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HomeMy WebLinkAboutMinutes 91-06-10 f2f MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 10, 1991 The Regular Meeting of the Cypress City Council was called to order at 5:01 p.m., Monday, June 10, 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 The City Council conducted oral interviews of the three applicants that applied for the one vacancy on the Cypress Traffic Commission. RECESS: Mayor Bowman recessed the meeting at 5:29 p.m. to allow the Council to reconvene in the Council Chamber. The meeting reconvened at 5:33 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Bacock, Barrett, Donovan, Eynon, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Councilmember Nicholson mentioned that a letter dated May 29, 1991 from the City of Pomona had been received by the Council on May 31 regarding a resolution opposing water company surcharges for reduced water consumption. She requested that this item be placed on the Agenda. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to place this item on the Agenda as Item No. 34A because a need subsequent to the preparation of the Agenda has arisen to consider a resolution opposing water company surcharges. 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 PURCHASE OF ONE BAR 90 EMISSIONS TEST ANALYZER, REQUEST FOR QUOTATION NO. 9091-23: The Public Works Director presented the staff report dated May 31, 1991, which indicated that three bids were received, one a "no bid", to supply one Bar 90 Emissions Test Analyzer. It was moved by Councilmember Partin and seconded by Councilmember Kerry to determine Allen Test Products to be the lowest responsible bidder and authorize a purchase order to be issued to Allen Test Products, 14106 Pontlavoy, Santa Fe Springs, CA 90670 for the purchase of one (1) Allen Bar 90 Emissions Test Analyzer as specified, in the amount of $14,426.49, including sales tax and trade-in for Public Works Unit Ne. 428A. 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 SEWER MAINTENANCE SERVICES: The Public Works Director presented the staff report dated May 31, 1991 which recommended that Richard L. Walker, Inc. be allowed to renew his existing contract for an additional two year period with no increase in price. The services are to be provided on a unit price basis and include preventative cleaning of the sewer lines throughout the City and annual cleaning of the City's sewer pump station on Orangewood Avenue. It was moved by Councilmember Age and seconded by Councilmember Nicholson to dispense with formal bidding and renew the contract for sewer maintenance services to Richard L. Walker, Inc., 3870 La Sierra Ave., #424, Riverside, CA 92.505 for a total amount of $69,864.15 for atwo-year period ending June 10, 1993. The motion unanimously carried by the following roll all vote: - , AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT TO AM MULTIGRAPHICS FOR AN ELECTROSTATIC CAMERA MODEL EP-888: The staff report dated June 4, 1991, presented by the Assistant City Manager, indicated that the Capital Outlay Budget provided for a replacement of the current platemaker. The platemaker has unshielded, exposed 500 watt lamps which creates a safety hazard for the Media Services staff while the Multigraphics EP-888 electrostatic platemaker meets all OSHA standards regarding ~ ."i City Council Minutes June 10, 1991 both shielded lights as well as the use of safe chemicals and materials needed to operate the equipment. It was moved by Councilmember Partin and seconded by Councilmember Kerry to determine that it is in the best interest of the City to: 1) dispense with formal competitive bidding pursuant to the City Code Section 21A-8F; 2) award the contract to AM Multigraphics, 10349 Heritage Park Drive, #2, Santa Fe Springs, CA 90670 for the purchase of one (1) Multigraphics EP-888 Platemaker in the amount of $13,299; and 3) transfer $1,200 from Account No. 4318-90-657-36 and $99 from Account No. 4488-90-656- 35, for a total of $1,299 to Account No. 4490-90-656-35. 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 COUNCII,MEMBERS: 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. The following items were removed from the Consent Calendar: Item No. 17, Consideration of Implementation of Fees for Fire Protection, False Alarms, and Miscellaneous Services Provided by the Orange County Fire Department at Councilmember Partin's request; Item No. 18, Consideration of Animal Control Services Contract requested by Councilmember Kerry and Item No. 15, Consideration of Tract No. 13328, Refund of Sewer Connection Fee. Acacia Street, North of Crescent Avenue at staff's request. It was moved by Councilmember Partin and seconded by Councilmember Age to approve the Consent Calendar Items No. 4 through 19, with the exception of Items 15, 17 and 18. 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. 4: Consideration of Approval of City Council Minutes of May 20, 1991 and May 28, 1991 Recommendation: That the City Council approve the Minutes of May 20, 1991 and May 28, 1991, as submitted. Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: Consideration of Proclaiming July 1991, as "Parks and Recreation Month". Recommendation: That the Mayor and City Council officially proclaim July 1991, as "Parks and Recreation Month" in the City of Cypress. Item No. 7: Consideration of Denial of the Application For Leave To Present A Late Claim Filed by George W. Abbes, Attorney-at-Law, On Behalf of Santa Manzi. Recommendation: That the City Council officially deny the subject Application For Leave To Present A Late Claim and refer the matter to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 8: Consideration of Renewal of Non-Exclusive Taxicab Franchise -West Coast Transportation Network, Inc. Recommendation: That the City Council approve the $1.60 per additional mile charge as outlined the report and authorize aone-year renewal of the non-exclusive Taxicab Franchise issued to West Coast Transportation Network, Inc., to expire on June 12, 1992. Item No. 9: Consideration of Renewal of the Health Services Agreement With the County of Orange. Recommendation: That the City Council approve the renewal of the Health Services Agreement with the County of Orange, extending the term to June 30, 1996, and authorize the Mayor to sign and the City Clerk to attest the Agreement. Item No. 10: Consideration of Appointments to the Recreation & Community Services Commission. 2 ~~V City Council Minutes June 10, 1991 Recommendation: That the City Council approve the reappointment of Mrs. Sheila Elkin and confirm the appointment of Mr. Brian Sunley to the Recreation & Community Services Commission for full four-year terms of office. Item No. 11: Consideration of Contract Change Order No. 2 to the Heater Remix and Rehabilitation of Various Streets Contract, Public Works Project No. 8947. Recommendation: Receive and file. Item No. 12: Consideration of Design Review Committee No. 91-9, Neon Use Permit, ""p~" Burnt Tortilla Pavilion, 10565 Valley View Street. Recommendation: That the City Council receive and file Design Review No. 91-9 with the conditions set forth by the Neon Use Agreement and the Neon Use Criteria. Item No. 13: Consideration of Mobile Source Air Pollution Reduction Program Ordinance. Recommendation: That the City Council approve the first reading of the Mobile Source Air Pollution Reduction Ordinance by title only, title as follows, supporting the new motor vehicle registration fees to reduce air pollution from motor vehicles, thereby making the City eligible for its apportioned revenues from these fees to implement mobile source air pollution reduction programs. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM BY ADDING SECTIONS 16-110 TO 16-114 TO THE CODE OF THE CITY OF CYPRESS. Item No. 14: Consideration of Reimbursement Request for Street Rehabilitation Projects Under Orange County Unified Transportation Trust (OCUTT) Fund Program, City of Cypress Project No. 9102. Recommendation: That the City Council adopt the Resolution by title only, title as follows, requesting payment of the OCUTT participation in the Fiscal Year 1990-91 street rehabilitation projects granted under the Orange County Unified Transportation Trust (OCUTT) Fund Program, in the amount of $72,975.03, as outlined in the report. RESOLUTION NO. 3941 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR CRESCENT AVENUE BETWEEN CAROB STREET AND THE SOUTHERN PACIFIC RAILROAD. Item No. 16: Consideration of Application for funds from the Urban Forestry Grant Program (California Wildlife, Coastal and Park Land Conservation Bond Act of 1988). Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the City's application for the Urban Forestry Grant Program under the California Wildlife, Coastal and Park Land Conservation Bond Act of 1988. RESOLUTION NO. 3942 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN APPLICATION FOR GRANT FUNDS THROUGH THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION BOND ACT OF 1988 FOR THE CYPRESS URBAN FORESTRY PROGRAM. Recreation & Park District Matters: Item 1`To. 19: Consideration of Attendance of the Recreation and Park Director to the National Recreation & Park Association Conference. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, authorize the attendance of Marvin DeCarlo, Recreation and Park Director, to the National Recreation & Park Association Conference to be held on October 18-21, 1991, in Baltimore, Maryland, and be reimbursed for all actual and necessary expenses incurred. END OF CONSENT CALENDAR 3 267 City Council Minutes June 10, 1991 Regarding Consideration of Tract No. 13328, Refund of Sewer Connection Fee, the City Manager clarified that of the sewer refund, only $250 would be from the City account. The applicant would have to apply to the County for the remainder of the money. It was moved by Councilmember Partin and seconded by Councilmember Kerry to release the $250 and direct the applicant to apply to the County for the remainder of the $5,000. 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 In regard to Consideration of Implementation of Fees for Fire Protection, False Alarms and Miscellaneous Services, Councilmember Partin asked if the passage of this item would result in any tax increases for the citizens. The City Manager clarified that these were all pass-through items and would not increase the taxes of the residents of Cypress. It was moved by Councilmember Partin and seconded by Councilmember Age to: 1) Concur with the Implementation of the County of Orange Fire Fee Program; and 2) Adopt a Resolution by title only, title as follows, implementing fees for fire protection, false alarms, and miscellaneous services provided by the Orange County Fire Department and authorize the County of Orange to administer collection and enforcement of such fees. RESOLUTION NO. 3943 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS TO ENACT FEES FOR FIRE PREVENTION, FALSE ALARMS, AND MISCELLANEOUS SERVICES PROVIDED BY THE ORANGE COUNTY FIRE DEPARTMENT AND TO AUTHORIZE THE COUNTY OF ORANGE TO ADMINISTER COLLECTION AND ENFORCEMENT OF SUCH FEES. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Consideration of Animal Control Services Contract, Councilmember Kerry requested clarification of this contract. The City Manager explained that the City received a credit for last year's fees and the City is charged an estimated cost for animal control services for 1991/92. It was moved by Councilmember Kerry and seconded by Councilmember Partin to approve the 1991/92 Animal Control and Animal Shelter Agreement with the County of Orange and authorize the Mayor to sign, the City Clerk to attest the Agreement, subject to the approval of form by the City Attorney. 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 Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP 91-9. RESOLUTION NO. 3944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 91-9 -WITH CONDITIONS (ON SITE SALE OF BEER AND WINE, CHINESE RESTAURANT, 6940 KATELLA AVENUE). 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 order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending Section 10.1 of Appendix I, "Zoning." 4 City Council Minutes June 10, 1991 ORDINANCE NO. 865 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 CLOSED SESSION: Mayor Bowman recessed the meeting at 5:55 p.m. to enter into 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, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker also present. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Joe Santos, Senior Patrol Leader, and Robbie Fowler, both representing Boy Scout Troop 660 of the St. Irenaeus Parish. PRESENTATIONS: Mayor Bowman presented Community Service Plaques to the 1990 Miss City of Cypress, Stephanie Block and to the 1990 Miss Teen Cypress, Stacy Tolkin, whose plaque was accepted for her by her sister, Terry Roth. Mayor Bowman introduced the 1991 Miss City of Cypress, Victoria Kogan and the 1991 Miss Teen Cypress, Lisa Bigham. Chief Hunter, of the Orange County Fire Department provided the Council with an overview of the Department organization, the various fire services provided and the cities served by the Department. Chief Hunt introduced Battalion Chief Colgan, Orange County Fire Department, who explained the paid call firefighter program in the County. The City Manager advised that the Council interviewed three applicants for the vacancy on the Traffic Commission and he then summarized the actions taken by the Council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed the Closed Session discussions on the Potlatch/Simpson litigation being monitored by OCCRMA on behalf of the City; the subdivision agreement that is an Agenda item; an ABC license denial, two code enforcement violations and the current status of lease negotiations on the Oxford School site. Mayor Bowman announced that Item No. 27, Continuation of Consideration of City Council Interpretation of Fence Material Requirement Along Cerritos Avenue as Specified in the Cypress Business and Professional Specific Plan, will be continued. He also announced that Item 34A entitled "Opposition to Water Increases Predicated on Reduced Usage" was added to the Agenda. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Councilmember Kerry requested that staff provide the Council with cost estimates for the care of the Nature Park rabbits, broken down into salaries, vet charges, food and other care for the June 24 Council meeting. Mayor Bowman announced that the Chamber of Commerce installation was held and Bruce Robbins is the new Chamber president. Some of the City employees exhibited their art work at the Community Center, which will be displayed during the month of June. D.A.R.E. graduations were conducted during the past week. On June 9, 1991 the Mt. Calvary Lutheran Church was dedicated. He reminded the audience that Friday, June 14, 1991 was Flag Day. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. Mr. Tom Wood, representing Mr. Lloyd Arnold, Los Alamitos Race Course, asked Council's permission to address Item 29, Subdivision Agreement, before action is taken. CONSIDERATION OF PUBLIC HEARING RE: MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1991-92, CITY OF CYPRESS PROJECT NO. 8615-90: Mayor Bowman opened the public hearing. The City Manager introduced the new Public Works Director, Gene Donovan, who presented the staff report dated May 29, 1991. The report indicated that the City Council adopted a resolution declaring its intent to order the modification of 5 City Council Minutes June 10, 1991 Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 1991-92 and set a public hearing to consider the matter. Affidavits of posting and publication of these notices are on file in the office of the City Clerk. Mayor Bowman asked if anyone wished to speak in favor of or in opposition to the project. No one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing and adopt the resolution by title only, title as follows, ordering 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. RESOLUTION NO. 3945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE MODIFICATION OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1991-92, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. 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. 91-2, DEVIATION FROM SECTION 10.3 REQUIRING AN 8' WALL BETWEEN COMMERCIAL AND RESIDENTIAL USES, 6401-25 BALL ROAD: Mayor Bowman declared the public hearing open. The City Manager stated that the applicant has requested that the application be withdrawn. The Planning Director confirmed that the letter requesting withdrawal was received today. It was moved by Councilmember Kerry and seconded by Councilmember Partin to receive and file the 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 PUBLIC HEARING RE: AMENDMENT TO CYPRESS SUBDIVISION ORDINANCE NO. 91-I AND AMENDMENT TO ZONING ORDINANCE NO. 91-1, PARKLAND DEDICATION OR FEES-IN-LIEU: The Mayor opened the public hearing. The City Manager requested the Planning Director summarize the staff report dated June 3, 1991, which represented a request by staff to amend and clarify various sections of Cypress' Subdivision Ordinance regarding requirements for parkland dedication. It was also recommended that certain sections of the Subdivision Ordinance be amended so the intent of each section is clearly stated and in accordance with the goals and objectives of the Open Space, Conservation and Recreation Element for the City of Cypress. Staff feels that a determination needs to be made regarding the best possible method to achieve an appraisal which is both fair and accurate and they suggested several methods in which this could be accomplished. After some discussion, Mayor Bowman asked if anyone wished to speak in support of or in opposition to the proposal. No one spoke. Councilmember Kerry asked if any appraisal fees could be charged to the owners and the Planning Director responded in the affirmative. Councilmember Age agreed with the option of having an M.A.I. appraiser annually conduct appraisals on several key parcels throughout the City. Councilmember Nicholson favored the option of having an appraiser provide appraisals of the individual properties because they each have their own value. The Planning Director stated that the assumption under the Quimby Act is that there is payment of the replacement cost of what it would cost to have the recreational land dedicated as part of that development. Mayor Bowman suggested that perhaps the appraisal should be made on what it would cost to acquire parkland rather than on the cost of the parcel under consideration. The Planning Director will review the wording of the State law to assure that this concept would be consistent with the law. It was moved by Councilmember Kerry and seconded by Councilmember Age to continue this item to the meeting of July 8, 1991. Councilmember Partin expressed his disfavor with the way the Quimby Act is set up and he would like to charge a price to replace the land for a park site. The motion unanimously carried by the following roll call vote: 6 0 City Council Minutes June 10, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Kerry asked if Item No. 31, Consideration of an Ordinance Regulating Athletic Activities on City-Owned Property, could be moved forward. Councilmember Age concurred and hearing no objection, Mayor Bowman so ordered. CONSIDERATION OF ORDINANCE REGULATING ATHLETIC ACTIVITIES ON CITY-OWNED PROPERTY: The City Manager explained that the proposed Ordinance was drafted to eliminate a problem which has developed with an inappropriate use of the area beneath the City Council Chamber. The area has become attractive to people who play "hockey" or "rollerblade." It wasn't designed to be used as a hockey rink, it was designed as an open area for the Civic Center and civic uses but not to the extent that it would damage the facility. An eight minute video of the damage was presented for viewing. Mayor Bowman referred to the second page of the Ordinance, which read "athletic activities permitted," and the City Attorney advised that it should read "athletic activities prohibited." The following individuals spoke on this item stating this area was the only place in the City to play hockey or rollerblade, asked the City to consider finding or building another facility and stated that the hockey players were not responsible for the damage to the Chamber area. Billy Gettis, 10201 Janice Lynn, Cypress Eric Rasmussen, 5012 Belle Avenue, Cypress Kenny Wagner, 10152 Janice Lynn, Cypress Kevin Gettis, 10201 Janice Lynn, Cypress The City Manager reported that the Anaheim School District prohibits hockey on their property because of the potential liability. Councilmember Kerry stated that the community needed an alternative facility, the area under the Council is not an appropriate playing field and expressed concern about the potential liability. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated she has observed the hockey players and they were playing very nicely. She agreed that the area underneath the Council Chamber was not the safest place to play but the City needs to do something about an alternative playing field. Councilmember Age stated that the issue before the Council is the damage that is being done to the Council Chamber, she could not support the continuation of hockey playing at the facility and was ready to vote on the item. She stated she was in favor of the ordinance and of finding another playing field for the hockey players. Councilmember Kerry concurred and the older players may not wish to have parental supervision of the playing area and there will continue to be damage and problems with the facility. Councilmember Nicholson asked if anyone had been doing anything to find an alternative playing field. The Recreation and Park Director responded that research had been done in the community and contacts had been made but an alternative site was not found. Mayor Bowman requested the City Attorney research the potential contingent liability problem before the hockey players are led to believe another site will be found. The City Attorney advised that the biggest problem with liability is whether the activity is organized or unorganized. The more it is unsupervised and unorganized activity, the more likely the City could be held liable. It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the first reading of the Ordinance by title only, title as follows adding Section 17-70 to the City Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 17-70, "REGULATION OF ATHLETIC ACTIVITIES ON CITY OWNED PROPERTY," TO THE CODE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Nicholson asked that this item be referred to the Recreation and Community Services Commission and have them investigate the possibility of an alternative site on Wicker Drive. Mayor Bowman asked the City Attorney for suggestions 7 City Council Minutes June 10, 1991 on how to minimize the City's liability and if it takes organized leagues then they will have to be supervised. RECESS: Mayor Bowman recessed the meeting at 9:20 p.m. and reconvened at 9:37 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 90-6, SECTION 9.3A, "PERFORMANCE STANDARDS: RESIDENTIAL ZONES" PERMITTING AIR CONDITIONING UNITS AND MECHANICAL EQUIPMENT IN SIDE YARD SETBACKS: The staff report dated June 3, 1991 indicated that an amended first reading of the proposed ordinance was presented to Council at the meeting of May 28, 1991. Council instructed staff to address portable air conditioning units and how the ordinance will regulate them. Furthermore, staff was to clarify the intent of the phrase "related mechanical equipment" as stated in the proposed ordinance. Staff drafted the ordinance's revisions to include additional wording and two additional subsections. It was moved by Councilmember Partin and seconded by Councilmember Kerry to approve the amended first reading of the Ordinance by title only, title as follows, amending Section 9.3.A of the Cypress Zoning Ordinance. 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 RELATIVE TO RESIDENTIAL ZONES AND THE PLACEMENT OF AIR CONDITIONING UNITS AND MECHANICAL EQUIPMENT IN THE SIDE YARD SETBACKS. 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: The staff report dated May 31, 1991 indicated that after a review of the draft opinion survey, Council suggested it be modified to clarify that the raising of the block wall be done at property owner's expense; the City would coordinate the work and any bike path lighting would be installed on homeowners' property. It was moved by Councilmember Partin and seconded by Councilmember Kerry to approve the wording of the opinion survey to be sent to residents contiguous to the Stanton Channel Bike Path. 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 CITY COUNCIL INTERPRETATION CF FENCE MATERIAL REQUIREMENT ALONG CERRITOS AVENUE AS SPECIFIED IN THE CYPRESS BUSINESS AND PROFESSIONAL SPECIFIC PLAN: The staff report dated June 4, 1991 requested that this item be continued in order to allow time for the applicant and staff to address fence location and landscaping responsibility concerns. It was moved by Councilmember Partin and seconded by Councilmember Age to continue this item to the June 24, 1991 Council 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 ADOPTION OF TEMPORARY HIRING FREEZE POLICY: The City Manager reviewed the staff report dated June 2, 1991, which indicated that the Council had enacted a temporary hiring freeze of City employees at its meeting of May 28, 1991. The report and its attached policy formalized the action. It was moved by Councilmember Partin and seconded by Councilmember Age to adopt the temporary hiring freeze policy. 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 8 ~e'~ City Council Minutes June 10, 1991 CONTINUATION OF CONSIDERATION OF SUBDIVISION AGREEMENT FOR THE DEVELOPMENT OF THE GRACE CHURCH IN ACCORDANCE WITH TENTATIVE PARCEL MAP NO. 90-245 AND CONDITIONAL USE PERMIT NO. 91-3: The City Manager called upon the Planning Director to summarize the staff report dated May 31, 1991, which described a condition of approval, No. 11 for Tentative Parcel Map No. 90- 245 and No. 72 for Conditional Use Permit No. 91-3, has been administratively changed to require a subdivision agreement instead of an amendment to Development Agreement No. 90-1. The purpose of the agreement is to record 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. The subject subdivision agreement is not considered a "project" as defined in the guidelines of the California Environmental Quality Act; therefore, no environmental determination is required for the subdivision agreement. Mr. Tom Wood, 650 Towne Center Dr., Costa Mesa, representing the Lloyd Arnold of the Los Alamitos Race Track, stated that they would agree with staff's recommendation and urged the Council to approve the agreement as proposed. Later, if agreement is reached on a new configuration, the applicant might come back to Council for review for possible amendment of the agreement. It was moved by Councilmember Age and seconded by Councilmember Nicholson to: 1) approve the Subdivision Agreement between the City of Cypress, the owners of the Los Alamitos Race Track and the Grace Church organization; and 2) authorize the Mayor to sign on behalf of the City 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 CONSIDERATION OF ADOPTION OF A CITY ORDINANCE REGARDING UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS: The City Manager presented the staff report dated June 3, 1991, which indicated the proposed ordinance was drafted to specify the timeframe for the waste and recyclable containers to be placed at curbside and to eliminate the unauthorized collection of recyclable materials when the recycling containers are placed at the curb for collection. The City Attorney stated that on page 1, Section 1, where the indentation starts, it should say "Section 12-24" instead of "Section 12-23." The City of Cypress will own the automated collection containers and the City has the ability to prosecute the theft of these containers. Mayor Bowman mentioned the two items that need to be resolved are: who is going to replace and/or pay for stolen collection containers and what is the penalty if the container is stolen. It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the first reading of the Ordinance by title only, title as follows, amending Section 12-24 and adding Article IV "Unauthorized Collection of Recyclable Materials." ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 12-24 OF THE CODE OF THE CITY OF CYPRESS AND ADDING ARTICLE IV, "UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS" TO CHAPTER 12 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 CONSIDERATION OF PROFESSIONAL SERVICES FOR ADMINISTRATION DEPARTMENT: The City Manager presented the staff report dated June 3, 1991, which represented a request for the renewal of the services of a contract employee in the Administration Department who is assigned projects in the areas of solid waste management, contract and franchise administration, disaster planning and budget ~ s. development. A large portion of her contract salary will be repaid by the franchise agreement for the recycling effort. Councilmember Partin moved to authorize the City Manager to enter into an agreement for part-time professional services. Mayor Bowman stated that for 20 hours a week, it amounted to $700 per week which is a lot of money on a part time basis. The City Manager explained that the rate has been calculated on the basis of a full time employee's salary with fringe. Councilmember Age suggested the contract be renewed for a period of six months. Mayor Bowman stated he would not vote in favor of this item as presented, but would limit it to a six month period. 9 ~E;. X73. City Council Minutes June 10, 1991 Councilmember Partin amended his motion to authorize the City Manager to enter into an agreement for part-time professional services as outlined for a six month period and Councilmember Age seconded. 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 AUTHORIZING LEASE AGREEMENT SIGNATORIES: The City Manager requested the Finance Director present the staff report dated May 30, 1991, which indicated that the City will be purchasing 24,000 containers through a lease purchase agreement using tax exempt financing. The City has solicited third party proposals for the lease purchase financing and has chosen Municipal Leasing Associates, Inc. as the most effective. The City will purchase the 24,000 containers for $1,414,860, which included the distribution to the residents. The City would then be making lease purchase payments on asemi-annual basis for seven years. It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt a Resolution by title only., title as follows, authorizing the City to enter into a lease purchase agreement with Municipal Leasing Associates, Inc. to purchase 24,000 refuse containers at an annual interest rate of 7.38%. RESOLUTION NO. 3946 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS TO AUTHORIZE LEASE AGREEMENT AND SIGNATORIES FOR LEASE PURCHASE FINANCING OF REFUSE CONTAINERS PROVIDED BY MUNICIPAL LEASING ASSOCIATES, INC. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 45292 - 45554: It was moved by Councilmember Kerry and seconded by Councilmember Age to approve the Warrants No. 45292 through 45554 in the amount of $1,198,315.23. 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 CONSIDERATION OF OPPOSITION TO WATER RATE INCREASES PREDICATED ON REDUCED USAGE: Councilmember Nicholson commented that Councilmembers had received a letter from the City of Pomona stating they had adopted a resolution opposing the water companies surcharges for reduced water consumption. She suggested the City of Cypress also adopt a resolution opposing water rate increases. Councilmember Kerry cited that resolution stating that if the water companies are losing money because of the reduced usage, they should be charging those users that have failed to comply with water reduction requests. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, expressing opposition to increased rates for reduced water usage. RESOLUTION NO. 3947 A RESOLUTION OF THE COUNCIL OF THE CITY OF CYPRESS, OPPOSING WATER COMPANY SURCHARGES FOR REDUCED WATER CONSUMPTION. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 9:56 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 9:58 p.m. with all Councilmembers present. 10 2'~ 4 f City Council Minutes June 10, 1991 ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Age asked if the Traffic Commission applicants should be ranked at this time and Mayor Bowman requested that item be placed on the June 24, 1991 agenda. The City Manager asked Council to adjourn tonight's meeting in memory of A. E. "Pat" Arnold, who passed away last Saturday and in so doing recognize the contributions he made to the community. He also reminded the Council of the budget meeting on June 12, 1991 and to adjourn to the desired starting time. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 10:00 p.m. in memory of A. E. "Pat" Arnold to Wednesday, June 12, 1991 at 3:45 p.m. in the Administrative Conference Room. ATTEST: h 11