Minutes 91-09-09
G_ c~ ~
3~~,
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 9, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:32 p.m.,
Monday, September 9, 1991, in the City Council Chamber, 5275 Orange Avenue, Cypress,
by Mayor Walter Bowman.
PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson
and staff members Bacock, Barrett, Donovan, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Mayor Bowman requested that Item 14a be added to the Consent Calendar, addressing the
City Council/City Manager Leadership Team Workshop, June 3 through 5, 1992 to be held
in South Lake Tahoe. It was moved by Councilmember Partin and seconded by
Councilmember Kerry to add Item 14a. 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
Mayor Bowman requested that Item No. 7 be removed and Councilmember Kerry asked
that Items No. 10 and 14a be removed from the Consent Calendar.
It was moved by Councilmember Age and seconded by Councilmember Kerry to approve
the Consent Calendar Items No. 1 through 14a, with the exception of Items No. 7, 10 and
14a. 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. 1: Consideration of Approval of City Council Minutes of August 26, 1991.
Recommendation: That the City Council approve the Minutes of August 26, 1991.
Item No. 2: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 3: Consideration of Proclaiming September 23-27, 1991, as "Rideshare Week".
Recommendation: That the Mayor and City Council officially proclaim September 23-27,
1991, as "Rideshare Week" in the City of Cypress.
Item No. 4: Consideration of Change Order No. 2 to Project No. 9024, Texaco Park
Additional Building Contract.
Recommendation: That the City Council, and acting as the ex officio governing Board of
Directors of the Cypress Recreation and park District, receive and file this matter.
Item No. 5: Consideration of Resolution Commending Eagle Scout R. Brandon Eggleston.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Boy Scout R. Brandon Eggleston on attaining the rank of Eagle
Scout.
RESOLUTION NO. 3980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT R. BRANDON EGGLESTON ON ATTAINING THE
RANK OF EAGLE SCOUT.
Item No. 6: Consideration of Recommendations of the Traffic Commission Meeting of
August 20, 1991.
Recommendation: That the City Council approve the recommendations of the Traffic
Commission and adopt the Resolution by title only, title as follows, providing for the
installation of "No Parking Anytime" areas at the following locations: 1) 40' of "No
3~3
City Council Minutes September 9, 1991
Parking Anytime" adjacent to the existing 20' of "No Parking Anytime", providing a total
of 60' of "No Parking Anytime" area north of the Casa Grande Apartment driveways on
the west side of Denni Street, and 2) 20' of "No Parking Anytime" area south of the Casa
Grande Apartment driveways on the west side of Denni Street.
RESOLUTION NO. 3981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING "NO PARKING ANYTIME" AREAS ON PORTIONS OF DENNI
STREET, ADJACENT TO THE CASA GRANDE APARTMENTS.
Item No. 8: Consideration of Account Transfer and Use of Remaining Capital
Expenditure Funds for the Purchase of an Executive Chair.
Recommendation: That the City Council: 1) Approve the transfer of $188.00 from the
savings in the Planning Department's laser Printer Account No. 4302-90-657-36 to the
Public Works Department-Engineering Capital Expenditures Account No. 4671-90-653-38;
2) Approve the transfer of $400.00 from Account No. 4303-90-657-36 to Account No. 4671-
90-653-38; and 3) Authorize the purchase of a replacement executive chair with the
combined savings of the Planning and Public Works Departments.
Item No. 9: Consideration of Status of Hazardous Waste Consulting Services by Hydrotech
Consultants, Inc.
Recommendation: That the City Council authorize staff to close out the contract with
Hydrotech Consultants, Inc.
Item No. 11: Consideration of Vacancy Report.
Recommendation: Receive and file.
Item No. 12: Consideration of Proclaiming September 22-28, 1991, as "Arts Week".
Recommendation: That the Mayor and City Council officially proclaim September 22-28,
1991, as "Arts Week" in the City of Cypress.
Item No. 13: Consideration of Proclaiming October 1991, as "Independent Living Month".
Recommendation: That the Mayor and City Council officially proclaim October 1991, as
"Independent Living Month" in the City of Cypress.
Item No. 14: Consideration of Design Review Committee's Approval of DRC #91-9.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
Regarding Item No. 7, Consideration of Allowing City Staff to Explore the Refinancing
of the City of Cypress' Single Family Residential Revenue Bonds of 1980 and Employ
Consultants on a Contingency Basis, Mayor Bowman asked for a clarification of the
process to refinance the bonds. The Finance Director responded that the refinancing
would reduce the interest from approximately 8.9% to 7.0%. The remaining balance would
be sold, thus enriching the City's General Fund by about $450,000.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt
the Resolution by title only, title as follows, authorizing the City to enter into a contract
with Whipple, Kinsell & Co., Inc., and Chapman & Cutler concerning the refunding of the
City of Cypress' Single Family Residential Mortgage Revenue Bonds of 1980, at no direct
cost to the City.
RESOLUTION NO. 3982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPOINTING CERTAIN CONSULTANTS FOR THE PROPOSED
REFINANCING OF THE SINGLE FAMILY RESIDENTIAL REVENUE BONDS
OF 1980.
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 Item No. 10, Consideration of Minor Amendment to Wayland/Cypress Specific
Plan Landscape Concept Plan, Councilmember Kerry asked what type of landscaping was
originally approved for the project. Since the Planning Director was not present, the City
Manager suggested that this item be deferred to a time later in the evening. Hearing no
objection, Mayor Bowman so ordered.
2
City Council Minutes September 9, 1991
Regarding the City Council/City Manager Leadership Team Workshop, Councilmember
Kerry questioned the advisability of attending the workshop this year since the City is
experiencing budget constraints. Councilmember Age stated that she would rather attend
this workshop than any of the others because of its value. Councilmember Partin and
Mayor Bowman concurred. Councilmember Kerry clarified that she did not disagree with
the concept but perhaps this was not the year to attend because of the tight budget. It
was moved by Councilmember Partin and seconded by Councilmember Age to authorize
the attendance of the City Manager and City Council at the Leadership Team Workshop
to be held June 3 through 5, 1992 in South Lake Tahoe. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Nicholson, Partin and Bowman
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None '
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Age and seconded by Councilmember Partin to adopt the
Resolution by title only, title as follows, approving CUP No. 91-11.
RESOLUTION NO. 3983
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-11 -WITH CONDITIONS
(CONVERT EXISTING SINGLE-STORY MOTEL/APARTMENT BUILDING INTO
A CHURCH FACILITY, 5271 LINCOLN 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
CLOSED SESSION: Mayor Bowman recessed the meeting at 5:41 p.m. to enable the
Council to enter into Closed Session to discuss matters of personnel and litigation. The
meeting reconvened at 7:34 p.m. with all Councilmembers present. Also present were staff
members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Partin.
PRESENTATIONS:
Mr. Robert Perry of the Southern California Gas Company presented a check in the
amount of $500 to Police Chief Wicker to be used for the D.A.R.E. Program. Mayor
Bowman mentioned that there will be a big campaign this year for "Red Ribbon Week"
encompassing the entire City during the week of October 19.
Mr. Art Gomez of the Southern California Water Company introduced Mr. Brad Hilcher
from the Metropolitan Water District, Mr. Keith Coolidge of the Municipal Water District
of Orange County and Mr. LeRoy Barker also of the Southern California Water Company
who provided explanations on the water district, some of the challenges, the cost
ramifications of the rate increases, water supply situation, conservation and the drought.
It was also stated by water district representatives that water rates would increase 15%
annually for a period of ten years.
The City Manager described the actions taken by the City Council during the 5:30 p.m.
portion of the Agenda.
The City Attorney summarized discussions held during Closed Session on several items:
Cal Science vs. the City of Cypress; Schwegmann vs. City of Cypress; Civic Center
property negotiations and certain personnel actions.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Terese McCormack, 9103 Esther Street, Cypress, proposed an addition to Ordinance
831, which addressed commercial zones and noise standards therein. She complained
about the barking of a guard dog kept on the grounds of a business establishment behind
her home. The City Manager advised that staff will review the matter.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No
one wished to speak.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE
PERMIT NO. 82-18 EXTENDED HOURS OF OPERATION AT THE H & M
RECREATIONAL VEHICLE STORAGE, 4656 LINCOLN AVENUE, CYPRESS: Mayor
Bowman opened the public hearing. The Planning Director presented the staff report
dated August 29, 1991, which represented a request to extend the existing hours of
3
~ ~
City Council Minutes September 9, 1991 ~
operation at an existing recreational vehicle (RV) storage facility. Currently, the hours
of operation at the RV storage facility are from 9:00 a.m. to 5:00 p.m. The proposed
extension of hours will be from 8:00 a.m. to 7:00 p.m. In accordance with the California
Environmental Quality Act, a Negative Declaration will be filed for this project. Notices
of this public hearing were posted, published and mailed to the property owners within a
300-foot radius of the subject property. To date, staff has received a petition signed by
many of the RV storage patrons in support of the proposed of hours.
The applicant, Steve Basco, Manager of H&M RV Storage, 4656 Lincoln Avenue, Cypress,
stated that he is attempting to expand the hours to be in line with other RV storage lots.
He asked that if the neighbors had any complaints on noise, call him and he would
resolve the problem. He also stated that RV owners were in the audience to speak on
behalf of the application.
Responding to Councilmember Age, Mr. Basco stated that noise complaints have been
received against Hyatt, not H&M.
The Police Chief reported that the data he had on noise complaints was specifically H&M
at 4656 Lincoln Avenue over the last two years.
Mayor Bowman asked if anyone wished to speak in favor of the application.
Mr. Bob Brothwell, 9082 Moody Street, Cypress, advised that he has an RV stored on this
lot and, on numerous occasions, has the need to transport people, at any hour, to a
medical center approximately 150 miles away. He has found the restriction on hours very
inconvenient.
Mr. Stanley Jones, 11365 Orrs Court, Cypress, stated he has an RV stored on this lot,
works in Redondo Beach and he finds it extremely difficult to get to the lot on any night
prior to 5:00 p.m.
Mayor Bowman asked how many people in the audience were in favor of the application
and approximately 20 people raised their hands.
Mayor Bowman asked if anyone wished to speak in opposition to the application.
Mr. Howard Neal, 9171 Julie Beth Street, Cypress, stated that probably the reason
complaints haven't been received is that the residents have worked with the City and the
original owner to arrive at the present permit and the present hours of operation. He was
opposed to any extended hours.
Mr. Bob Stack, 9151 Julie Beth Street, Cypress, advised that his residence abuts the RV
storage property, a high fence has been constructed and large trees planted which do
screen some of the noise. It is still very loud in the evening and he has personally
complained about noise. He feels the RV Storage lot is still a disturbance and the hours
should not be extended.
Responding to Councilmember Nicholson, Mr. Stack commented that he thought most of
the noise came from Hyatt.
Ms. Ann Marie McClaflin, 9161 Julie Beth Street, Cypress, directly adjacent to the RV
storage area, indicated that the violation of hours of operation still occurs. She is
terrified of the prospect of anyone having access to her property.
After several questions from Council on noise and other disturbances, the applicant
clarified that 4656 Lincoln Avenue was the address for both H&M Recreational Vehicle
Storage and Hyatt Die Cast. The applicant stated that if there are problems, he would
appreciate a call directly from the neighbors and he would take care of the problems.
Councilmember Partin mentioned that when this project first came before Council, the lot
wouldn't have been approved if it weren't for the hours of operation from 9 to 5.
Councilmember Age commented that it appeared that the negative comments on the lot
seem to stem from what occurs after hours. Councilmember Nicholson concurred and
stated that some of the noise appears to emanate from Hyatt Die Cast She suggested
considering a change in the hours from 8:00 a.m. to 7:00 p.m. during daylight savings time,
revert to the regular hours 9:00 a.m. to 5:00 p.m. during standard time and review the
permit in six months.
After some discussion, Mayor Bowman suggested that this item be continued to obtain
additional input from the residents.
Councilmember Age remarked that the source of the noise needed to be pinpointed,
whether it is coming from Hyatt or the RV storage lot.
Mr. Neal clarified that during the permitted operating hours, noise is heard from the
storage yard. He stated the noise does come from the RV storage lot.
4
City Council Minutes September 9, 1991
Councilmember Kerry addressed a concern expressed by one of the residents, which is the
noise made by an RV when it is backing up.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that the backup horns are required
by State law.
No one else wished to speak in support of or in opposition to the application.
Councilmember Partin suggested this item be continued to the next meeting to allow the
Planning Director to meet with the applicant and residents to arrive at a compromise on
the hours.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to close
the public hearing, certify the Negative Declaration, approve Amendment to Conditional
Use Permit No. 82-18 with the hours of operation changed from 8:00 a.m. to 7:00 p.m.
during Daylight Savings Time, revert to the regular hours of operation, 9:00 a.m. to 5:00
p.m., during Standard Time and this item be brought back to the Council for review after
six months. Mayor Bowman felt that this item should be continued to the next meeting to
allow the homeowners to meet with the storage lot management and would vote against
the motion. Councilmember Partin stated he would like to see additional meetings and
information shared between the residents and the applicant He would not support the
motion at this time. Councilmember Kerry advised that she would concur with the trial
period and the review after six months. Perhaps, at that time, substantiation of where
the noise problems really are can be provided and she will support the motion. The
motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Kerry and Nicholson
NOES: 2 COUNCILMEMBERS: Partin and Bowman
ABSENT: 0 COUNCILMEMBERS: None
In response to Councilmember Nicholson, the applicant provided his phone number (714)
826-4272 for the residents to call if there are problems concerning the RV storage lot. Mr.
Basco stated that Hyatt has requested that the security cart patrol the perimeter of the
property and, at the same time, check the RV lot. He can stop the security from going
inside the RV lot and he would be willing to talk to Hyatt about not having security
drive the perimeter of the property.
RECESS: Mayor Bowman recessed the meeting at 9:45 p.m. and reconvened at 9:55 p.m.
with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-
14, ACUPRESSURE CLINIC, 6018 CERRITOS AVENUE, CYPRESS: Mayor Bowman
opened the hearing. The Planning Director summarized the staff report dated August 29,
1991, which represented a request to operate a therapeutic acupressure business within an
existing commercial center at 6018 Cerritos Avenue. In accordance with the California
Environmental Quality Act, Negative Declaration will be filed for this project. The
proposed business involves atwo-tiered process: 1) approval by the Chief of Police of a
permit for massage services; and 2) approval by the City Council of a conditional use
permit for the operation of the massage establishment. The Police Department staff has
indicated that the applicant has submitted an application for the massage permit. The
preliminary investigation has been conducted and the Police Department found no
evidence to warrant withholding the permit and the application conforms to all
requirements of the Cypress Zoning Ordinance with respect to conditional use permits.
Notices of this public hearing were posted, published and mailed to the property owners
within a 300-foot radius of the subject property. To date, staff has not received
comments regarding this matter.
Mr. Greg Dixon, leasing agent, stated that he was helping Eun Kim obtain the permit. He
further stated that Ms. Kim has obtained a certification from an approved school which
would allow her to operate an acupressure business and they have complied with all
requests made by the City.
After discussion, Councilmember Kerry requested that hours of operation 10:00 a.m. to
9:00 p.m. be stated in the conditions and the applicant agreed.
Mayor Bowman asked if anyone wished to speak in support of or opposition to the
application. No one spoke.
It was moved by Councilmember Partin 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. 91-14, with
conditions including the addition of the following: "The hours of operation shall be from
10:00 a.m. to 9:00 p.m. only. Any modification of the hours of operation beyond what is
stated will require an amendment to this Conditional Use Permit." The motion
unanimously carried by the following roll call vote:
5
City Council Minutes September 9, 1991
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-
15, RETAIL DRY CLEANING BUSINESS, 11741 VALLEY VIEW STREET, #D,
CYPRESS: Mayor Bowman declared the public hearing open. The Planning Director
presented a summary of the staff report dated August 27, 1991, which represented a
request to operate a dry cleaning business out of a 580 square foot lease space located at
11741 Valley View Street, #D. According to the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this project. The
property owner, Mr. Artin Aywazian, proposed to lease the space to a tenant who wishes
to operate a dry cleaning drop-off and delivery service. No chemicals or related dry
cleaning equipment would be used onsite. Notices of the public hearing were published,
posted and mailed to all property owners within a 300 foot radius of the site. To date,
staff has received no comments on this application.
Councilmember Kerry asked about the possibility of changing the City Code so that a
cleaning establishment in the CN zone that is strictly adrop-off and delivery service not
be required to go through this permit process. The Planning Director advised that after
the General Plan study is complete, there will be a review of the Zoning Ordinance for
final update and the request could be considered at that time.
The applicant, Artin Aywazian, 600 W. Broadway, #220, Glendale, stated he did not have
anything further to add to the staff report.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson, to
close the public hearing, certify the Negative Declaration according to the requirements
of the California Environmental Quality Act and approve Conditional Use Permit No. 19-
15, subject to conditions. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF AMENDMENT TO CYPRESS
SUBDIVISION ORDINANCE NO. 91-1 AND AMENDMENT TO ZONING ORDINANCE
NO. 91-1, PARKLAND DEDICATION OR FEES-IN-LIEU: The Planning Director
reviewed the staff report dated August 30, 1991, which indicated that on July 22, 1991,
staff had presented the proposed Amendments. Upon review and consideration, Council
then directed staff to return with a revised ordinance which would provide for the
charging of Quimby fees for apartment developments and for annual appraisals for park
fees by geographical area. The geographical boundaries have been identified for Council
review and approval.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
approve the first reading of the Ordinance by title only, title as follows, amending the
Cypress Subdivision Ordinance and the Cypress Zoning Code.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ARTICLE VI, "PARK AND RECREATIONAL FACILITIES," OF
CHAPTER 25 OF THE CODE OF THE CITY OF CYPRESS AND ADDING
SECTION 9.2.A.5, "PARK AND RECREATIONAL FACILITIES," TO APPENDIX I,
"ZONING" OF THE CODE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CITATION PROCEDURES AND
UNIFORM BAIL SCHEDULE: The City Manager presented the staff report dated August
29, 1991, which recommended the approval and adoption of the citation procedure which
addressed issues that cannot be resolved by voluntary compliance. The second part of the
issue is the bail schedule, which staff is currently in the process of updating and they are
hopeful that the situation can be improved through the united efforts the Code Officers
group.
It was moved by Councilmember Partin and seconded by Councilmember Age to adopt the
citation procedure and policy for citation issuance and receive and file the bail schedule
information. The motion unanimously carried by the following roll call vote:
6
~ - c "'7
City Council Minutes September 9, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RESTRUCTURING OF REPAYMENT AGREEMENTS BETWEEN
THE CITY AND THE CYPRESS REDEVELOPMENT AGENCY: The Finance Director
summarized the staff report dated August 29, 1991, which described loans made to the
Cypress Redevelopment Agency by the City of Cypress in the amount of $3,369,946
through seven Promissory Notes and advances. The loans were used by the Agency to
purchase property and to administer the Agency. Since the accrued interest on all these
loans will be paid as of August 31, 1991 and a certain amount of the principal will be ~
paid, staff feels it would be appropriate to consolidate all the outstanding loans into one
new Promissory Note for the Civic Center Project area. In addition, two new Notes
would be issued to include operating funds for the administration of the Lincoln Avenue
and Los Alamitos Race Track and Golf Course Project Areas. The Finance Director noted
a correction on the first page of Exhibit "D", Repayment Agreement, Section 1, 5th line,
change "calculated at the prime rate twelve percent (12%) per annum." to "calculated at
the prime rate annually."
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
authorize the City Manager to execute the Repayment Agreement and the three
Promissory Notes in the amount of $3,900,000 with the Cypress Redevelopment Agency
with the repayment by the Agency to be made from future tax increments or other
sources from the project areas, and approve the Civic Center Project Area Promissory
Note and funds from the Agency as payment in full of the previous loans outstanding as
shown in Exhibit "A," with the correction in the interest rate. 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 MEMBERSHIP IN THE NATIONAL LEAGUE OF CITIES: The
City Manager introduced the staff report dated September 4, 1991, which indicated that a
request had been received from the Executive Director of the National League of Cities
for Council to consider membership in the organization. The annual dues for the City of
Cypress, based on population, are $2,382.
It was moved by Councilmember Kerry and seconded by Councilmember Age 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 46772 - 46992: It was moved by Councilmember Kerry and seconded by
Councilmember Partin to approve the Warrants No. 46772 through 46992 in the amount of
$1,043,586.57. 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 Item No. 10, Consideration of Minor Amendment to Warland/Cypress Specific
Plan Landscape Concept Plan, Councilmember Kerry asked what was the original
landscape plan and what is on Valley View Street at the north and south of the project.
The Planning Director responded that the tentative tract map for that street identified
and modified the public right-of-way line so all of the landscaping will be on private
property. The request is for large boxed trees that are on the property now to be used as
accent trees.
It was moved. by Councilmember Kerry and seconded by Councilmember Age 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
Recreation & Park District Matters:
CONSIDERATION OF POLICY FOR MOBILE STAGE USE: The City Manager requested
the Director of Recreation & Parks to present the staff report dated August 29, 1991,
which indicated the Recreation and Community Services Commission discussed the
practicality of a use policy for the new mobile stage. The Commission suggested that
there be a trial period of approximately six months to resolve maintenance, transportation
and liability problems prior to instituting a formal policy for usage. Several cities have
requested use of our mobile stage but were informed that we are currently in the process
of developing a use policy.
7
E_.. F_.~ ~
City Council Minutes September 9, 1991
After some discussion, Councilmember Kerry stated she would like to see this issue
resolved so the City of La Palma is allowed to lease the mobile stage in November.
Councilmember Nicholson concurred.
Responding to Mayor Bowman, the Director of Recreation and Parks advised that an
accurate cost for the lease of the mobile stage would probably be available in a few
weeks.
Councilmember Kerry suggested that then the Commission could review and establish the
use policy.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
direct staff to work with the City of La Palma in order to allow them to use the mobile
stage in November at a profit to 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 AMENDMENT TO SMOKING REGULATIONS ORDINANCE:
The Director of Recreation and Parks summarized the staff report dated August 29, 1991,
which indicated that the Recreation and Community Services Commission voted to
recommend that the City Council amend the current ordinance pertaining to regulating
smoking in public areas. The Commission is recommending that the current City
ordinance prohibiting smoking in public buildings during public functions be amended to
include private functions. It was suggested that the ordinance be amended to prohibit
smoking at all times in City-owned buildings which would include the entire Community
Center. Smoking has been allowed for private functions such as wedding receptions held
in the Community Center.
Councilmember Partin advised that he foresaw a number of problems with this proposal
in City-owned buildings. It would eliminate bingo at the Boys & Girls Club and the VFW.
The Senior Citizen Center could be ordered a no smoking facility without an ordinance
covering every City-owned building.
Councilmember Nicholson stated that she was disturbed when she sees people put out
their cigarette on the Community Center's hardwood floors and asked if smoking could be
prohibited in some buildings and not others.
After some discussion, Councilmember Nicholson suggested that the ordinance be
amended to list the buildings that were exempted from the smoking ordinance and any
new building would be included. Mayor Bowman concurred. Councilmember Partin
suggested that this item be reviewed to determine how many buildings are affected, their
location and uses. Councilmember Kerry suggested that the buildings that are to be
smoke-free be identified and signs posted on those buildings.
Mr. Leo Friedland, the Recreation and Community Services Commission Chairman,
advised that the Commission was mainly concerned with the Community Center but
believed it was a good idea to identify the buildings.
Mayor Bowman asked staff to identify the City-owned buildings and bring the issue
directly to the Council at the October 28, 1991 meeting and hearing no objection he so
ordered.
RECESS: Mayor Bowman recessed the meeting at 10:55 p.m. to enable the Council to act
as the Cypress Redevelopment Agency. The meeting reconvened at 10:56 p.m. with all
Councilmembers present.
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 1 1:00 p.m. to 5:00 p.m.,
Monday, September 16, 1991, in the Administrative Conference Room for a
Redevelopment Workshop.
~iZ~~~i~
ATTEST:
} j~
8