Minutes 91-07-08 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 8, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:06 p.m.,
Monday, July 8, 1991, in the Administrative Conference Room, West Wing, Cypress City
Hall, 5275 Orange Avenue, Cypress, by Mayor Walter Bowman.
PRESENT: Councilmembers. Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
WORKSHOP SESSION: A brief session was held with the Chamber of Commerce
President Bruce Robbins to meet the new Executive Director Peter Brynd and to become
acquainted with his background and experience. There was also discussion of the goals
and objectives of the Chamber between Councilmembers, the President and the new
Executive Director.
RECESS: Mayor Bowman recessed the meeting at 5:32 p.m. to enable the Council to
reconvene in the Council Chamber. The meeting reconvened at 5:40 p.m. with all
Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City
Attorney Jerry Patterson and staff members Barrett, DeCarlo, Donovan, Eynon, Storey
and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to
speak.
CONTINUATION OF CONSIDERATION OF CONTRACT WITH PACIFIC BELL FOR
CENTREX SERVICES: The Finance Director presented the staff report dated July 2,
1991, which described the proposed contract with Pacific Bell for Centrex Services.
Pacific Bell has offered the five year contract on a month-to-month rate of $2,038 per
month or a one time payment of $89,275. The one time payment represented a 47.1%
savings less the loss of interest earned on the declining balance.
It was moved by Councilmember Partin and seconded by Councilmember Age to: 1)
determine that it is in the best interest of the City to dispense with the formal bidding
process and award a contract to Pacific Bell for Centrex Services at $89,275 fora 60
month period; and 2) appropriate $89,275 from the fund balance of Central Service Fund
90 to Account #4187-90-604-03. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE ASBESTOS ABATEMENT
OF THE CYPRESS SENIOR CITIZEN'S CENTER AND PORTIONS OF CYPRESS
ELEMENTARY SCHOOL, PUBLIC WORKS PROJECT NO 9112: The Public Works
Director summarized the staff report dated June 24, 1991, which indicated that 17 bids
were received for the asbestos abatement of the Cypress Senior Citizen's Center and
portions of the Cypress Elementary School.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson that
the City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District: 1) determine the lowest responsible bidder for Public
Works Project No. 9112 to be Pomona Valley Environmental; and 2) award a contract for
the asbestos abatement of the Cypress Senior Citizen's Center and portions of Cypress
Elementary School to Pomona Valley Environmental, 2300 Pomona Blvd., Pomona, CA
91768, in the amount of $68,530. 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 FURNISHING WINDOW
COVERINGS, WALL COVERINGS AND WALL BASE COVER AT THE CITY
CORPORATION YARD ADMINISTRATIVE OFFICES, REQUEST FOR QUOTATION
NO. 9091-27: The staff report dated June 25, 1991 indicated that the Purchasing Officer
received two quotations for window coverings, wall coverings and base cover, including
installation, for the City Corporation Yard Administrative Offices.
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City Council Minutes July 8, 1991
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
authorize the Purchasing Officer to order the window coverings, wall coverings and wall
base covering from Pollman's, 312 Redondo Avenue, Long Beach, CA 90814 for the
purchase price of $3,760.48. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE REMOVAL AND
REPLACEMENT OF CONCRETE SIDEWALK AND CURB & GUTTER ON VARIOUS
STREETS, CITY OF CYPRESS PROJECT NO. 9125: The Public Works Director presented
the staff report dated June 28, 1991, which indicated 13 bids were received for the
removal and replacement of concrete sidewalk and curb and gutter on various streets in
the City.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson to: 1)
determine the lowest responsible bidder for Public Works Project No. 9125 to be G.M.G.
Construction; and 2) award a contract for the removal and replacement of concrete curb
and gutter on various streets in the City of Cypress to G.M.G. Construction, 5601 Shady
Glen Place, Yorba Linda, CA 92686, in the amount of $147,662.70. 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 CONTRACT RENEWAL FOR WEED ABATEMENT FOR FISCAL
YEAR 1991/92: The staff report dated June 25, 1991 indicated that Edwin Webber, Inc.
has submitted a letter offering to perform weed abatement work for Fiscal Year 1991/92
under the same specifications and for the same contract unit prices as he has charged for
the past 12 years. All costs are passed through to the respective property owners along
with a 35% administrative charge by the City.
It was moved by Councilmember Age and seconded by Councilmember Kerry to approve
the award of contract for weed abatement for Fiscal Year 1991/92 to Edwin Webber, Inc.,
8472 Rembrandt Drive, Huntington Beach, CA 92647 for the same contract unit prices as
Fiscal Year 1989/90. 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 TREE TRIMMING SERVICE
REQUEST FOR QUOTATION NO. 9091-29: The Finance Director presented the staff
report dated July 2, 1991, which indicated that eight bids were received for trimming 265
each eucalyptus trees. The staff report was corrected to reflect 265 eucalyptus trees only,
not a combination of eucalyptus and palm trees and the correct address of the successful
bidder was P.O. Box 111, Compton, CA 90223.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to accept
the bid received from California Western Arborists, P.O. Box 111, Compton, CA 90223 as
the lowest responsible bidder and award a contract for tree trimming service to this
company in the amount of $8,877.50. 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 PRINTING OF CYPRESS CITY
- NEWS, REQUEST FOR QUOTATION NO. 9091-31: The Finance Director presented the
staff report dated July 1, 1991, which indicated that nine complete bid offers were
received for an annual contract for printing of the City newsletter, "Cypress City News."
The City newsletter is published on a quarterly basis. Due to the new newsletter format,
a request for quotation was needed to address printing parameters.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to accept
the bid received from McCoy Printers, Inc., 6013 Scott Way, Commerce, CA 90040 as the
lowest responsible bidder and award the contract for the printing of "Cypress City News"
for the period of July 8, 1991 to July 7, 1992 in an amount not to exceed $16,992.00 for
an eight page publication. The motion unanimously carried by the following roll call
vote:
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July 8, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE VEHICLES: The Finance
Director reviewed the staff report dated July 2, 1991, which indicted that eight Police
black and white units are ready for replacement. A letter of intent was issued to Maurice
J. Sopp and Sons Chevrolet to hold ten police vehicles under the Los Angeles Sheriff's
Department contract bid. The outfitting and conversion of all eight units will be
completed by Pursuit Specialities, 11564 "C" Washington Blvd., Whittier, CA 90606 and is
factored into the purchase cost of the units.
Mayor Bowman asked Police Chief Wicker what the cost was to maintain a black and
white unit, including personnel, on an annual basis. The-Chief will provide those figures
to the Mayor.
It was moved by Councilmember Age and seconded by Councilmember Kerry to: 1)
determine that it is in the best interest of the City to dispense with formal competitive
bidding pursuant to City Code Section 21A-8f; and 2) authorize the purchase of eight
Police package vehicles from Maurice J. Sopp & Sons Chevrolet, 5801 Pacific Blvd.,
Huntington Park, CA 90255 in the amount of $107,887.12. The motion unanimously
carried by the following roll call vote:
AYES: S COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RETENTION OF PROFESSIONAL TRAFFIC ENGINEERING
SERVICES FOR A TRAFFIC STUDY FOR THE PROPOSED REMAINING
DEVELOPMENT OF THE MCDONNELL PLAZA BUSINESS PARK: The Planning
Director summarized the staff report dated July 1, 1991, which described the receipt of a
conceptual site plan from the McDonnell Douglas Realty Company for development of
836,156 square feet of buildings on its remaining vacant land within the McDonnell Plaza
Planned Community Business Park. The primary focus of the proposed master plan is the
development of a corporate headquarters "campus facility" for PacifiCare. The City must
assess the significance of the proposed concept plan, specifically as it relates to project
traffic generation. Thus a traffic study is necessary to evaluate the impacts of the ,
project on the full build-out of McDonnell Plaza. In light of the need for a traffic study,
staff has obtained proposals from five consulting firms. The proposal of Basmaciyan-
Darnell, Inc. in the amount of $5,450 is within staff's estimate and the City will be
reimbursed by McDonnell Douglas Realty Company for this report.
Councilmember Nicholson asked the cost of including a traffic study for a cultural arts
center in the project area with the City to cover the cost for that phase of the study. The
Planning Director suggested Council direct staff to approach both the consultant and the
applicant with a defined scope of work so they can respond on the cost to be handled as a
separate contract. Staff will return at the next meeting with that cost estimate.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to: 1)
authorize an appropriation from the fund balance of the General Fund and appropriate
$5,450 to Account No. 4187-11-192-06; and 2) retain the professional services of
Basmaciyan-Darnell, Inc., 17701 Mitchell North, Suite 101, Irvine, CA 91714 for a Traffic
Study Report at the McDonnell Plaza Business Park in the amount of $5,450. 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 Nicholson to
direct staff to negotiate with the developer and with the traffic engineer to provide
another alternative which would include a cultural arts facility. 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.
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City Council Minutes July 8, 1991
Councilmember Partin had a question on Item No. 20 and the City Manager responded
that the City is well within the appropriation limit of $23,043,910. Councilmember Kerry
requested that Item No. 21, Extension of Design Review Committee No. 88-24 be removed
for further discussion.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to
approve the Consent Calendar Items No. 10 through 27, with the exception of Item No. 21.
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. 10: Consideration of Approval of City Council Minutes of June 12, 1991 and
June 24, 1991.
Recommendation: That the City Council approve the Minutes of June 12, 1991 and June
24, 1991, as submitted.
Item No. 11: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 12: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Say T. Huynh and Jennifer Lau, D.B.A. China Palace Restaurant, 6151 Ball
Road, Cypress.
Recommendation: Receive and file.
Item No. 13: Consideration of Monthly Investment Program for the Month of May 1991.
Recommendation: Receive and file.
Item No. 14: Consideration of Resolution of Commendation for Eagle Scout Stefan Neal
Simmons.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Eagle Scout Stefan Neal Simmons.
RESOLUTION NO. 3956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT STEFAN NEAL SIMMONS ON ATTAINING THE
RANK OF EAGLE SCOUT.
Item No. 15: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Maria De Jesus & Salvador Martin, D.B.A. E1 Zarape, 4197 Ball Road, Cypress.
Recommendation: Receive and file.
Item No. 16: Consideration of Design Review Committee's Approval of DRC #91-14 and
#91-15.
Recommendation: Receive and file.
Item No. 17: Consideration of Lease Renewal With the Cypress Chamber of Commerce for
the Frank P. Noe Building.
Recommendation: That the City Council approve the renewal of the lease for use of the
Frank P. Noe Building, located at 9471 Walker Street, at the existing $1.00 per year rate,
expiring on June 30, 1992.
Item No. 18: Consideration of Attendance of the City Manager to the International City
Management Association's 77th Annual Conference.
Recommendation: That the City Council authorize the attendance of the City Manager to
the International City Management Association's 77th Annual Conference to be held on
September 22-26, 1991, in Boston, Massachusetts, and be reimbursed for all actual and
necessary expenses incurred.
Item No. 19: Consideration of Acceptance and Assessment for Abatement of Seasonal and
Recurring Weeds for Phase II of the 1990/91 Program.
Recommendation: That the City Council: 1) Accept the work of weed and rubbish
abatement as being satisfactorily completed in accordance with the specifications for the
work; 2) Adopt the Resolution by title only, title as follows, confirming the weed
abatement assessments and imposing special assessments as a lien on the parcels shown on
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July 8, 1991
Exhibit "A"; and 3) Approve the final contract cost with Edwin Webber, Inc., 8472
Rembrandt Drive, Huntington Beach, CA 92647, of $5,166.88, which is below the original
award of $6,330.00.
RESOLUTION NO. 3957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS,
RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING
SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF
CYPRESS.
Item No. 20: Consideration of Resolution Establishing the City's Appropriation
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, establishing the City's appropriation limit at $23,043,910.
RESOLUTION NO. 3958
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 1991-92
FISCAL YEAR.
Item No. 22: Consideration of Contract Change Order No. 3 to the Katella Avenue
Traffic Signal Coordination Contract, Public Works Project No. 8936.
Recommendation: That the City Council approve Contract Change Order No. 3 to Public
Works Project No. 8936, in the amount of $10,134.74.
Item No. 23: Consideration of Vacancy Report.
Recommendation: Receive and file.
Item No. 24: Consideration of Resolution Commending Boy Scout Robert McKnight on
Attaining the Rank of Eagle Scout.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Boy Scout Robert McKnight on attaining the rank of Eagle Scout.
RESOLUTION NO. 3959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT ROBERT MCKNIGHT ON ATTAINING THE
RANK OF EAGLE SCOUT.
Item No. 2S: Consideration of an Application for an Alcoholic Beverage License Transfer
Filed by Arinrat Bunnag and Thongbai Kampanth, D.B.A. Sunshine Liquor, 6928-32
Katella Avenue, Cypress.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item No. 26: Consideration of a Resolution Establishing the Cypress Recreation and Park
District's Appropriation Limit.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, adopt the Resolution by title only,
title as follows, establishing the District's appropriation limit at $2,564,004.
RESOLUTION NO. 170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX
OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS ESTABLISHING THE CYPRESS RECREATION AND PARK
DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1991-92 FISCAL YEAR.
Item No. 27: Consideration of New Activity Classes for Fall.
Recommendation: That the City Council, acting as the ex officio Board of Directors for
the Cypress Recreation and Park District, approve the new classes as outlined in the
report as recommended by the Cypress Recreation and Community Services Commission.
END OF CONSENT CALENDAR
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City Council Minutes July 8, 1991
Regarding the Extension of DRC 88-24, Modular Unit for After School Day Care Use,
Saint Irenaeus Church, Councilmember Kerry asked why the Day Care School was
requesting an additional three years temporary use. Mr. Robert Hawkins, representing St.
Irenaeus Church, responded that during the first year, Day Care was very slow with
approximately 40 students; however, this year concluded with 90 students, which indicates
a need for extended day care.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
approve a three (3) year extension of Design Review Committee No. 88-24, to expire July
8, 1994. 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, granting Variance No. 91-3.
RESOLUTION NO. 3960
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 A SECOND FLOOR ADDITION TO
ENCROACH INTO THE REQUIRED SIDE YARD SETBACK -VARIANCE NO.
91-3 (4301 MARION 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 Partin and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, granting Variance No. 91-5.
RESOLUTION NO. 3961
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 A SECOND STORY ROOM ADDITION
TO ENCROACH INTO THE REQUIRED SIDE YARD SETBACK -VARIANCE
NO. 91-5 (5133 SEQUOIA 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 Age and seconded by Councilmember Kerry to .order the
Ordinance read by title only, title as follows and to adopt the Ordinance amending
Appendix I, "Zoning," of the City Code.
ORDINANCE NO. 870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF
CYPRESS BY THE ADDITION OF SECTION 9.8, "RESIDENTIAL DENSITY
BONUS STANDARDS AND REGULATIONS," FOR RENTAL PROJECTS.
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
establishing acceptable City parkway trees.
ORDINANCE NO. 871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING ACCEPTABLE CITY PARKWAY TREES.
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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 6:25 p.m. to allow the Councilmembers
to enter Closed Session to consider personnel and litigation matters. The meeting
reconvened at 7:34 p.m. with all Councilmembers present. Also present were staff
members Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Cecilia Age.
PRESENTATIONS: The City Clerk administered the oath of allegiance to the newly
appointed Traffic Commissioner Carl Re and Recreation & Community Services
Commissioner Brian Sunley. Mayor Bowman presented them with their Certificates of
Appointment.
The 1991 Cypress Community Festival Committee Chairperson, Sheila Elkin, stated that
the Festival this year marked the City's 35th anniversary and presented each
Councilmember with mementos of the Community Festival to be held on Saturday, July
27, 1991.
Ms. Johnnie Stromyer and the Executive Director of the Chamber of Commerce, Peter
Brynd, introduced and made presentations to the winners of the Red Ribbon Week Theme
and Logo Contest. Shannon Charfauros and Monica DiDonato Kovach tied for First Place
and Carrie Garnto received the Third Place award. Mr. Brynd announced that the
winning slogan was, "Be All that You Can Be, Cypress. Stay Drug Free." Buttons are
being made with the slogan on them and they will be sold at the Cypress Community
Festival.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Ms. Rosemary Warren, 6241 Ferne Avenue, Cypress, representing HOPE, the food bank for
the needy, asked Council if there were any further progress in locating a site for the food
bank.
The City Manager stated that the present building can be used until the first Saturday in
August. The Assistant City Manager reported that a survey was made of the building the
City is planning to lease from the Anaheim High School District, with the possibility of
sharing the facility with HOPE.
Ms. Wanda Olsted, 5062 Citation Avenue, Cypress, reported on the 4th of July Spectacular
at the Los Alamitos Race Course and explained how her property and the neighborhood
was involved with the debris from the fireworks and the fire. She provided Council with
some pieces of the debris. She stated that there were no problems with communicating
with the Los Alamitos race track people. Mayor Bowman stated that the City was well
aware of the problem and the Fire Marshal was available to make a presentation.
Fire Marshal Sam Husoe reported that there was an unfortunate accident with fireworks
at the Los Alamitos Race Course and the problem was addressed as soon as it was noted.
The units, inspector and fireworks technicians went out to meet with the neighbors,
identify the problems and establish that the fallout was from the race course fireworks
display. The Fire Department is still investigating what caused this to happen and as
soon as the investigation is complete, a full report will be made available to the Council.
The City Manager stated that the City is involved to the extent that a temporary use
permit was issued for the event and we are co-insured. He provided the audience with
the number of the Pyro-Spectacular Company and City Hall if there were any problems
with any claims. Fire Marshal Husoe advised that it was his understanding that there was
one incident of fallout from the fireworks show at the Los Alamitos Air Base.
Ms. Marie Hall, 5662 Cynthia Lane, Cypress, representing the Cypress Pops Orchestra,
invited the Council to the third annual concert for the Cypress Pops Orchestra, Saturday,
July 13, 1991 at 6:00 p.m. and thanked the City for their generous contributions.
Police Chief Wicker acknowledged the Venture Club service organization for their $2,000
donation in support of D.A.R.E.
Mayor Bowman advised that a reply was received from the FJC Corporation, owners of
the golf course, regarding their consideration of reduced green fees for Cypress residents.
FJC indicated that as the course gets closer to completion, they will be in a position to
indicate what the green fees will be and a determination of whether or not there would
be reduced fees for Cypress residents.
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ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, asked why the Rabbit issue was under
New Business and would anybody be able to speak on the item. The Mayor responded
that there would be public input. Ms. Wozniak stated she had a short video she would
like shown.
The City Manager reported on the Workshop Session with the Chamber of Commerce and
he then summarized the actions taken by the City Council during the 5:30 portion of the
Agenda.
The City Attorney reviewed the discussions held during Closed Session to consider matters
of litigation regarding a code enforcement problem, the damage caused as a result of the
fireworks display at the Los Alamitos Race Course and the lawsuit of Lara/Torres vs. the
Cypress Redevelopment Agency; two matters of personnel and the matter of the Erskine
property acquisition.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL
USE PERMIT NO. 91-8, CONVENIENCE MARKET WITH OFFSITE BEER AND WINE,
5591 BALL ROAD: Mayor Bowman opened the public hearing. The Planning Director
reported that the applicant had called this afternoon and requested that this matter be
continued to the Council meeting of August 26, 1991.
It was moved by Councilmember Age and seconded by Councilmember Kerry to continue
this item to the meeting of August 26, 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 PUBLIC HEARING RE: AMENDMENT
TO CYPRESS SUBDIVISION ORDINANCE NO. 91-1 AND AMENDMENT TO ZONING
ORDINANCE NO. 91-1, PARKLAND DEDICATION OF FEES-IN-LIEU: The public
hearing was opened by Mayor Bowman. The Planning Director presented the staff report
dated July 1, 1991, which requested this item be continued.
It was moved by Councilmember Kerry and seconded by Councilmember Age to continue
this item to the July 22, 1991 City 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
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE
ENTERTAINMENT PERMIT - EL TORITO RESTAURANT, 5995 KATELLA AVENUE,
CYPRESS: Mayor Bowman opened the public hearing. The City Manager reviewed the
staff report dated July 3, 1991, which indicated an application had been submitted for a
Live Entertainment Permit to allow strolling mariachis to entertain throughout the dining
room and cantina area, from 5 to 10 p.m. daily, except on Sundays from 10 a.m. to 2 p.m.
Also being considered was the Karaoke sing-along entertainment. The affidavits of
posting, publication and mailing of the Public Hearing Notices on this matter are on file
in the Office of the City Clerk and, as of this date, no written communications to the
requested permit have been received.
Pursuant to Section 9-8 of the Cypress City Code, the City Council may issue or deny the
permit upon a determination as to whether or not the operation of the trade, occupation
or business by the applicant, and the live entertainment will comport with the peace,
health, safety, convenience, good morals and general welfare of the public or that the
applicant is unfit to be trusted with the privileges granted by such permit or possesses
bad moral character, intemperate habits or bad reputation for truth, honesty or integrity.
The Council has previously established the condition for all live entertainment permits
that they reserve the right to reconsider the granting of the entertainment permit in the
event the noise or other problems associated with the operation at the premises rises to a
level which is of concern to the neighbors.
Mr. Gary A. Nelson, General Manager of the E1 Torito Restaurant, 5995 Katella Avenue,
Cypress, explained that the strolling mariachis are characteristic of several of the E1
Torito Restaurants and the Karaoke is a customer sing-along with video music.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
application for the live entertainment permit. No one wished to speak.
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It was moved by Councilmember Age and seconded by Councilmember Partin to close the
public hearing and approve the permit. 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-
10, SIX-UNIT APARTMENT BUILDING, INCLUDING ONE DENSITY BONUS UNIT,
4811 GRACE AVENUE. Mayor Bowman declared the public hearing open. The Planning
Director presented the staff report dated June 27, 1991, which represented a request to
develop a six unit apartment building, including one density bonus unit located at 4811
Grace Avenue. According to the requirements of the California Environmental Quality
Act, a Negative Declaration will be filed for this project. The proposed apartment
building is a two-story structure fronting on Belmont Street, including four three-bedroom
units, one two-bedroom unit and one one-bedroom unit. A small laundry room facility is
also located at the north end of the site. The applicant has indicated that one of the
three bedroom apartments will be the density bonus unit. Notices of this public hearing
were published, posted and mailed to all property owners within a 300-foot radius. To
date, staff has received no comments on this matter.
The applicant, Mr. Tom Fifield, 2927 Academy Avenue, Anaheim, stated he believed his
project would be a nice addition to the community, is asking for a density bonus of one
unit or for handicapped and he has taken time and effort in planning this project.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
application. No one spoke.
Councilmember Nicholson voiced her approval of the project and the fact that the
applicant was proposing enclosed garages.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to close
the public hearing, certify the Negative Declaration according to the requirement of the
California Environmental Quality Act and approve Conditional Use Permit No. 90-10,
subject to conditions. The applicant approached the Council and asked questions on
several of the conditions of approval responded to by the Directors of Public Works and
Planning. Councilmember Kerry expressed her approval of the enclosed garages for the
project. Councilmember Partin commented that it was a fine project, except that there
have been some comments received by the Planning Department and instructed the
Planning Director to consider additional conditions of landscape screening and window
placement in addition to those approved tonight. 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 ANNUAL LEVY BY COMMUNITY
FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS FOR
THE FISCAL YEAR 1991-92: Councilmember Age stated that she is a Vice President for
Security Pacific Bank and since they are one of the lenders on this project, she will be
abstaining from the vote on this item. The City Manager introduced the City Attorney's
report dated July 3, 1991 which clarified the Rate and Method of Apportionment of the
Special Tax setting forth the method of spreading the annual special tax by levying the
tax first on the Developed Property and then, to the extent needed, levying the tax on the
Undeveloped Property. Representatives were present from Willdan & Associates and the
City Attorney's office to respond to questions from the Council.
Mayor Bowman mentioned that several tract maps were approved by Council and it was
his understanding that those maps encompassed all the area bound by the exterior streets
but, apparently, there is another tract map.
Ms. Angel Lucero, Willdan & Associates, commented that she had prepared the special tax
amounts to be levied this year and, basically, the County of Orange will provide assessor
parcel numbers for all tract maps that are issued through March 1, 1991. All of the tract
maps for Cypress Homes have been recorded; however, two of them were recorded after
March 1, 1991 and the developer is the primary owner at this time.
After a question and answer period, Mayor Bowman stated that the developer is probably
going to prorate that assessment and the buyers should be made aware that they are going
to pay a prorated assessment.
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City Council Minutes July 8, 1991
Mayor Bowman remarked that he is uncomfortable establishing a tax on 558 lots and
leaving 113 lots that are not taxed. Ms. Lucero stated that the only way the current rate
and method can be changed is to go through a new public hearing procedure which would
place the City after the August 10, 1991 deadline to levy this Special Tax and in doing so,
it would very likely endanger the bonding procedure.
Ms. Maryann Goodkind from the City Attorney's office stated that they had tried to set
up a formula that would be fair to everyone involved and once the formula was
presented to the Council, it could not be changed without starting the process over.
- - Mayor Bowman stated that the argument is whether the tax should be spread prorata over
671 lots. The bond was sold to benefit all 671 lots, the taxes need to be generated now to
retire that bond and it isn't fair to those 558 property owners that are going to be levied
this tax.
After additional discussion, and in response to Mayor Bowman, Ms. Goodkind explained
the process required a public hearing be held to change the method of allocation, along
with additional explanation of the procedures.
Councilmember Kerry stated that she felt the Council is compelled to vote on what is
before them and if the tract maps come before them, then address that problem.
The City Manager remarked that the matter has been explained, the City is caught in the
dilemma and to collect any tax at all, we have to proceed with the formula that was
devised in the agreements. He suggested staff work with the consultants to determine the
effects and impacts to see if a public hearing should be held and staff will provide that
information to Council.
Mayor Bowman stated that it appeared that the Council must move forward and levy the
special tax, but he requested this item be researched and a public hearing conducted
because he would be interested in changing the method of levying this tax so it is on a
prorata basis for all the lots.
It was moved by Councilmember Kerry and seconded by Councilmember Partin that the
City Council, acting as the legislative body of Community Facilities District No. 1 adopt
the Resolution by title only, title as follows, authorizing the levy of a special tax.
RESOLUTION NO. 3962
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS
AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 1991-1992
WITHIN SUCH COMMUNITY FACILITIES DISTRICT.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
CONSIDERATION OF REQUEST FOR PRINTING OF THE CITY SEAL ON
PROMOTIONAL T-SHIRTS, REQUESTED BY MR. BEN BONTUYAN: Mayor Bowman
presented the staff report dated July 3, 1991 indicating a communication had been
received from Mr. Ben Bontuyan requesting the City's permission to print the City Seal on
promotional T-shirts which he hoped to sell at the Community Festival.
The City Manager presented a shirt with the identical copy of the City Seal and stated
Mr. Bontuyan hoped to promote these at the Community Festival and the Pony/Colt World
Series. The question was whether or not to allow the use of the City Seal on a
promotional item.
Councilmember Nicholson commented that the Recreation & Park District was going to do
something similar so there would be a conflict on the sale of shirts. Mayor Bowman
concurred and stated the any sale of shirts with the City Seal on them should be limited
to City organizations.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to deny
the request for the City Seal to be used on the T-shirts. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes July 8, 1991
The City Manager noted that Mr. Bontuyan has received permission to print a shirt with a
replica that is similar to the City Seal.
CONSIDERATION OF THE RABBIT ISSUE AT THE CYPRESS NATURE PARK: The
City Manager presented the staff report dated July 3, 1991, with communications attached
from Mr. Jack Boberg and Mr. Eugene Zechmeister requesting an opportunity to make a
verbal presentation to the Council to provide their viewpoints on the rabbit issue at the
Nature Park. He stated that there is a City policy of requiring video tapes to be
previewed prior to showing at a Council meeting. The video tape had been reviewed, it is
in order and there is no objection to showing it.
a_,
Mr. Jack Boberg, 9451 Alderbury Street, Cypress, provided a report to the Council in
which he stated that he was against a rabbit zoo and nature park and the use of tax
money to facilitate it. It is a problem created by unconcerned persons abandoning
unwanted pet rabbits in the Nature Park, but through the Council's actions the problem
continues. We pay taxes for Orange County Animal Control and we now pay taxes for
.the animal zoo in Cypress. He referred to the amount of money spent on the upkeep of
the rabbits and provided examples of the amount of expense involved. He mentioned the
diseases that rabbits carry that can be transmitted to humans and he had asked that a
copy of the report from Dr. Ben Allegato investigating the health issue be sent to the City
Council.
Mr. Eugene Zechmeister, 9452 Alderbury Street, Cypress, spoke on the budget crunch, the
amount of money spent on the rabbits and the increase to the citizens for County services.
It is time for the City Councilmembers to constructively analyze the rabbit problem.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, remarked that the cost projections just
given were outrageous and the Police and the Maintenance Departments do not spend an
inordinate amount of time at the Nature Park. All of the expenses were assumed by Ms.
Sleeper and the Kinship for All Life Foundation. The City didn't start paying any money
until around December 1990. A video was shown that had been taped several months ago
by Ms. Wozniak.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, commented that if parties on the City
Council would spend more time on City business, there would be less time to spend on
rabbits. The rabbits are not hurting anyone and they are for the children.
Mr. Zechmeister stated that he felt the money spent on rabbits should be allocated in
another way.
Councilmember Age stated that this item was minimal compared to what this City Council
approved to contribute to other forms of entertainment in this City.
Councilmember Nicholson commented that the City Council decided to take care of the
rabbits as best they could. The reason the City hired someone to care for the rabbits was
so they wouldn't pass on disease.
After further discussion, Mayor Bowman stated that it is not a question of whether he
likes rabbits or not; it is a question of whether the rabbits belong in the Nature Park and
his position is that they do not belong there.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
receive and file the report. Mayor Bowman stated he would vote against the motion. He
also stated he is willing to go along with the rabbit issue for six months but believed a
phase out project was in order and suggested it be done during the time funding has been
allocated. He advised that he has had communications telling the City to get out of the
rabbit business. Councilmember Nicholson called for the question. The motion carried by
the following roll vote:
AYES: 3 COUNCILMEMBERS: Age, Kerry and Nicholson
NOES: 2 COUNCILMEMBERS: Partin and Bowman
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Age remarked that she understood that the City was trying to adopt out
the rabbits and the six months is a phase out process. Councilmember Nicholson
concurred.
RECESS: Mayor Bowman called a recess at 10:15 p.m. The meeting reconvened at 10:22
p.m. with all Councilmembers present.
CONSIDERATION OF REQUEST TO FILL UPCOMING VACANCY (MEDIA INTERN):
The City Manager summarized the staff report dated July 2, 1991 which requested the
replacement of the upcoming vacancy for a Media Intern. The Media Intern position is a
vital part of not only the Council meeting coverage but also plays a critical roll in the
five man crew needed for in-studio productions.
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City Council Minutes July 8, 1991
It was moved by Councilmember Partin and seconded by Councilmember Kerry to
authorize the filling of the upcoming vacancy in the Media Intern part-time position as
included in the 1991-92 budget. 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 AMENDING THE CABLE TELEVISION COMMISSION'S
CHARGE: The City Manager presented the staff report dated July 1, 1991, which
indicated that the City Council reviewed the current duties of the CATV Commission at
its joint meeting on June 24, 1991. The City Council approved the recommendation to
change the charge of the Commission to take better advantage of the Commission's
telecommunications expertise. The proposed Ordinance would clarify the Commission's
charge to encompass all matters dealing with the CATV Franchisee's service provided to
the public and telecommunication related issues in general.
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, amending the duties of
the CATV Commission.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 2-25, "DUTIES," OF THE CODE OF THE CITY OF
CYPRESS RELATIVE TO THE DUTIES OF THE CABLE TELEVISION
COMMISSION.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF CCIN PROGRAMMING OF TELECOURSES ON EDUCATIONAL
PUBLIC ACCESS CHANNEL 56: The City Manager reviewed the staff report July 1,
1991, which was an issue discussed at the joint meeting between the Council and the
CATV Commission. A report was presented recommending the use of public access
Channel 56 to cablecast the full offering of college telecourses available through the
Community College Television Southern California Consortium (CCIN). Cypress College,
the holder of the license for CCIN in this area, has granted the necessary authority for
the City to telecast the 24 hour a day courses.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to: 1)
Approve the proposal for CCIN programming on Channel 56 and reimbursement of the
$4,460.00 cost of installation to the Corporation for Community College Television
Southern California Consortium, 5400 Orange Avenue, Suite 215, Cypress, CA 90630; 2)
Transfer $4,460.00 from the CATV Institutional Network Fund to the General Fund; and
3) Appropriate $4,460.00 to Account #4186-11-482-24. 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
CONSIDERATION OF PROPOSED POSITION CLASSIFICATION AND
COMPENSATION PLAN AMENDMENT -VIDEO PRODUCTION ASSISTANT: The City
Manager presented the staff report dated July 1, 1991, which represented a request for
the upgrade of one of the two temporary/part-time Media Intern position to a regular
full-time position titled Video Production Assistant. City Council has approved the
upgrade of the position with the adoption of the Fiscal Year 1991/92 budget.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, amcs~d~ng the position classification
and basic compensation plans.
RESOLUTION NO. 3963
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 3574 BY ADDING A CLASS SPECIFICATION
OF VIDEO PRODUCTION ASSISTANT TO THE POSITION CLASSIFICATION
PLAN AND ESTABLISHING COMPENSATION FOR EMPLOYEES IN THE
SERVICE OF THE CITY OF CYPRESS.
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City Council Minutes July 8, 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 45818 - 46016: It was moved by Councilmember Nicholson and
seconded by Councilmember Age to approve the Warrants No. 45818 through 46016 in the
amount of $914,104.15. 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. No one wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 10:28 p.m. to 8:00 a.m.,
Saturday, June 20, 1991 at the Ramada Inn in Cypress.
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ATTEST:
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