Tow for the period of July 1, 1991 -June 30, 1994, at
the new established hourly service fee schedule dated January 31, 1991.
Item No. 15A: Consideration of Promotional Employment List -Associate (Civil)
Engineer.
Recommendation: That the City Council certify the Promotional Employment List for the
position of Associate (Civil) Engineer.
END OF CONSENT CALENDAR
Regarding Consideration of Design Review Committee's Denial of DRC #91-8,
Councilmember Nicholson asked if staff was going to come back to Council on this
Design Review. The Planning Director stated that the property owner has submitted a
plan that conforms with City Code and staff has approved the Design Review.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
approve DRC #91-8. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the
Resolution by title only, title as follows, approving CUP No. 91-7.
RESOLUTION NO. 3937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-7 -WITH CONDITIONS (ON
SITE SALE OF BEER AND WINE, CHINESE RESTAURANT, 6151 BALL ROAD).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the
Resolution by title only, title as follows, granting a Variance 91-1.
RESOLUTION NO. 3938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS TO ALLOW THE INSTALLATION OF FOUR AIR-
CONDITIONING UNITS IN THE SIDE YARD (9711 GRAHAM STREET).
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
_CLOSED SESSION: Mayor Bowman recessed the meeting at 6:06 p.m. to allow the Council
to enter into Closed Session to discuss personnel and litigation matters. The meeting
reconvened at 7:37 p.m. with all Councilmembers present and staff members Bacock,
DeCarlo, Hill, Storey and Wicker also present.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age.
The Acting City Manager advised that the City Council conducted a workshop session
with the Cultural Arts Commission discussing the Cypress cultural needs assessment, City
ownedjoperated Cultural Arts Center and Cypress Art in public places and a public art
program. She then summarized the actions take by the Council during the 5:30 portion of
the Agenda.
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City Council Minutes May 28, 1991 2J
The Acting City Attorney reviewed the discussions held during the Closed Session on four
items: possible prosecution of a zoning violation; possible litigation regarding a dispute
with a County agency; personnel matters and pending litigation involving other
jurisdictions.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Ms. Rosemary Warren, 6241 Ferne Avenue, Cypress, representing HOPE, stated HOPE
must move from its present location in the Cypress Elementary School. She asked the
Council's help in finding a permanent home for their clothing room and food bank in
City-owned property or subsidize the rent necessary for a suitable place.
The Assistant City Manager reported that staff has been reviewing the situation over the
past several months and have found nothing available in City. The Cypress Elementary
School District does not have a facility available and private organizations have been
contacted to determine if they could provide accommodations. The move out date has
been extended to after July 1, 1991. Councilmember Age asked that as the staff continues
their search, reports be made to the Council.
Councilmember Age reported that one of the Cypress police dog was stabbed in the line
of duty. Responding to Councilmember Age, the Acting City Attorney and the Police
Chief advised of the various penalties for this kind of a crime.
Mayor Bowman advised that Chief Wicker was selected the class speaker at the Command
College. Also, the Police Department held their annual awards ceremony and the
employee of the year is Cindy Godinez, officer of the year is Scott Foster and the citizen
of the year is Patricia Vales.
The Mayor reported that a recognition ceremony was held at Cypress High School for
outstanding students. The Cypress College Girls Softball team won the State junior
college title and the Cypress College Boys Baseball team won the State title.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No
one wished to speak.
Mayor Bowman noted, for the record, that Item No. 33A, Consideration of Resolution
Supporting the Please II Fire Equity Study, had been added to the Agenda.
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL
PERMIT - MR. NATHAN T. EDWARDS -AUSTIN DIVERSIFIED PRODUCTS, INC.:
Mayor Bowman opened the public hearing. The Acting City Manager presented the staff
report dated May 22, 1991 which represented a request for an application to allow door-
to-door solicitation for the sale of an all-purpose cleaner from Mr. Nathan T. Edwards of
Austin Diversified Products, Inc., 15954 Downey Avenue, Paramount, CA 90723. The
Affidavits of Publication and Posting of the Public Hearing Notice on this rnatter are on
file in the Office of the City Clerk and, as of this date, no written communications have
been received either in favor or in opposition to this Special Permit application.
In accordance with Section 15-62 of the Cypress City Code, the City Council, having
received the report from the Chief of Police and conducting a Public Hearing, is to
determine whether or not the operation of the business will comport with the peace,
health, safety, convenience, good morals and general welfare of the public, or that the
applicant or other persons responsible for the management or supervision of the business
is unfit to be trusted with the privileges granted by such special permit or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity.
The applicant was not in the audience. No one wished to speak in support of or in
opposition to the application.
Responding to Councilmember Kerry, the Police Chief answered that if the permit is
approved, Austin Diversified is required to submit a list of names, dates of birth, drivers
license number of all those who those who will solicit.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to close
the public hearing and approve the application with the condition that solicitation be
limited to Monday through Saturday, from 9:00 a.m. to 6:00 p.m. (daylight hours only).
The motion unanimously approved by the following roll call vote:
AYES: 5 COUNCiLMEMBERS: Agc, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-8,
CONVENIENCE MARKET WITH OFF SITE SALE OF BEER AND WINE, 5591 BALL
ROAD: The public hearing was opened by Mayor Bowman. The Acting City Manager
stated that the applicant had requested that this item be continued.
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City Council Minutes May 28, 1991
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
continue this hearing 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. 91-9
ON SITE SALE OF BEER AND WINE CHINA DRAGON CHINESE RESTAURANT
6940 KATELLA AVENUE: Mayor Bowman opened the hearing. The Acting City
Manager summarized the staff report dated April 26, 1991, which represented a request
f
by Wei-Liang Hwang for the sale of onsite beer and wine in conjunction with an existing
Chinese food restaurant in the Cypress Fashion Plaza located at 6940 Katella Avenue. In
accordance with the California Environmental Quality Act, a Negative Declaration will
be filed for this project. A Notice of Intent to File a Negative Declaration has been
posted along with a notice of public hearing which was published, posted 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.
Mr. Wei-Liang Hwang, 438 S. Rosebud Court, Anaheim, owner of the China Dragon
Restaurant, stated he desired to have the onsite sale of beer and wine for his customers to
enhance their dining.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
application. No one wished to speak.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry 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-
9, subject to the conditions in Exhibit "A". The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING
ORDINANCE NO. 90-4, SECTION 10.1 COMMERCIAL USES: Mayor Bowman declared
the public hearing open. The Planning Director summarized the staff report dated May 8,
1991, which described a need to clearly define firearm sale regulations per Section 12001
and 12001.1 of the California Penal Code. The amendment to the Zoning Code Section
10.1 Commercial Uses was presented and approved by Council in the Spring of 1990.
Currently, the ordinance permits the sale of firearms under sporting good uses. Proposed
revisions have been incorporated in an effort to clarify this ambiguity, which created an
unclear intent regarding the requirements for approval since the different types of
firearms are not delineated. Also added were the correct designations for publishing
businesses which should read, "allowed in the Commercial General (CG) and Commercial
Heavy (CH) with a conditional use permit."
Mayor Bowman asked if anyone wished to speak in favor of or opposition to the proposed
amendment. No one wished to speak.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
approve the first reading of the Ordinance by title only, title as follows, to amend the
Zoning Code Section 10.1. Commercial Uses as submitted.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 10.1 OF THE APPENDIX I, "ZONING," OF THE CODE
OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None ,
ABSENT: 0 COUNCILMEMBERS: None
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 Acting City Manager/Planning Director reviewed the staff
report dated May 15, 1991, which presented additional language pertaining to the ground
mounting of air conditioning units and/or related mechanical equipment and allowing for
the venting systems that need to be on roofs or sides of buildings.
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City Council Minutes May 28, 1991
Responding to Councilmember Kerry's question on motorized attic fans, the Planning
Director stated that she could clarify attic fans and return to Council with that wording.
Mayor Bowman wished to assure that air conditioning units to be mounted on the second
floor would go through the permit process for review. The Planning Director suggested
that paragraph A of Section 9.3 be further revised to read, "In all residential zones, all air
conditioning units, except portables...."
After some discussion, Councilmember Kerry commented that the phrase "and all other
mechanical devices shall be ground mounted" could be construed to include attic fans.
The Acting City Manager stated that staff would address Council's concerns and bring
back the proposed ordinance at the next meeting.
The Acting City Attorney advised that sufficient notice be delineated as to whether there
are violations or not. He suggested a subparagraph be inserted, which would read, "The
following devices would be exempt from the foregoing prohibitions..." and then list those
specific items and then bring the item back to the Council. Mayor Bowman concurred.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue this item to the June 10 meeting. 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 DISCUSSION OF SURVEY ON STANTON
CHANNEL BIKE PATH: The Acting City Manager called upon the Acting Public Works
Director to present the staff report dated May 21, 1991, which described a proposed
opinion survey to be sent to residents contiguous to the Stanton Channel Bike Path.
Councilmember Age stated that two items were addressed on the survey. Those items
were the raising of the block wall and the lighting, and clarification was needed that
these proposed improvements would not be at the City's expense. Councilmember Kerry
suggested the following Language, "I would be willing to pay to raise the existing block
wall that separates the bike path and the homes to the south if a group rate could be
arranged." Councilmember Nicholson mentioned that there were several things regarding
the lighting and she was opposed to the installation of the lighting on the bike path
because it could cause more problems than it would solve. Mayor Bowman stated that he
believed the property owners contiguous to the bike path should make a determination
and he would like to see all the options listed on the questionnaire. Councilmember
Kerry mentioned that the installation of any light standard would be on the residents'
property and they would also be providing a power source for the lighting.
Councilmember Nicholson requested that the cost to the City for the lighting be indicated
in the letter. Mayor Bowman suggested that "at my expense" be inserted in both block
wall questions and that "ort my property" be inserted in both questions on the lighting.
Councilmember Age suggested that it be made known that the City is willing to
coordinate the block wall effort for a group rate.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
continue this item to June 10, 1991 so the wording of the proposed survey can be
reviewed by Council. 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 FENCE AT LART GOLF COURSE: The
Acting City Manager summarized the staff report dated May 21, 1991 which indicated
that staff was directed to provide additional information, such as photographs and
addresses of facilities currently utilizing the proposed fencing material and return with
that information at the May 28, 1991 City Council meeting.
Subsequent to the original request for the change in fence materials, additional issues
regarding the expanded parkway, maintenance of the parkway and the landscaping of the
parkway have surfaced. Staff views these issues as being related in that each of these
items could impact the aesthetic value of the streetscapes along Katella Avenue (west of
Siboney) and Cerritos Avenue. Therefore, staff is recommending these items be resolved
concurrently and not on an incremental basis.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
continue this item to the June ]0, 1991 meeting.
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes
May 28, 1991
CONSIDERATION OF AGREEMENT REQUIRED FOR TENTATIVE TRACT MAP NO
90-245 AND CONDITIONAL USE PERMIT NO. 91-3, GRACE CHURCH
DEVELOPMENT: The Acting City Manager presented the staff report dated May 17,
1991, which indicated that in the Council's approval of the Grace Church development, a
condition was imposed that required an amendment to the Cypress Business and
Professional Center Development Agreement. The purpose of the amendment is to include
the condition that if the Los Alamitos Race Track parcel is ever sold and the new owners
change the use, then the race track parcel and the Grace Church parcel would be
reconfigured into regularly shaped parcels to facilitate uniform development. An
alternative to amending the Development Agreement is to approve a separate "subdivision
agreement" between the City, the property owners of the Grace Church and the race track
parcel. The City has posted and published the Notice of Intent to file a Negative
Declaration for the Agreement in compliance with the guidelines of the California
Environmental Quality Act. When the subdivision agreement is brought before the City
Council, action on the environmental determination will be taken.
The Acting City Attorney advised that the parties to the Agreement would be the race
track and church property owners and would be recorded against the property so it would
be binding upon all subsequent owners.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to receive
and file the staff report. 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 AN AMENDMENT TO THE CITY-WIDE STREET SWEEPING
SCHEDULE AND CHANGES IN THE TRASH ROUTES SCHEDULE: The Acting City
Manager referred the presentation of the staff report dated May 17, 1991 to Jamie
Herbon. Ms. Herbon stated that the City of Cypress will begin an automated residential
curbside recycling program the week of July 15. With the goal of minimizing changes in
the trash routes and the residential street sweeping schedule, a balanced trash route
schedule was developed. The proposed trash route schedule required a few adjustments to
the existing street sweeping routes; therefore, staff proposed a revised residential street
sweeping schedule. Briggeman Disposal Services has agreed to change the collection start
time from 6:00 a.m. to 7:00 a.m. The Police Department indicated that there will be a 60
day grace period before issuance of parking violation citations in the areas to be changed. ,
Responding to Councilmember Kerry, Ms. Herbon stated that citizens will be advised of
these trash route schedule changes which will be publicized in numerous brochures and
mailings through Briggeman Disposal and the City at least three times prior to the change.
Notification will be provided either in the mail or at the door step of homes in the
affected areas the third week in June.
It was moved by Councilmember Partin and seconded by Councilmember Age to adopt the
Resolution by title only, title as follows, adopting the City-wide street sweeping schedule,
direct the City Engineer to post signs specifying "No Parking" as designated, at
appropriate locations and the Police Department to allow a 60 day grace period on all
parking violations after the street sweeping signs have been installed.
RESOLUTION NO. 3939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING THE CITY-WIDE STREET SWEEPING SCHEDULE.
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 A SECOND AMENDMENT TO THE CATV FRANCHISE
AGREEMENT: The Assistant City Manager presented the staff report dated May 20,
1991, which indicated that the City Attorney's office had negotiated the final wording on
a second amendment to the Cable Television Franchise Agreement reflecting the
reallocation of seven of the institutional network channels for use on the residential
subscriber network as authorized by the City Council. The usage of the seven channels is
subject to a separate Memorandum of Understanding. There is an exception in the A"
Memorandum that indicates that OCN and BET services, which have been temporarily
provided by Copley/Colony, would not be subject to the initial survey and notice
requirements.
Councilmember Kerry expressed her concern on the release of seven channels with no
knowledge of the kind of programming that will be cablecast and the inability to control
that programming. She requested that the release of channels be one at a time as needed.
Councilmember Age concurred.
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May 28, 1991
The Assistant City Manager explained that the incentive is very low for the cable
company to keep coming back and it would discourage them by requesting the channels
be released one at a time. Councilmember Nicholson opted for the release of one channel
at a time and when the cable company has something acceptable to air, then return to the
Council with the request.
Mr. Larry Carragher, 4552 Marion Avenue, Cypress, General Manager of Copley/Colony,
stated that Copley/Colony would like to enhance their service by adding programs for the
subscribers. It is to the company's best interest to please existing subscribers and to
encourage new ones by cablecasting what subscribers want to see. The Franchise
rt Agreement requires that the company do a statistically valid survey for each channel and
request input from the City as they have in the past.
The Assistant City Manager noted that anytime Copley/Colony wants to conduct a survey
to decide that a program is not being favorably received in comparison to other types of
programs, they could make the change and the Council would not have any further input
than they would have under the amendment. The City Attorney advised that this whole
area of cable programming is preempted by Federal law, the proposal the cable company
is making is probably an accommodation to the City and there is really no way that the
Council can control the cable company's programming.
It was moved by Councilmember Kerry to release the seven channels one by one. This
motion failed due to a lack of a second.
Councilmember Partin remarked that the City has had the 17 channels in reserve for
nearly half of the duration of the Franchise Agreement and they have been useless to the
citizens of Cypress. If Copley/Colony can market the seven channels, let the citizens get
the use of them rather than the City holding them because they still have ten institutional
channels available. He supported approving the staff recommendation.
Mayor Bowman stated he would be more comfortable if the Council saw survey results
and the programs Copley/Colony would cablecast.
After some discussion, it was moved by Councilmember Nicholson and seconded by
Councilmember Kerry to continue this item off-calendar meaning that Copley/Colony can
return to Council once they have proposed programming. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Bowman
NOES: 1 COUNCILMEMBERS: Partin
ABSENT: 1 COUNCILMEMBERS: None
CONSIDERATION OF JOINT CYPRESS/LA PALMA CATV FRANCHISE FEE AUDIT:
The Assistant City Manager summarized the staff report dated May 20, 1991, which
indicated that the City of La Palma has been considering an audit of the cable television
franchise fees and since Copley/Colony is the same cable operator, the City Manager and
the Assistant Manager met with the City of La Palma to discuss a joint audit. City staff
supports joining with the City of La Palma to perform this limited type of procedure
review in order to determine if there are revenues or other procedures which have been
used by Copley/Colony to adversely affect the franchise fees paid. Should sufficient
concern be raised about the procedures or documentation provided by Copley/colony, a
comprehensive audit would be in order and the cost would be paid by Copley/Colony
should the audit indicate a significant franchise fee shortfall.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to: 1)
authorize participation in a joint Cypress/La Palma Limited procedures review of the
Copley/Colony CATV franchise fees by Diehl, Evans and Company in the amount of
$3,250; and 2) appropriate $3,250 from the balance of the General Fund to Account
#4189.11-119.02. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF DISCUSSION REGARDING SPECIAL GREEN FEES FOR
CYPRESS RESIDENTS AT THE NEW CYPRESS GOLF CLUB: This issue was brought
up at the May 13, 1991 Council meeting by Councilmember Age and is placed on the
agenda for further discussion and direction by the City Council.
Councilmember Age stated she would like a letter sent to the Dye Corporation from
Mayor Bowman on behalf of the Cypress City Council requesting that they consider
discounted green fees during the week for Cypress residents.
It was moved by Councilmember Age and seconded by Councilmember Kerry to direct
staff to compose a letter for Mayor Bowman's signature to be sent to the Dye Corporation
requesting consideration be given to Cypress residents for discounted green fees. Mayor
Bowman suggested that a copy of the letter be sent to FJC.
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City Council Minutes May 28, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF SCHEDULING ORAL INTERVIEWS WITH APPLICANTS
INTERESTED IN SERVING ON THE TRAFFIC COMMISSION: The Acting City
Manager reviewed the staff report dated May 22, 1991, which indicated that two
applications have been received. An additional application was received on Friday, May
24, 1991 copies of which have been provided to the Council. The City Council is
requested to schedule an appropriate day and time to conduct oral interviews of these
applicants.
Councilmembers suggested that the interviews be held just prior to the next Council
meeting. The interviews will be conducted on June 10, 1991 at 5:00 p.m. in the
Administrative Conference Room.
CONSIDERATION OF DISCUSSION OF RIDESHARING LEAVE INCENTIVE: The
Acting City Manager requested the Personnel Director to present the staff report dated
May 22, 1991, which indicated that a survey had been prepared comparing rideshare leave
incentives offered by various cities in Orange County. The Business Park had not yet
been surveyed for rideshare incentives. The proposal granted each person in atwo-person
carpool one hour per month as leave incentive; athree-person carpool, 1.5 hours per
month and afour-person carpool or using other modes of transportation would be 2 hours
per month of additional leave.
After some discussion, Councilmember Age stated that the proposal appeared to be
somewhat high. Mayor Bowman stated he believed the proposal to be premature and he
would like to see what the organizations in the Business Park are proposing.
It was moved by Councilmember Age and seconded by Councilmember Kerry 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 DISCUSSION OF POTENTIAL HIRING FREEZE: At the request
of the Acting City Manager, the Personnel Director volunteered to answer an "p~"
y questions
on the potential hiring freeze.
Councilmember Partin asked if staff was going to add employees in the next two or three
months other than the Public Works Director. The Personnel Director responded that
there are several positions that were determined to be part of a hiring freeze. Mayor
Bowman explained that the potential hiring freeze was brought about in an effort to
balance the budget both by raising revenues and controlling expenses. Councilmember
Age commented that some guidelines needed to be presented with some provisions on
critical positions that become vacant and brought back to the Council on a case-by-case
basis after being approved by the City Manager. Mayor Bowman concurred.
Councilmember Kerry referred to the report from the Recreation & Parks District on
their need for temporary heap and on the basis of that report would restrict the hiring
freeze to permanent full time employees. The Finance Director advised that there are
part time employees in most departments and the Maintenance Department probably has
the next highest number of these employees. Mayor Bowman stated that, in light of the
number of part time employees, he would prefer that all positions come back to Council,
even part time. Councilmember Kerry requested that the part time temporary positions in
Recreation & Parks that are now before Council be exempted and after that, any new
hires. Councilmember Nicholson and Mayor Bowman concurred.
It was moved by Councilmember Age and seconded by Councilmember Kerry to enact a
hiring freeze for the City of Cypress and any positions, either part time or full time,
must come before the Council after having City Manager's approval. Responding to
Councilmember Nicholson, Councilmember Age answered that the part time summer
employees for Recreation and Parks would be exempted this one time only. Anytime
after those people have been hired, any replacement must come back to the Council. 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
The Acting City Manager requested clarification from the Council on the Memorandum
from the Recreation and Parks Director as to whether those positions are subject to the
freeze or not. Councilmember Partin and Mayor Bowman responded in the negative.
Councilmember Kerry stated that the positions that have been approved in the Recreation
& Parks summer programs need to be filled and should stay filled. Any other positions
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City Council Minutes May 28, 1991
will have to come back to Council. Councilmember Partin suggested a policy be set that
the summer programs run by Recreation & Parks should not be interrupted by the hiring
freeze should the personnel change.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 45035 - 45291: It was moved by Councilmember Partin and seconded by
Councilmember Age to approve the Warrants No. 45035 through 45291 in the amount of
$657,958.53. 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 RESOLUTION SUPPORTING THE PHASE II FIRE EQUITY
STUDY. The Acting City Manager presented the staff report dated May 24, 1991 which
indicated that the City Manager had previously discussed and recommended to Council
the support of the ongoing Fire Equity Study. The support includes an expenditure of
$500.00 for legal services with the firm of Rutan and Tucker.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, to study alternative organization structures
and funding mechanisms for fire services.
RESOLUTION NO. 3940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AGREEING TO WORK WITH THE COUNTY OF ORANGE AND THE FIRE
CONTRACT CITIES TO STUDY ALTERNATIVE ORGANIZATIONAL
STRUCTURES AND FUNDING MECHANISMS FOR FIRE SERVICES.
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.
Councilmember Nicholson stated she had a request from a citizen regarding code
enforcement and the lack of a citation ordinance. She asked if it were possible to enact a
Citation Ordinance and the Acting City Attorney explained the procedure that is required
before a Code Enforcement Officer can issue citations for code violations. The Police
Chief mentioned the costs that could be incurred for prosecution of citations.
Councilmember Partin suggested that the long-range consequences of a Citation Ordinance
be considered. This matter will be placed on the agenda for the August 26, 1991 Council
meeting.
Councilmember Kerry asked about the lease situation between the City and the Anaheim
Union High School District with Oxford Junior High School. The Acting City Manager
responded that there are no major changes and the City Manager is still negotiating with
the District.
The Acting City Manager called upon the Finance Director for an update of the Civic
Center refinancing. The Finance Director addressed the matter of preferential treatment
in bond sales to Cypress residents and what methods the City could use to allow the
residents to participate in those sales. Councilmember Kerry suggested that the bond sale
be mentioned in the Cypress Newsletter and Councilmember Nicholson asked that the
News Enterprise might also advertise.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 10:00 p.m. to 5:00 p.m, on
June 10, 1991 in the Administrative Conference Room.
ATTEST:
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