Minutes 91-08-26 z G ~
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 26, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:32 p.m.,
Monday, August 26, 1991, in the City Council Chamber, 5275 Orange Avenue, Cypress, by
Mayor Walter Bowman
PRESENT: Councilmembcrs Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson
and staff members Barrett, Donovan, Eynon, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
Mayor Bowman announced that there were some members of the American Legion present.
Mr. Wilbrod Riopelle, representing American Legion Post 295 of Cypress, asked the City
Council to assist them by having the City donate property so Post 295 can construct a
building. Responding to Councilmember Kerry, Mr. Riopelle stated they have looked for
a building to rent and have been unable to find anything. Mr. John Boegsch provided the
Council with an explanation of the community service that the American Legion does for
the City of Cypress. He stated the current property owner is not maintaining the
premises. Councilmember Kerry asked if there was anything in the present conditional
use permit about property maintenance that could be enforced and the Planning Director
stated she would review those conditions.
CONSIDERATION OF AWARD OF CONTRACT FOR CUSTODIAL SERVICES: The
Public Works Director presented the staff report dated August 14, 1991, which indicated
that four bids had been received for custodial services to maintain City Hall. The quote
by Advanced Buildings Maintenance Co., in the amount of $27,600.00 annually, is the
apparent low bid and they have provided satisfactory service for the past two years.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to
approve the renewal of a two year contract for custodial services with Advanced Building a,
Maintenance Co., 10830 E. Whittier Blvd., Whittier, CA 90606 for an annual cost not to
exceed $27,600.00. 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 ACTUARIAL STUDY: The
Assistant City Manager summarized the staff report dated August 21, 1991, which
requested Council consideration of an award of professional services contract for
actuarial studies on the funding levels of the liability and workers' compensation reserve
funds. The City's auditors have indicated that the City should start compliance with
GASB 10 accounting requirements this year in order for the City to have the capacity to
fund any shortfalls within a reasonable time period prior to mandatory GASB ]0
compliance.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
award a professional services contract to Wyatt Company, 345 California Street, San
Francisco, CA 94104, in the amount of $9,200 plus time and expense charges not to exceed
a total of $9,800 for the actuarial studies as outlined in 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
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember Kerry requested that Item No. 10, Consideration of City's Debt Service
Tax Rate and Item No. 23, Consideration of the Cypress Recreation and Park District's
Debt Service Tax be removed for further explanation.
It was moved by Councilmember Partin and seconded by Councilmember Age to approve
the Consent Calendar Items No. 3 through 23 with the exception of Items No. ]0 and 23.
The motion unanimously carried by the following roll call vote:
CITY COUNCIL MINUTES August 26, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item No. 3: Consideration of Approval of City Council Minutes of August 12, 1991.
Recommendation: That the City Council approve the Minutes of August 12, 1991.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of Monthly Investment Program for the Month of July 1991.
Recommendation: Receive and file.
Item No. 6: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Paul J. Cooke, D.B.A. Liquor Shanty, 4982 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 7: Consideration of Approval of the First Amendment to the Redevelopment
Pass-Through Agreements With the County of Orange/Orange County Flood Control
District of the Lincoln Avenue and Los Alamitos Race Track and Golf Course
Redevelopment Projects.
Recommendation: That the City Council, and acting as the Redevelopment Agency of the
City of Cypress, approve the First Amendment to the Redevelopment Pass-Through
Agreements with the County of Orange/Orange County Flood Control District for the
Lincoln Avenue and the Los Alamitos Race Track and Golf Course Redevelopment
Projects, and authorize the Mayor and the Agency Chairman to execute the subject
Amendments.
Item No. 8: Consideration of Account Transfer for the Purchase of an Executive Chair.
Recommendation: That the City Council approve the transfer of $137.78 from the savings
in the laser printer account within the Capital Expenditure Budget for the purchase of an
executive chair.
Item No. 9: Consideration of Acceptance of Final Report for City of Cypress'
Participation in City of Stanton's Knott Avenue Rehabilitation Project, AHFP No. 1283,
Public Works Project No. 9126.
Recommendation: That the City Council: I) Accept the City of Cypress' portion of the
Rehabilitation of Knott Avenue, City of Stanton's project, AHFP No. 1283, as being
satisfactorily completed in accordance with the Plans and Specifications; and 2) Approve
the final payment of $3,616.47 to the City of Stanton.
Item No. 11: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Clyde C. Lawrence, CFO/Dir. of Sun Spots, Inc., D.B.A. Oasis Market, 9175
Valley View Street, Cypress.
Recommendation: Receive and file.
Item No. 12: Consideration of an Application for an Original Alcoholic Beverage License
Filed by TRMI Holdings, Inc., D.B.A. Texaco, 6000 Cerritos Avenue, Cypress.
Recommendation: Receive and file.
Item No. 13: Consideration of Extension of Conditional Use Permit No. 89-13, Oriental
Missionary Society, Orange county Holiness Church, 4872 Bishop Street.
Recommendation: That the City Council grant an extension of Conditional Use Permit
No. 89-13 for six (6) months, ending February 26, 1992.
Item No. 14: Continuation of Consideration of an Amendment to the Residential Density
Bonus Policy Addressing Section 9.8, "Residential Density Bonus Standards and
Regulations," Owner-Occupied Projects.
Recommendation: That the City Council continue this item to the September 23, 1991
City Council meeting in order for the City Attorney's office to prepare the appropriate
documents for Council.
Item No. I5: Consideration of Design Review Committee's Approval of DRC #91-18.
Recommendation: Receive and file.
Item No. 16: Consideration of an Application for an Alcoholic Beverage License Transfer
Filed by Benito A. & Laura S. Signorello, D.B.A. Antonino's Italian Food, 4455 Cerritos
Avenue, Cypress.
Recommendation: Receive and file.
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CITY COUNCIL MINUTES August 26, 1991
Item No. 17: Consideration of Authorization to Apply for Smoke-Free Cities Mini-Grant.
Recommendation: That the City Council authorize staff to submit an Intent to Apply for
a California Smoke-Free Cities Mini-Grant and direct staff to report back to Council
regarding proposals for aMini-Grant.
Item No. 18: Consideration of Reappointment of Mr. David Garber to the Cypress Traffic
Commission.
Recommendation: That the City Council confirm the reappointment of Mr. David Garber
to the Cypress Traffic Commission for another four-year term of office to expire on
August 10, 1995.
Item No. 19: Consideration of Authorization for Personnel Director to Attend the Cal
PELRA Annual Conference.
Recommendation: That the City Council authorize Gary Bacock, Personnel Director, to
attend the Cal PELRA Annual Conference in Monterey, California, from November 6-8,
1991, and be reimbursed for all actual and necessary expenses incurred.
Item No. 20: Consideration of Resolution from the City of Mission Viejo Requesting
Congressional Legislation to Permit Local Telephone Companies to Design, Develop, and
Manufacture Telecommunications Software and Equipment.
Recommendation: That the City Council refer this matter to the City's Cable Television
Commission for their review and report at a future Council meeting.
Item No. 21: Consideration of Resolution of Commendation for Eagle Scout Jason
Edward Marks.
Recommendation: That the City Council adopt the Resolution of Commendation by title
only, title as follows, for Eagle Scout Jason Edward Marks.
RESOLUTION NO. 3970
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT JASON EDWARD MARKS ON ATTAINING THE
RANK OF EAGLE SCOUT.
Item No. 22: Continuation of Consideration of an Amendment to Cypress Subdivision
Ordinance No. 91-1 and Amendment to Zoning Ordinance No. 91-1, Parkland Dedication
of Fees-in-Lieu.
Recommendation: That the City Council continue this item to the September 9, 1991 City
Council meeting.
END OF CONSENT CALENDAR
Regarding Consideration of City's Debt Service Tax Rate for the 1991-92 Fiscal Year and
Consideration of Cypress Recreation and Park District's Debt Service Tax Rate for the
1991-92 Fiscal Year, Finance Director Richard Storey explained that the City is providing
information to the County in order to allow them to place the voter approved tax amount
for each resident on the property tax rolls.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to
approve the Resolutions by title only, title as follows, fixing the Voter approved
Indebtedness Tax Rate.
RESOLUTION NO. 3971
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING
THE VOTER APPROVED INDEBTEDNESS TAX RATE FOR THE FISCAL
YEAR 1991-92.
RESOLUTION NO. 171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND
PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS,
FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE IN SAID
DISTRICT FOR THE FISCAL YEAR 1991-92.
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 August 26, 1991
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Agc and seconded by Councilmember Kerry to adopt the
Resolution by title only, title as follows, approving CUP No. 91-12.
RESOLUTION NO. 3972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-12 -WITH CONDITIONS
(CONSTRUCT A 10-UNIT CONDOMINIUM PROJECT, 9402 HOLDER 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
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving tentative tract map no.
14495.
RESOLUTION NO. 3973
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 14495 -WITH CONDITIONS
(DIVISION OF ONE PARCEL FOR DEVELOPMENT OF A 10-UNIT
CONDOMINIUM, 9402 HOLDER 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
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
order the following Ordinance read by title only, title as follows and to adopt the
Ordinance amending the Vehicle Trip Reduction Program.
ORDINANCE NO. 873
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ARTICLE XVI ESTABLISHING A VEHICLE TRIP REDUCTION
PROGRAM FOR THE CYPRESS BUSINESS PARK.
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 5:52 p.m. to enable the
Council to enter Closed Session to discuss Personnel and litigation matters. The meeting
reconvened at 7:37 p.m. with all Councilmembers present and staff members Barrett,
DeCarlo, Donovan, Eynon, Storey and Wicker also present.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age.
PRESENTATIONS:
Mayor Bowman presented Certificates of Appreciation to representatives from Pest
Control Operators of Orange County and Barr Lumber Company for their Community
Service effort to the Cypress Boys & Girls Club. A representative from the Soil Chemical
Corporation was unable to attend.
The City Manager summarized the actions taken by the City Council during the 5:30 p.m.
portion of the meeting and the presentation made by the American Legion Post 295
asking for Council assistance in acquiring property.
The City Attorney reviewed the discussions held during Closed Session on: staff salary
and fringe benefits study; code enforcement problems in the areas of building and zoning
and the fuel facility contract dispute between the City and the contractor.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda
Councilmember Kerry suggested that the City research the possibility of having an award
program for employees who suggest cost-saving ideas.
Mayor Bowman stated that he has received a number of phone calls regarding water rates.
He suggested that the Southern California Water Company and the Metropolitan Water
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CITY COUNCIL MINUTES August 26, 1991
District attend a Council meeting and make a presentation on water rates and excess
charge computation.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No
one wished to speak.
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 City Manager
referred to the staff report dated August 19, 1991, which indicated the property owner
decided not to proceed with development of the commercial center. The applicant has, p,
therefore, submitted a letter withdrawing his application for a convenience market.
It was moved by Councilmember Partin and seconded by Councilmember Age to close the
public hearing and accept the withdrawal of the application for Conditional Use Permit
No. 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
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT
TO CONDITIONAL USE PERMIT NO. 78-27, REQUEST TO CONSTRUCT AN 8,000
SQUARE FOOT, TWO-STORY CLASSROOM FACILITY, CALVARY CHAPEL OF
CYPRESS, 5202 LINCOLN AVENUE: Mayor Bowman opened the hearing. The City
Manager read a communication he had received from Pastor Jack Stevens of Calvary
Chapel of Cypress, which requested a withdrawal of their application for a conditional
use permit to construct atwo-story classroom facility.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
close the public hearing and accept the withdrawal of the amendment to Conditional Use
Permit 78-27. 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 SPECIAL
PERMIT - MR. HARRY R. NELSON, JR. -DOOR-TO-DOOR SALE OF AMWAY
PRODUCTS: Mayor Bowman declared the public hearing open. The City Manager
presented the staff report dated August 20, 1991, which described an application received
for a Special Permit to allow door-to-door solicitation for the sale of Amway Products.
The Affidavits of Publication and Posting of the Public Hearing Notice on this matter
are on file in the Office of the City Clerk and, as of this date, no written
communications have been received either in favor of or opposition to this application.
In accordance with Section 15-62 of the Cypress City Code, the City Council 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 City Council may deny the permit; conditionally approve the permit; or
unconditionally approve the permit. In the past, door-to-door solicitation permits have
been approved with the condition that the solicitation be limited to Monday through
Saturday, from 9:00 a.m. to 6:00 p.m.
The applicant, Harry R. Nelson, Jr., 6136 Jeffrey Mark, Cypress, in response to
Councilmember Age, stated he would be the only person selling Amway Products door-to-
door.
Mayor Bowman asked if anyone wished to speak in support of or opposition to the
application. No one wished to do so.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to close
the public hearing and conditionally approve the application for Special 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-
11, CONVERT AN EXISTING SINGLE-STORY MOTEL/APARTMENT BUILDING INTO
A CHURCH FACILITY 5271 LINCOLN AVENUE: The public hearing was opened by
Mayor Bowman. The Planning Director presented the staff report dated August 20, 1991,
which represented a request to convert an existing single-story motel/apartment building
into a church facility located at 5271 Lincoln Avenue. The subject property is an unusual
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CITY COUNCIL MINUTES August 26, 1991
configuration consisting of a rectangularly shaped parcel 80 feet wide and approximately
500 feet deep. According to the requirements of the California Environmental Quality
Act, a Negative Declaration will be filed for this project. Notices of this public hearing
were published, posted and mailed to all property owners within a 300 foot radius. Staff
has received no written or verbal communication regarding this matter.
Mr. Jay Sim, 955 So. Western Avenue, Los Angeles, described the proposed project and
surroundings. He mentioned the traffic impact and points of ingress and egress to the
church which was founded in 1983 and has approximately 120 members. He urged the
Council to approve the conditional use permit.
Councilmember Kerry suggested that a condition be added that no one be allowed to live
on the site. She also directed staff to provide a condition so the existing gate at the
Lincoln Avenue driveway will remain closed, and not act as a means of ingress or egress
by the parishioners.
Mayor Bowman asked if anyone wished to speak in favor of the application.
Mr. Albert W. Garrison, Director of Financial Services of the Presbyterian Synod of
Southern California and Hawaii, 1501 Wilshire Blvd., Los Angeles, reported that his office
has approved funding for the purchase of the property.
Mr. Frank Adamo, 9312 Grindlay Street, Cypress, presented signatures of neighbors and
parishioners urging the Council's approval of the conditional use permit.
Pastor Ki Duck Lee, Sion Sung Joong Ang Presbyterian Church, 18316 Heather Avenue,
Cerritos, thanked Council and staff for reviewing the proposed plan and if the plan is
approved, the church will be a productive part of Cypress.
No one wished to speak in opposition to the application.
Councilmember Kerry asked about a sign plan and the Planning Director answered that a
sign plan has not been reviewed at this time and is subject to Design Review.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close the
public hearing, certify the Negative Declaration in accordance with the California
Environmental Quality Act and approve Conditional Use Permit No. 91-11 subject to
conditions with the additional conditions for the gate on the Lincoln Avenue driveway
which would remain closed except for fire department access only and no one be allowed
to live on the premises. The Police Chief requested that Council consider that leaving the
property unattended may create an attractive nuisance and for security reasons, it be
appropriate to have someone on premises for protection of their property and also the
Tower Business Center. The applicant advised that they did not have any plans to have a
family live on the property but a caretaker might live on the premises. Councilmember
Kerry agreed to modify the latter condition to allow one unit on the property to be
occupied. 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 REQUEST FOR GATING PEDESTRIAN
ACCESS POINTS FROM THE STANTON CHANNEL BIKE TRAIL TO CYPRESS
VILLAGE: The Public Works Director reviewed the staff report dated August 15, 1991,
which indicated a letter was received from the Cypress Village Homeowners Association
who had unanimously passed a Resolution requesting the City of Cypress allow the
Association, at its sole cost and expense, to secure the two pedestrian entrances to the bike
path. Staff recommends that if Council authorizes the closure of these access ways they
require the closure be by installation of wrought iron, self-closing, locking security gates.
Mr. Richard Price, President of the I-lomcowncrs' Association, 11350 Holder Street,
Cypress, stated that gate will be unlocked b}' the standard pool key which is given to each
homeowner in the association..
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
approve the closure of the two pedestrian access points from the Stanton Channel Bike
Trail to Cypress Village and require that 1) closure be by the installation of a wrought
iron, self-closing, locking security gate; 2) the Association's contractor come to the City
for anon-fee permit; and 3) the contractor provide to the Cypress Police Department a
key to the gate. Councilmember Partin commented that he believed this was the best
compromise that could be made and he supported the action. 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 August 26, 1991
CONSIDERATION OF REQUEST BY PACIFICARE HEALTH SYSTEMS, INC., TO
EXCAVATE IN THE PUBLIC RIGHT-OF-WAY FOR THE PURPOSE OF INSTALLING
A COMMUNICATIONS FACILITY, PUBLIC WORKS PROJECT NO. 9138: The City
Manager requested the Public Works Director to summarize the staff report dated August
15, 1991, which indicated a request had been received from PacifiCare Health Systems,
Inc. to excavate in the public right-of-way Cor the purpose of installing 2,855 lineal feet
of two four inch conduits. It is recommended that the applicant pay an annual fee to the
City for the use of City property. This fee shall be paid by PacifiCare and subsequent
applicants for permission to install and operate similar communications systems in the
right-of-way.
The Assistant City Manager explained that the City had investigated the possibility of
combining this usage with the existing cable system and it wasn't possible because the
systems are not compatible and economically feasible.
Mayor Bowman addressed the proposed Resolution, Item 4, which reads, "...relocate said
conduit to an alternative site designated by the Director of Public Works" and it should
be spelled out that it will be at the applicant's expense. The City Manager stated that
was the intent and the section should be amended for clarification.
Mr. Carlos Negrete, Network Manager for PacifiCare, stated that the project is unique in
that it is a private network only for PacifiCare. The McDonnell Douglas piece wilt
become PacifiCare's conduit system and is a part of the same project.
The Public Works Director stated that a meeting was held with a representative from
McDonnell Douglas and it was determined that all PacifiCare would have to do is submit
a reasonable request to the Council to assume McDonnell-Douglas communications facility.
It was moved by Councilmember Nicholson and seconded by Kerry to adopt the
Resolution by title only, title as follows, authorizing PacifiCare Health Systems, Inc., to
excavate in the public right-of-way for the purpose of installing a communications
facility and to amend the Resolution to clarify that any movement to an alternative site
will be at the applicant's expense.
RESOLUTION NO. 3974
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING PERMISSION TO PACIFICARE HEALTH SYSTEMS, INC., TO
EXCAVATE IN THE PUBLIC RIGHT-OF-WAY FOR THE PURPOSE OF
INSTALLING A COMMUNICATIONS 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
CONSIDERATION OF REQUEST BY MCDONNELL DOUGLAS CORPORATION TO
EXCAVATE IN THE PUBLIC RIGHT-OF-WAY FOR THE PURPOSE OF INSTALLING
A COMMUNICATIONS FACILITY. PUBLIC WORKS PROJECT NO. 9143: The Public
Works Director presented the staff report dated August 15, 1991, which represented a
request to excavate in the public right-of-way for the purpose of installing 1,081 feet of
four inch conduit. The Public Works Director stated that the "1,081 feet" should be
changed to "730 feet of four inch conduit." The City Manager advised that this was the
same as the previous report and the same clarification should be made in Item 4 of the
Resolution, i.e., that any move to an alternative site would be at the applicant's expense.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, authorizing McDonnell Douglas
Corporation to excavate in the public right-of-way for the purpose of installing a
communications facility.
RESOLUTION NO. 3975
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING PERMISSION TO MCDONNELL DOUGLAS CORPORATION TO
EXCAVATE IN THE PUBLIC RIGHT-OF-WAY FOR THE PURPOSE OF -
INSTALLING A COMMUNICATIONS FACILITY, PUBLIC WORKS PROJECT
NO. 9143.
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 THE OXFORD SITE LEASE AGREEMENT: The City Manager
reviewed the staff report dated August 20, 1991, which stated that the negotiations for
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CITY COUNCIL MINUTES August 26, 1991
the new lease agreement for the Oxford site between the City and the Anaheim Union
High School District have been concluded. The new agreement commences September 1,
1991 and ends June 30, 1992, provided for continued use of the Cultural Arts Center and
storage facilities for Recreation & Parks. The City's prior sublessees will lease their
respective classroom space directly from the school district. The City's obligation for the
normal day-to-day upkeep of the Cultural Arts Center remains the same with the
exception that the school district has agreed to assume responsibility for the cost of all
utilities other than telephone service.
Councilmember Kerry stated that she noticed the City does not have the right of first
refusal which was under the previous lease and the agreement is not even for a year. The
City Attorney clarified that if the property were sold the City would have first right of
refusal.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
authorize the Mayor to sign and the City Clerk to attest the Oxford Lease agreement with
Anaheim Union High School District. 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 SIGN ORDINANCE UPDATE SIGN ISSUES: REAL ESTATE,
FREESTANDING, MONUMENT, TIME/TEMPERATURE AND MARQUEE: The City
Manager requested the Planning Director summarize the staff report dated July ll, 1991,
which mentioned signs that have not previously been addressed during sign ordinance
discussions. The signs are: real estate, freestanding monument, time/temperature and
marquee. The consultant was not in the audience and he was to give the presentation.
Mayor Bowman stated that he did not know how much needed to be discussed this
evening because a workshop is planned and he would like to request that the Chamber of
Commerce review the proposed sign ordinance. The Planning Director would provide the
Chamber of Commerce with a copy of the draft sign ordinance and the non-conforming
section and they could submit their comments in writing prior to a workshop or a public
hearing. Mayor Bowman requested the comments from the Chamber be made in writing
and they can attend the public hearing to make any verbal comments.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson to
table this item. 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 RESOLUTION DESIGNATING CERTAIN CITY EMPLOYEES
TO ISSUE CITATIONS FOR VIOLATIONS OF THE CODE OF CYPRESS: The Planning
Director summarized the staff report dated August 21, 1991, which indicated that a
Resolution had been prepared to allow City staff to use citations as part of the code
enforcement for municipal violations specifically for the City code, the zoning ordinance
and also the California Vehicle Code, which would take into consideration some of the
abandoned vehicles that have been a problem in the City. An initial citation would be
issued as an infraction. If the violation was not corrected, additional citations can be
issued to encourage correction. If correction was not achieved by the third infraction
citation, the fourth citation may be issued as a misdemeanor.
Responding to Mayor Bowman, the Code Enforcement Officer advised that the uniform
bail schedule has been adopted by the court assessing the fines and they follow the bail
schedule. Mayor Bowman requested that the fine assessment be reviewed and he
indicated that some cities may have amounts higher than this schedule. The City
Attorney explained that some cities may have higher assessments but they often get
knocked down by the court to the level that the Court has approved, so what is in the
ordinance may not be what is ordered by the court.
After some discussion, the City Manager stated that the fines are separate from this
Resolution and he suggested that the fine assessment schedule be reviewed by checking
surrounding cities and courts then return to Council with a recommendation.
Mayor Bowman also asked if the fine for a misdemeanor can be greater than $1,000 and
more than 6 months in jail. The City Attorney advised that a charter amendment would
be required and six months is the maximum jail time for a misdemeanor.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt
the Resolution by title only, title as follows, designating certain City officials as those
officers and employees authorized to issue citations for violations of the Code of the City
of Cypress, the Cypress City Zoning Ordinance and for authority to remove vehicles
pursuant to the California Vehicle Code. Councilmember Age also requested that this
item be publicized extensively, such as in the Cypress Newsletter.
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CITY COUNCIL MINUTES August 26, 1991
RESOLUTION NO. 3976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DESIGNATING CERTAIN CITY OFFICIALS AS THOSE OFFICERS AND
EMPLOYEES AUTHORIZED TO ISSUE CITATIONS FOR VIOLATIONS OF THE
CODE OF THE CITY OF CYPRESS, THE CYPRESS CITY ZONING
ORDINANCE, AND FOR AUTHORITY TO REMOVE VEHICLES PURSUANT
TO CALIFORNIA VEHICLE CODE SECTION 22669.
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 RECLASSIFICATION OF MEDIA SERVICES SUPERVISOR TO
MANAGEMENT ASSISTANT -MEDIA SERVICES AND DESIGNATING THE POSITION
AS A MANAGEMENT POSITION: The City Manager presented the staff report dated
August 20, 1991, which indicated that based on the duties of the Media Services
Supervisor, the position should be classified as amid-management position and exempt
from overtime. The current incumbent in the position has agreed to the reclassification.
The employee's pay status will not change unless there is a cost of living adjustment on
and after December 24, 1991 or the employee earns a merit increase to move within the
salary range on or after one year from the date of reclassification.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
adopt the Resolutions by titles only, titles as follow, revising a class specification in the
position classification plan, establishing salaries for certain employees and amending the
Resolution pertaining to relations and communications between the City of Cypress and
its employees.
RESOLUTION NO. 3977
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574, BY REVISING A
CLASS SPECIFICATION IN THE POSITION CLASSIFICATION PLAN FOR
EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS AND THE
CYPRESS RECREATION AND PARK DISTRICT.
RESOLUTION NO. 3978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, ESTABLISHING SALARIES FOR CERTAIN EMPLOYEES IN
THE SERVICE OF THE CITY OF CYPRESS AND THE CYPRESS RECREATION
AND PARK DISTRICT.
RESOLUTION NO. 3979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, AMENDING RESOLUTION NO. 970 PERTAINING TO
RELATIONS AND COMMUNICATIONS BETWEEN THE CITY OF CYPRESS
AND ITS EMPLOYEES.
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. 46530 - 46771: It was moved by Councilmember Age and seconded by
Councilmember Partin to approve the Warrants No. 46530 through 46771 in the amount of
$816,183.51. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COIINCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Partin asked if a summary in Spanish could be prepared of the leaf
blower ordinance and given to violators that are perpetuating most of the problems and
the City Manager responded in the affirmative.
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CITY COUNCIL MINUTES August 26, 1991
He also mentioned a letter received from Sally Ann Sheridan and the City Manager
explained that there is a new study to review a reorganization potential for the County-
wide fire service. There have been some equity issues involved in the fire services in the
contract cities.
Councilmember Partin mentioned the petition on recreational vehicles and the City
Manager explained that they have formally applied for an amendment to the conditional
use permit so it will be a public hearing issue.
Councilmember Kerry mentioned that .Councilmember Partin had asked for a survey that
the Orange County Fire Department had on the fire stations in Cypress and the City
Manager has the information available and will provide it to the Council.
Mayor Bowman mentioned that the Concert on the Green held August 17, 1991 had a
tremendous turnout, the crowd was estimated to be 1,300 people and it was a great
concert.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:00 p.m.
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