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Minutes 91-10-28 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 28, 1991 The Regular Meeting of the Cypress City Council was called to order at 4:34 p.m., October 28, 1991, in the Administrative Conference Room, 5275 Orange Avenue, Cypress, by Mayor Walter Bowman. PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman ABSENT: None Also present was City Manager/City Clerk Darrell Essex. The City Council held a Joint Meeting with the Youth Commission and the Task Force. Staff members June Liu and Ray Frankeny introduced the members of the Commission and Task Force to the Council. Mayor Bowman presented Certificates of Appointment to Dabney Chun, Ann Tai, Eric Hertz, Hai Ah Nam and Mark Hertz. Millie Nguyen, Chairperson of the Youth Commission, opened discussion on the possibility of having a "Youth in Government Day" with students from Cypress High School participating. The City Manager explained that the City of Cypress has previously had "Youth in Government Days", and students were assigned to observe in each City department. Ms. Nguyen introduced each project coordinator and they described their projects, which included the Senior Gold Pass, Drug Awareness program, a walk-a-thon to collect money for the March of Dimes or other worthy causes, Big Brother/Sister project, a homeless project and the Halloween Carnival. The Commissioners reported on the senior luncheon they had sponsored and explained the approach that will be taken with the Juried Art Show this year. RECESS: The meeting was recessed at 5:15 p.m. in order to allow the City Council to reconvene in the Council Chamber. The meeting reconvened at 5:30 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Bacock, Barrett, Donovan, Eynon, Storey, Thomas and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) CONCRETE MONUMENT SIGN, REQUEST FOR QUOTATION N0. 9192-01: The City Manager presented the staff report dated September 30, 1991, which indicated this item was continued from the meeting of September 23, 1991 because of irregularities in the bidding documents. It was moved by Councilmember Partin and seconded by Councilmember Age that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation. and Park District, reject all bids and direct staff to prepare plans, specification and estimate and advertise for bids for this project. 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 CONTINUING PART-TIME CONTRACT BUILDING INSPECTION SERVICES: The City Manager presented the staff report dated September 24, 1991, which stated that the Building Division has utilized the services of a part-time building inspector at the rate of $35 per hour. These inspection services were budgeted for the current fiscal year to be used on an as-needed basis; however, current full-time staff has been able to accommodate the work load without using the contract services to their maximum level. It was moved by Councilmember Nicholson and seconded by Councilmember Partin to authorize the continuation of part-time contract building inspection services with Melad and Associates, 8907 Warner Avenue, #161, Huntington Beach, CA 92647, on an as-needed basis, at the hourly rate of $35.00 not to exceed $13,740 through June 30, 1992. The motion unanimously carried by the following roll call vote: io-~~~: City Council Minutes October 28, 1991 3 r AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None OONSIDERATION 4F AWARD OF CONTRACT FOR TEL TRAC: The City Manager summarized the staff report dated September 30, 1991, which is a request for an award of contract for the purchase of TELETRAC, a stolen vehicle locator system. The complete cost for purchase of five vehicle locators, the computer with software, the antennas, tax, start-up installation and the first year of software updates will be $7,203.56. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to award a contract for the purchase of TELETRAC equipment and one year of TELETRAC service to International Teletrac Systems, Los Angeles Operations, 9800 La Cienega Blvd., Suite 800, Inglewood, CA 90301-4420 for $7,203.56. 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 CONTRA T FOR THE RErnNSTRi~rTrnN OF THE CEDAR PARKIN LOT, PUBLIC WORKS PROJECT N0. 9118: The City Manager reviewed the staff report dated October 14, 1991, which indicated that 14 bids were received for the reconstruction of the Cedar Glen parking lot. The low bid was submitted by Excel Paving in the amount of $21,905.05. It was moved by Councilmember Nicholson and seconded by Councilmember Age to: 1) determine the lowest responsible bidder for Public Works Project No. 9118 to be Excel Paving; and 2) award a contract for the reconstruction of the Cedar Glen parking lot to Excel Paving, 2230 Lemon Avenue, Long Beach, CA 90806, in the amount of $21,905.05. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CONTRACT REN WA FnR COMPUT R SOFTWAR DEV nPMFNT AND MAINTENANCE: The City Manager summarized the staff report dated October 14, 1991, which indicated the Police Department had entered into a contract with Dynamic Data Systems, to provide support and software development for the Police Department's Records Management System and a Computer-Aided Dispatch function. The Police Department recommended that this contract be renewed for the fiscal year 1991/1992 and the service cost had not increased over that of the prior contract. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson that the City Council authorize the renewal of the existing contract with Dynamic Data Systems from July 1, 1991 through June 30, 1992 in the amount of $14,484.96. 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 CONSIDERaTrnN OF AWARD OF CONTRACT FOR THE ASBESTOS ABATEMENT OF THE CYPRFS~ CITY COUNCII CHAMBER AND THE ARTS AND CRAFT ROOM IN THE COMMUNrTV CENTER, PUBLIC WORKS PROJECT N0. 91 3: The City Manager presented the staff report dated October 17, 1991, which indicated seven bids were received for the asbestos abatement of the Cypress City Council Chambers and the Arts and Crafts Room in the Community Center. The apparent low bidder was Insultec, Inc. of Santee. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry that the City Council: 1) determine the lowest responsible bidder for Public Works Project No. 9113 to be Insultec, Inc.; and 2) award a contract for the asbestos abatement of the Cypress City Council Chamber and the Arts and Crafts Room in the Community Center to Insultec, Inc., 9328 Wheatlands Road, Suite A, Santee, CA 92071 in the amount of $34,134.21. The motion unanimously carried by the following roll call vote: 2 \ City Council Minutes October 28, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE PURCHASE OF SIX TRUCKS AND ONE VAN, REQUEST FOR QUOTATION N0. 9192-04: The City Manager summarized the staff report dated October 17, 1991, which described the bids received for the purchase of one compact mini van, four half-ton pick-up trucks, one compact pick-up truck and one flat bed truck. Mr. Essex explained that there were some account number changes in the first two recommendations. In the first recommendation, the funds will be appropriated to Account No. 4370-90-659-39 and in the second recommendation, two pick-up trucks will be purchased with funds from Account No. 4367-90-659-39 and two from 4386-90-659-39. It was moved by Councilmember Age and seconded by Councilmember Nicholson that the City Council authorize staff to purchase: 1) one compact mini van and transfer funds from program 4104-28-179-05 and appropriate $16,220.00 to Account No. 4370-90-659-39, and as per specifications from Downey Auto Center, 9500 Lakewood Blvd., Downey, CA 90240 in the amount of $16,220.00; 2) two pick-up trucks with funds from program 4367-90-659-39 and two pick up trucks from program 4386-90-659-39 and as per specifications, including credit for trade-in vehicles, from Thorson Olds Buick GMC, 15 Auto Center Drive, Pomona, CA 91766, in the amount of $61,538.10; 3) one compact pick-up truck, with funds from program 4362-90-659-39, and as per specifications, from City Chevrolet Geo, P.O. Box 85345, San Diego, CA 92186-5345 in the amount of $11,663.87; and 4) one flat bed truck, with funds from program 4369-90-659-39, and as per specifications, from Clippinger Chevrolet Inc., 137 W. San Bernardino Road, Covina, CA 91723, in the amount of $19,534.59. 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 EMPLOYEE SERVICE AWARD PROGRAM AND AWARD OF CONTRACT: The City Manager reviewed the staff report dated October 22, 1991, which requested that the bid process be waived and further requested approval to continue with O.C. Tanner as the City's vendor for service awards. It was moved by Councilmember Partin and seconded by Councilmember Age that the City Council waive the bid process and award the 1991 employee service award contract to O.C. Tanner Company in an amount not to exceed $4,900.00 and authorize the purchase and payment of the service awards. 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. 18, Consideration of Extension of Conditional Use Permit No. 90-25, Cypress Senior Community, 5120 Lincoln Avenue, 119 Residential Units be removed from the Consent Calendar for further discussion. Councilmember Partin asked that an item concerning the Council representative to the Friends of the Cypress Cultural Arts be placed on the agenda. The City Manager stated that there was also another item that evolved after the agenda was prepared which was a request from GMA to have a Councilmember act as the Proposition M representative. The Public Works Director advised that the Growth Management Authority (GMA) want to meet with elected officials at least twice to explain Measure M funds that the City would receive. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to add these two items to the Consent Calendar. The City Attorney advised that these items arose subsequent to the preparation of the Agenda and a 4/5ths vote was required. The motion unanimously carried by the following roll call vote: 3 City Council Minutes October 28, 1991 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 approve the Consent Calendar Items No. 9 through 28 with the exception of Item No. 18. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. Consideration of Approval of City Council Minutes of September 23, 1991. Recommendation: That the City Council approve the Minutes of September 23, 1991, as submitted. Item No. 10: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 11: Consideration of Claim Filed by Richard W. Bonner, Attorney at Law, On Behalf of Joseph Haga. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 12: Consideration of Contract Change Order No. 1 to the Asbestos Removal at the Senior Citizens Center Contract, City of Cypress Project No. 9112. Recommendation: Receive and file. Item No. 13: Consideration of Claim Filed by Michael R. Wuister of the Law Offices of Howard H. Hall, Inc., On Behalf of Guillermo Perez. Recommendat ion: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 14: Consideration of Contract Change Order No. 1 to the Concrete Repair on Various Streets Contract, City of Cypress Project No. 9125. Recommendation: Receive and file. Item No. 15: Consideration of Recommendations From the Traffic Commission Meeting of September 17, 1991. Recommendation: That the City Council approve the recommendation of the Traffic Commission and adopt the Resolution by title only, title as follows, approving the installation of yield signs for eastbound Rosario Avenue at Montserrat Street and westbound Rosario Avenue at Providencia Street. RESOLUTION N0. 3994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE INSTALLATION OF YIELD SIGNS FOR EASTBOUND ROSARIO AVENUE AT MONTSERRAT STREET AND WESTBOUND ROSARIO AVENUE AT PROVIDENCIA STREET. Item No. 16: Consideration of Proclaiming November 24 - December 1, 1991, as "Bible Week". Recommendation: That the Mayor and City Council officially proclaim November 24 - December 1, 1991, as "Bible Week" in the City of Cypress as requested. Item No. 17: Consideration of Proclaiming the Remaining Holiday Months of 1991 and All of 1992, as "Buckle-up for Life Challenge". Recommendation: That the Mayor and City Council officially proclaim the remaining Holiday Months of 1991 and all of 1992, as ""Buckle-up for Life Challenge" in the City of Cypress as requested. 4 /o-~~.~~ City Council Minutes October 28, 1991 Item No. 19: Consideration of City of Cypress Lighting District No. 2 - 1992. Recommendation: That the City Council adopt the Resolutions, by title only, titles as follows: 1) Ordering the City Engineer to prepare a Preliminary Report for Cypress Lighting District No. 2, to be presented at the November 12, 1991 City Council meeting; and 2) Postponing the termination date of the Cypress Lighting District No. 2 extending it from January 1, 1992 to January 1, 1997. RESOLUTION N0. 3995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PARK I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY, FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 1, 1992, AND ENDING JANUARY 1, 1993. RESOLUTION N0. 3996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS POSTPONING THE TERMINATION DATE OF CYPRESS LIGHTING DISTRICT N0. 2. Item No. 20: Consideration of Acceptance of Agreements With the City of Buena Park for the Construction and Maintenance of a Traffic Signal at the Intersection of Holder Street and Lakeshore Drive/Via Arroyo Drive, Public Works Project No. 8924. Recommendation: That the City Council: 1) Accept the Signal Construction and Signal Maintenance Agreements between the Cities of Cypress and Buena Park for the construction and maintenance of a traffic signal at the intersection of Holder Street and Lakeshore Drive/Via Arroyo Drive; and 2) Authorize the Mayor to execute the Agreements and the City Clerk to attest. Item No. 21: Consideration of Status Report on No Smoking Regulations in City/District Buildings. Recommendation: Receive and file. Item No. 22: Consideration of Amendment to City of Cypress Resolution No. 38, Reference Workman's Compensation Benefits for Registered Volunteer "Disaster Service Workers". Recommendation: That the City Council modify Resolution No. 38 to incorporate the required changes by adopting the Resolution by title only, title as follows: RESOLUTION N0. 3997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RELATIVE TO WORKMAN'S COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS". Item No. 23: Consideration of Alcoholic Beverage License Transfer Application Filed by Emad G. & Walid G. Hanna, D.B.A. M & M Market & Liquor, 5721 Lincoln Avenue, #A, Cypress. Recommendation: Receive and file. Item No. 24: Consideration of Alcoholic Beverage License Transfer Application Filed by DeBartolo Liquors, Inc., D.B.A. Cypress Discount Liquors, 4982 Lincoln Avenue, Cypress. Recommendation: That the City Council receive and file this transfer application, contingent upon the approval/disapproval of the conditional use permit to be considered at a future Council meeting. Item No. 25: Consideration of Vacancy Report. 5 ~ J City Council Minutes October 28, 1991 Recommendation: Receive and file. Recreation & Park District Matters: Item No. 26: Consideration of New Co-Ed Sand Volleyball Workshops for Teens and Adults. Recommendation: That the City Council, acting as the ex officio Board of Directors for the Cypress Recreation and Park District, approve the proposed workshops for the Winter Session, for a fee of $10.00 per participant, to begin with the 1992 program as recommended by the Cypress Recreation and Community Services Commission. Item No. 27: Consideration of Proposed Fee Increase for "Walk-In" Jazzercise Participation. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the "Walk-In" Jazzercise fee increase as recommended by the Recreation and Community Services Commission. Item No. 28: Consideration of Acceptance of Construction of Multi-Use Building at Texaco/Chestnut Park, Public Works Project No. 9024. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Accept the work of the Construction of the Multi-Use Building at Texaco/Chestnut Park, Public Works Project No. 9024, as being satisfactorily completed; 2) Approve final payment to Inland Asphalt and Coatings, 1838 W. 11th Street, Unit C, Upland, California 91786; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of one year's guarantee upon the Director of Public Work's concurrence. END OF CONSENT CALENDAR Regarding the Extension of Conditional Use Permit No. 90-25, Cypress Senior Community, 5120 Lincoln Avenue, Councilmember Kerry asked if this property has been sold. Mayor Bowman responded that the property has been sold for $1,645,000, 2.05 acres for $18.42 a square foot. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to approve an extension of Conditional Use Permit No. 90-25 for a period of six months, to expire on April 28, 1992. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Item 28A, it was moved by Councilmember Nicholson and seconded by Councilmember Age moved to nominate Mayor Pro Tem Partin as the Council representative to the Friends of the Cypress Cultural Arts. 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 Partin to nominate Councilmember Kerry as the City Council's representative for Measure M. 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. 91-7, 9144 Evergreen Drive. 6 City Council Minutes October 28, 1991 RESOLUTION N0. 3998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE CONSTRUCTION OF A WOODEN SLAT PATIO COVER TO ENCROACH INTO THE REQUIRED FIVE FOOT SIDE YARD SETBACK - VARIANCE N0. 91-7 (9144 EVERGREEN DRIVE). 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 adopt the Resolution by title only, title as follows, granting Variance No. 91-8, 9356 Gregory Street. RESOLUTION N0. 3999 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 REDUCE THE REQUIRED SIDE YARD SETBACK FROM TEN FEET (10') TO SEVEN FEET (7') IN ORDER TO CONSTRUCT AN ADDITION TO THE EXISTING SINGLE- FAMILY RESIDENCE - VARIANCE N0. 91-8 (9356 GREGORY 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 Appendix I, "Zoning" of the City Code. ORDINANCE N0. 875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS BY AMENDING SECTION 9.8, "RESIDENTIAL DENSITY BONUS STANDARDS.AND REGULATIONS," OWNER-OCCUPIED 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 CLOSED SESSION: Mayor Bowman recessed the meeting at .5:55 p.m. to enable the Council to enter Closed Session. The meeting convened at 7:39 p.m. with all Councilmembers present. Also present were the City Manager/City Clerk, City Attorney and staff members Bacock, Barrett, Donovan, Eynon, Storey, Thomas and. Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Partin. PRESENTATIONS: Mayor Bowman presented a Community Service Plaque to Mr. Ned Fox, former Executive Director of the Cypress Chamber of Commerce. Mr. Fox thanked the Council for their support during his years as Executive Director of the Chamber. A Certificate of Appointment was presented to Senior Citizens Commission Alternate Gordon Wibbert by Mayor Bowman. Mr. Pat Ochoa, along with Ms. Sinclair, of the Buena Park/Cypress/La Palma Board of Realtors presented a check in the amount of $400.00 to Police Chief Wicker for the D.A.R.E. program. 7 s City Council Minutes October 28, 1991 Battalion Chief Don Forsyth of the Orange County Fire Department read and presented to Mr. Jose Bustamante a Certificate of Commendation on behalf of County Fire Chief Larry Holmes for his quick action in preventing afire. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mayor Bowman announced that he had asked the City Attorney to address the steps that are necessary for the vote to come before the people regarding a " card club in the City of Cypress. The City Attorney presented an explanation of the procedure to provide certain card game-type operations. Under the penal code there is a prohibition on many specific types of card games and those games are a misdemeanor and the City also has an ordinance prohibiting those types of card games. A local election would be held with the issue on the ballot and a majority vote in favor was needed for approval. At this time, Mayor Bowman requested a summation of the earlier portion of the meeting. The City Manager reported that the City Council met in joint session with the Youth Commission who have been looking at a broad aspect of needs in the community. He then summarized the actions taken by the Council during the 5:30 p.m. portion of the meeting. The City Attorney reviewed those discussions conducted during closed session on litigation of CalScience Engineering vs. City of Cypress; an interpretation of the Traffic Mitigation Agreement; the landmark tree citations recently given by the Code Enforcement Officer; gaming club activities and labor negotiations. Mr. Lloyd Arnold, Los Alamitos Racing Association, addressed the Council and the citizens of Cypress to provide them with a better understanding of a card club. Mr. Arnold stated he would maintain control over the club as long as he lives. They can be ready for the November 1992 election and if a special election is held, it will not cost the city of Cypress one dime. The revenues generated are estimated to be between $2 and 4 million the first year and after growth, between $8 and 12 million a year to the City of Cypress with a percentage of that amount put into a trust fund. One way is asking the City Council to place this issue on the ballot; the other is it be put on as a initiative. Councilmember Age stated she was in opposition to a card club. She commented that she does like the race track but the card club is a separate issue. She urged Mr. Arnold to petition citizens to sign the initiative to bring it to the Council. She also stated that she felt this card club issue would tear the City apart. She asked that an ordinance be considered by the City Council that if any confidential information that takes place during Closed Session is leaked to any side, that Councilmember be fined and that information be given to the public. The City Attorney advised that the Brown Act has a provision for closed session for certain matters and those matters are the subject of sensitive things, are within an attorney-client privilege and when that privilege is violated it is a breach to the City. An ordinance could be adopted that would provide some disciplinary proceeding. Councilmember Age requested that a draft ordinance be prepared for the next meeting and Councilmember Partin suggested that the item be placed on the next Agenda for further discussion. Mr. Bob Solheim, 9572 Sonwell Place, Cypress, stated he was representing Cypress AYSO Region 154 and thanked the Council for their support given over the last year in maintaining use of the Oxford facility. A snack bar trailer has recently been purchased and there will be a grand opening ceremony at 11:00 a.m. on November 9, 1991 and he extended an invitation to the Council and citizens. He asked City's help in upgrading the utilities for the trailer. Mayor Bowman asked that the City Manager and Public Works Director review the request. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, spoke on the decision to support the Orange County Supervisors' decision to increase the $1.OO fee on all license tags for the towing of abandoned cars and trucks, asked that the Council's support be withdrawn and the issue open to public discussion. She also spoke on clarification of the League of Cities conference, asking who attended, did the taxpayers pay for all attendees and who paid for the City 8 3~~ ~c~-d._ r~jG, City Council Minutes October 28, 1991 Attorney's trip. She would also like clarification of Item No. 46. Ms. Wozniak's questions were answered by various Council and staff members. Mr. Bob Kingsbury, Grace Church, 5100 Cerritos Avenue, Cypress mentioned that they had been cited recently for removal of Landmark trees. Mayor Bowman stated that the item was on the Agenda. Mr. Bill Matthews, 4423 Paseo de Plata, Cypress, voiced his opposition to any proposed card club and the problems indigenous to them. ~.v, Councilmember Age complimented the Soroptimists for their participation in putting all the red ribbons around the City for "Red Ribbon Week." Councilmember Kerry thanked the various schools, residents and business organizations that also participated in the red ribbon decorations. Mr. Archie Lane, 4531 Victoria Court, Cypress, spoke against the possibility of a card club in the City. A card room would generate a change in the character of the community; it would not uplift the community and would be a very emotional issue. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. Mayor Bowman announced that Agenda Items No. 39 and 40 would be continued. The City Manager stated that there has been a request to continue Item No. 33. Mr. Ray Thomson of the Cypress Boys and Girls Club requested that Item No. 48 be moved forward. Mayor Bowman advised that public hearings have been published and must be heard first. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 91-13, CYPRESS SENIOR CENTER, 9031 GRINDLAY STREET: Mayor Bowman opened the public hearing. The Planning Director summarized the staff report dated October 21, 1991, which indicated this item was continued from the meeting of September 23, 1991 in order to clarify the condition which dealt with reciprocal parking between the HUD senior housing development and the senior center. Mayor Bowman asked if anyone wished to speak in support of or opposition to the issue. No one wished to do so. Responding to Councilmember Kerry's concern regarding the fire access road, the Planning Director answered that Parcel Map shows the fire access that was worked out with the Fire Department. It was moved by Councilmember Age 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. 91-13, subject to conditions, including Condition 13 as modified by the addition of the following sentence: "If the HUD senior housing project refuses to participate in the reciprocal parking agreement, a certificate of occupancy may still be issued for the senior center; with removal of all reciprocal parking arrangements." 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 rONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS, BARGAIN BARN, 5183 LINCOLN AVENUE. CYPRESS: The public hearing was opened by Mayor Bowman. The City Manager stated that a request has been received to continue this item to the next Council meeting. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue this item to November 12, 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 9 ~V City Council Minutes October 28, 1991 CONSIDERATION OF PUBLIC HEARING RE• SOUR REDUCTION AND RECY ING ELEM NT (SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE.: Mayor Bowman opened the public hearing. Ms. Jamie Herbon summarized the staff report dated October 18, 1991, which indicated that the purpose of the hearing was to provide an opportunity for public comment regarding the preliminary SRRE and HHWE developed in response to the California Integrated Waste Management Act of 1989. Upon receipt of regulatory comments and technical suggestions, the City will consider amending the draft documents accordingly. A second public hearing is tentatively scheduled for December. Hopefully, the disposal of green wastes will be addressed and resolved prior to 1995. Councilmember Kerry encouraged consideration be given to the possibility of the City providing special trash pickups three or four times a year and pickups once a year for large items. After some discussion, Mayor Bowman suggested that the two dump sites for hazardous wastes in Orange County be published for citizens information. Mayor Bowman asked if anyone wished to speak in support of the documents. Ms. Terese McCormack, Esther Street, Cypress, asked where the recyclables go and if possibly the City could obtain revenue from those recyclables. No one else wished to speak in support of or in opposition to the documents. It was moved by Councilmember Nicholson and seconded by Age to close the public hearing and accept the preliminary SRRE and HHWE documents as submitted. 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• INCR asrNr TRANSIENT OCCUPAN Y TAX RATE FROM EIGHT TO TEN PERCENT IN THE CITY OF CYPRESS: The public hearing was opened by Mayor Bowman. The Finance Director presented the staff report dated September 24, 1991, which represented a request to increase the Transient Occupancy Tax Rate from eight to ten percent within the City. Also, another section will be added to the Ordinance which addresses the "Cost of Audits" to the City Code. Responding to Councilmember Age, the Finance Director answered that the cities in Orange County range anywhere from 7% to 11% in actual Transient Occupancy Tax rates and currently one-half of the cities are at 10% so Cypress is moving into the top half of the rates. No one wished to speak in support of or in opposition to the proposed increase in Transient Occupancy Rate. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing and to approve the first reading of the Ordinance by title only, title as follows, amending Section 26-23 and adding Section 26- 28.1 to the Code of the City of Cypress. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 26.23, "IMPOSITION--GENERALLY" OF THE CODE OF THE CITY OF CYPRESS RELATIVE TO THE TRANSIENT OCCUPANCY TAX RATE; AND ADDING SECTION 26- 28.1, "COST OF AUDITS" TO THE CODE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUB Tr HEARING RE• AMENDMENT TO CONDITIONAL USE PERMIT NO 89-27; ADDITION OF A 3,400 SQUARE FOOT BASEMENT, KOREAN COMMUNITY CHURCH, 5900 BALL ROAD, CYPR The Mayor declared the public hearing open. The Planning Director presented the staff report dated September 30, 1991, which represented a request to amend Conditional Use Permit No. 89-27 by adding a 3,400 square foot basement to the approved construction of the Korean Community Church, 5900 Ball Road. In accordance with the requirements of the 10 City Council Minutes October 28, 1991 California Environmental Quality Act, a Negative Declaration will be filed for this project. She visited the site and found that there were some items being stored on the property and as a result, two new conditions have been added. (f) Existing temporary outdoor items such as storage container, blue shade awnings and trailer must be removed as a condition of approval amending Conditional Use Permit No. 89-27; and (g) Consideration of the addition of any structure or use temporary or permanent must be reviewed and approved as an amendment to Conditional Use Permit 89-27. Councilmember Kerry expressed concern regarding the level of the building in relation to the ground level and the ground level being different between two properties. The Planning Director advised that the Council could condition that there cannot be a difference in the ground levels between two adjacent properties. Hearing no objection, Mayor Bowman directed staff to add a condition to that effect. The applicant, Pastor John Kim, Korean Community Church, 5900 Ball Road, Cypress, stated he has read the conditions, but he had not seen the two added conditions and the condition on the grade elevation. The Planning Director introduced the third condition: "Grade separation of adjacent properties cannot be of such extent to create a block wall on an adjacent property greater than eight feet and in no event shall the grade differential be greater than two feet." Councilmember Kerry stated she still had a concern about the two feet. After further discussion, Councilmember Age mentioned that this is a major issue that hasn't been discussed with the applicant and perhaps the item should be continued. Mr. Paul Kim, 4630 Campus Dr., Newport Beach, architect for the project, explained that the floor elevation of the ground floor is about six inches above the adjacent grade. The basement will be dug below the floor level and the existing building will not be raised. The Planning Director advised that they cannot have the present outdoor storage and any request for a temporary structure would be an amendment to the conditional use permit. The temporary structure can only be used for a construction office. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the meeting of November 12, 1991. The City Attorney asked the applicant if he would agree to continue the item and he did so. 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 N0. 91-16. HOUSING AND FLYING OF 120 HOMING PIGEONS, 6876 MOLOKAI DRIVE. CYPRESS: Mayor Bowman opened the public hearing. Planning Director Chris Eynon summarized the staff report dated October 10, 1991, which represented an application for a conditional use permit to allow for the housing and flying of 120 homing (racing) pigeons located at 6876 Molokai Drive. In accordance with the California Environmental Quality Act, a statement of Negative Declaration will be filed for this project. This use was brought to staff's attention after a complaint was received regarding a large number of pigeons being raised at the subject address. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject residence. To date, staff has received one objection to the proposed use. The 30 foot distancing requirement would require a modification of the pigeon coop. Mr. David Nagle, 6876 Molokai Drive, Cypress, commented on the staff report to clarify any misunderstanding by stating that the maximum of birds that he has flying at one time is 40. Some of the birds are never released. He has been involved in the sport for 30 years and has never had a problem with a neighbor. He raises the birds to replace those that are lost during the racing season. He presented the Council with copies of ordinances from two neighboring cities involving the keeping of birds. He then answered questions from Councilmembers. Councilmember Age asked if Mr. Nagle had canvassed his neighbors to determine if his birds were causing them problems. He said he had and the majority had no problem with his pigeons. 11 /(i - ~ ~ > City Council Minutes October 28, 1991 Mayor Bowman asked if anyone wished to speak in support of the application. Mr. Roger Gray, 6875 Molokai Drive, Cypress, stated that the pigeons haven't been a problem to him, he watches the birds fly and the only noise occurs when they first take off. Mr. Dennis Bunker, 16359 Shasta Street, Fountain Valley, stated he was a pigeon flyer and explained further about racing pigeons and their training. Mr. Ken Chase, 6856 Molokai Drive, Cypress, stated that the pigeons are no trouble at all to him. The dogs and cats in the neighborhood create more problem than the pigeons. Mr. Richard McNamora, 6825 Molokai Drive, Cypress, advised that not one of the applicant's birds has been in his backyard. Mr. Jack Renzel, Westminster, a past president of the State organization, stated that this is a fine hobby that quite a few people enjoy and he would like to see the conditional use permit granted. Ms. Gloria Minjkives, 6784, Tiki Drive, Cypress, advised that she has had no problem with Mr. Nagle's pigeons. Mayor Bowman asked if anyone wished to speak in opposition to the application. Mr. George Hatfield, 6886 Molokai Drive, Cypress, a next door neighbor of the applicant, expressed his opposition to the pigeons. He believed the situation has gotten out of hand and the story was becoming one-sided. The issue is bird droppings on his car and the wind carrying the bird droppings onto his property. The issue is also property value and area realtors advised him that they would have difficulty selling his home under the circumstances. He also complained of the noise that was made getting the birds out of the coop and to bring them back. Mayor Bowman asked Mr. Hatfield if there was any number of pigeons he would agree to having next door. Mr. Hatfield responded that he didn't want any pigeons that flew. Mr. Bob Wallace, property owner at 6877 Leilani Lane, Cypress, which backs up to the applicant's property, stated he agreed with Mr. Hatfield in that it was an issue concerning property values. He expressed concern about the difficulty in renting or selling his property because of the pigeons. No one else wished to speak in support of or opposition to the application. Mr. Nagle, the applicant, responded to some of the statements from the neighbors and the Council and presented pictures of Mr. Hatfield's property. Councilmember Nicholson stated that the applicant has convinced her that the pigeons aren't the problem and if the property value has diminished it is because of the way Mr. Hatfield has kept his property. She also stated she would be in favor of approving the permit subject to a six month trial period and conditions. Mayor Bowman mentioned limiting the number of birds to 30, the condition that the coop must be a minimum distance of 30 feet from adjacent dwellings and birds to remain the coop at all times. Councilmember Kerry stated she was not convinced that the birds should be caged at all times and asked the applicant to explain his situation. The City Attorney advised that a maximum of 30 birds caged is in the City's present ordinance and Council cannot grant a conditional use permit that would be different than that unless the staff is instructed to change the ordinance. Responding to Councilmember Age, Mr. Nagle answered that once a day exercise would be sufficient exercise. He commented that he had no problem with 30 feet from adjacent structures except he couldn't comply because of the lot size. 12 tA~,% City Council Minutes October 28, 1991 The City Attorney advised this is not a subject that would allow a variance, so the only way this use permit could be granted would be if the Council changed the ordinance, which would mean that any person in an RS-6000 zoning would be permitted to have whatever is granted by Council. He also advised the applicant what the procedure is to request the Council change the existing ordinance. Mr. Nagle requested the City Council consider making a change in the existing ordinance. He stated that he wouldn't be exercising the birds but would have more than 30 birds in the coop until the Council decides. After further discussion, the City Attorney remarked that the Council could allow the applicant a period of time in order to phase down to 30 birds. The codes doesn't allow anything more and if the Council wants to change the code the process could be initiated tonight and would be allowed in every RS-6000 zone, which becomes a different problem. Councilmember Kerry asked about allowing the applicant 60 days to comply and, in the meantime, bring forward on the next Agenda discussion on an ordinance change. It was moved by Councilmember Nicholson and seconded by Councilmember Age to close the public hearing, certify the Negative Declaration and approve Conditional Use Permit No. 91-16, with conditions as specified in Exhibit "A," subject to a six month trial period allowing a 60 day period to comply, during which time the Council will be reviewing the current ordinance. Councilmember Kerry asked that consideration of the ordinance change be placed on the next Agenda. The Planning Director mentioned that one of the conditions stated is that the coop must maintain a minimum distance of 30 feet from adjacent dwellings and the applicant cannot meet that condition. Councilmember Nicholson agreed to delete that Condition No. 4 from the Conditions of Approval in her motion and Councilmember Age concurred. AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 10:45 p.m. and reconvened at 10:55 p.m. with all Councilmembers present. CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 91-17, U-HAUL RENTAL FACILITY, 8931 WATSON STREET, CYPRESS: Mayor Bowman opened the public hearing. The Planning Director presented the staff report dated October 21, 1991, which represented a request to establish and operate a U-Haul rental facility at 8931 Watson Street. In addition to the U-Haul Rental facility the applicant is proposing and the City is recommending a waste water facility station to accommodate recreational vehicle users. The building elevations indicate a very plain and boxy structure. Staff recommended that some kind of exterior texture treatment or design features be implemented to add architectural interest to the building. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. To date, staff has not received any communication regarding this project. Mr. Nasr Semaan, 9051 Moody Street, Cypress, volunteered to answer any questions from Council. Mayor Bowman asked if anyone wished to speak in favor of or in opposition to the application. No one wished to do so. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act; and approve Conditional Use Permit No. 90-17, subject to the conditions in Exhibit "A". The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 91-18, CONSTRUCTION OF A RESTAURANT, 6471 BALL ROAD, CYPRESS: Mayor Bowman declared 13 City Council Minutes October 28, 1991 the public hearing open. The staff report dated October 17, 1991 requested that this item be continued. It was moved by Councilmember Age and seconded by Councilmember Partin to continue this item to the meeting of November 12, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE• CONDITTnNQi USE PERMIT NO 91 20 COMPUTER SCHOOL, 4764 LINCOLN AV Nl1F, CYPRESS: The public hearing was opened by Mayor Bowman. The Planning Director reviewed the staff report dated October 17, 1991, which represented a request to operate a computer school primarily geared toward children. The subject site is a 1,000 square foot lease space located within an existing commercial center at 4764 Lincoln Avenue. She mentioned there was a typographical error in the report and any reference to "60 square feet" should be changed to "600 square feet." Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. To date, staff has not received any communication regarding this project. Councilmember Kerry asked that the specific hours of operation be made a condition of approval. Mr. Paresh Kapadia, 6862 Fogo Way, Cypress, commented on the hours of the computer school and requested that classes be scheduled to accommodate adults on week nights to approximately 10:00 p.m. and/or weekends. No one wished to speak in support of or in opposition to the application. No one did so. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 91-20 subject to the condition that the floor area of 600 square feet of classroom area shall not increase within this lease space and that the hours be similar to other hours of operation in the Center. 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• AM NDM NT TO CONDITTnNai USE PERMIT NO 1~7, CONVERSION OF A RECR ATIONA VEHICL. STORAG.F_ AREA TO FOUR NEW MOBILE HOME SPACES, LINCOLN CENTER MOB iF HOM PARK, 9080 BLOOMFIE n STREET, CYPRESS: Mayor Bowman opened the public hearing. The staff report dated October 17, 1991 requested that this item be continued. It was moved by Councilmember Partin and seconded by Councilmember Kerry to continue this item to the City Council meeting of November 12, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE• TENTATIVE PARCF MAP NO 91 142, CYPRESS SCHOOL SITE, 9031 GRINDLAY STRE T, CYPRESS: The public hearing was declared open by Mayor Bowman. The Planning Director presented the staff report dated October 9, 1991, which represented a request to divide an existing five acre parcel into two parcels containing 2.6 and 2.4 acres each on property located at 9031 Grindlay Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration of Environmental Impact has been filed for this project. Notices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. To date, staff has not received any communication regarding this application. The Planning Director noted that, in the Recommendation, under "B," change the "following conditions" to the "attached conditions" and reference Exhibit "A". 14 / n n 3 V City Council Minutes October 28, 1991 Mayor Bowman asked if anyone wished to speak in favor of or in opposition to the application. No one wished to speak. It was moved by Councilmember Kerry and seconded by Councilmember Age to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve parcel Map No. 91-142, subject to the conditions in Exhibit "A." The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF FEDERAL HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - 18TH YEAR: The Mayor opened the public hearing. The staff report dated October 8, 1991 was presented by the Planning Director. For the past 17 years, the City of Cypress has participated in the Federal Housing and Community Development Block Grant (CDBG) Program to obtain funds for community improvements. The City is now in the process of filing with the County for 18 year grant funds. This year's application is similar to those in the previous years in that funds for public facilities and improvements, and housing rehabilitation are being sought. As requested in the CDBG guidelines, a public meeting was held on October 16, 1991. No one wished to speak in support of or in opposition to the grant application. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing and adopt the Resolution by title only, title as follows, approving the City's participation in the 18th Year Housing and Community Development Block Grant Program with the County of Orange and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. RESOLUTION N0. 4000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S PARTICIPATION IN THE 18TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. 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• INCREASING CERTAIN FEES FOR_CITY SERVICES: Mayor Bowman opened the public hearing. The Finance Director summarized the TEAM report dated October 14, 1991, which described the results of several meetings and workshops. Based on those meetings, it was determined that City staff would return to the City Council with a proposal to increase/establish certain fees based on staff recommendations. It was also determined that those fees charged to residents for services, such as street sweeping, sewer maintenance and storm drain maintenance would not be increased at this time. The Mayor asked if anyone wished to speak in favor of or against the proposed fee increase. v It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing and adopt the Resolution by title only, title as follows, establishing certain fees for City services to be effective `'s immediately upon adoption of the Resolution. Councilmember Kerry clarified that the increase would be for permits from the Public Works and Planning Departments and are comparable with the costs associated with those permits. RESOLUTION N0. 4001 A RESOLUTION OF THE CITY OF CYPRESS ESTABLISHING CERTAIN FEES FOR CITY SERVICES. 15 ?69 City Council Minutes October 28, 1991 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE• INCREASING CERTAIN FEES FOR DI TRICT ~IIICES: The public hearing was declared open by the Mayor. The City Manager advised that this would be an equivalent action for the Recreation and Park District as described in the staff report of October 14, 1991 and the result of several meetings and workshops. Based on those meetings, and recommendations from the Recreation and Community Services Commission, it was determined that City staff would return to the City Council with a proposal to increase/establish certain fees for District services. Mayor Bowman asked if anyone desired to speak in support of or opposition to the proposed increase in District fees. No one did. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry that the City Council, acting as ex officio governing Board of Directors for the Recreation and Park District, close the public hearing and adopt the Resolution by title only, title as follows, establishing certain fees for District services to be effective immediately upon adoption. RESOLUTION N0. 172 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 CERTAIN FEES FOR DISTRICT SERVICES. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECONSIDERATION OF FENCE MATERIAL AND PLACEM NT AROUND THE CYPRESS GOLF COURSE: The City Manager presented the staff report dated October 22, 1991, to which was attached a communication from Mr. Darrell Wilson of Dye Designs requesting reconsideration of the City Council's action at its meeting of September 23, 1991 regarding the fencing material and placement along the perimeter of the Cypress Golf Course. Mr. Darrell Wilson, Dye Designs, Denver, CO, stated he was requesting clarification on some of the items discussed during the meeting of September 23, 1991. He referred to the wrought iron fencing around the entire golf course including Katella, Denni and Cerritos. He understood that there were exceptions to that situation and that Council was in concurrence on staff's recommendation on one of the issues to allow the existing chain link fence on the south side of the railroad tracks on the west edge of the property. Another exception would the Maintenance facility on Denni Street which would have a solid wall around it. Responding to Mayor Bowman, Mr. Wilson answered that it would be a solid wall, concrete manufactured to look like a wooden fence. Mayor Bowman clarified that there would be a corner treatment at the southwest corner of the golf course at Katella. Mr. Wilson concurred and the extension of Denni Street as well as Denni Street and Cerritos will be another corner treatment. Mayor Bowman clarified that from the north edge of the maintenance facility north on Denni Street to Cerritos and then down the full length of Cerritos to the end of the golf course project would be wrought iron. Mr. Wilson explained that, on Katella side, the intent was to have a wrought iron fence with columns or pilasters on approximately 30 or 40 foot centers, made of a split faced stone block material and then wrought iron sections between the stone face. The intent is to do a split faced block wall next to number 2 and 3 tees and where the bus turnout bay protrudes into the property. On Cerritos, Mr. Wilson introduced the possibility of variation in the plant materials to break up the structure of a continuous three foot hedge. 16 /U ' ~ j s~ ~ Fe City Council Minutes October 28, 1991 Councilmember Nicholson advised that it wasn't going to be a five foot hedge and she had no objection to the use of some other planting, but not to exceed the three foot height. Councilmember Partin did not objective to the plans for Katella and the continuous block wall next to the tees and bus turnout a very good idea. Councilmember Age stated she didn't mind looking at a plan that provides a variation of planting materials but still would want the three foot height. Councilmember Kerry concurred with the discussion regarding the landscaping options and Council should be able to look at those options. Council must consider the chain link fence on the Denni side if that use should change. Councilmember Age clarified that Denni Street will not be opened as a through street as long as there is a golf course. Responding to Councilmember Nicholson, Mr. Wilson answered that on the east side of the golf course, next to the church, the plan is for that to be a vinyl green coated chain link fence. Mayor Bowman stated that consideration be given to the fence along Arrowhead Products and requested a condition be written. The Planning Director suggested, "If the Arrowhead Products building is modified resulting in a greater visibility, then the existing chain link fence shall be replaced with a wrought iron fence." After some discussion on the landscaping on Cerritos, the City Manager suggested it would be appropriate that a design plan be submitted to Council because there are two corner treatments, the block and the pilasters. The Planning Director will send a letter to Mr. Wilson indicating that the proposed modifications and the fencing material may be approved subject to final review by the City Council and that, additionally, consideration may be given to modifications and landscaping along Cerritos if it's under three feet in height, that there will be two corner treatments one Katella and Denni and - one at Cerritos and Denni that shall be included as part of the proposed modification and, finally, the block wall in front of tee 2, tee 3 and around the bus turnout. The City Attorney advised that the Planning Director be authorized by Council to send a letter to Dye Designs. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to authorize the Planning Director to send a letter to Dye Designs outlining the items described. 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 Due to the lateness of the hour, it was moved by Councilmember Age and seconded by Kerry to waive the adjournment time and continue the Council meeting past the hour of 11:30 p.m. 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 LANDMARK TREE REMOVAL PERMIT NO 91-1, GRACE CHURCH DEVELOPMENT SITE, 5100 CERRITOS AVENUE: The Planning Director presented the staff report dated October 16, 1991, which represented a request to remove nine Landmark Trees out of a total of 140 Landmark Trees located on the Grace Church property at 5100 Cerritos Avenue within the PS Public/Semi-Public Zone. The applicant is also requesting a waiver of all City permit application fees relative to Landmark Trees. An environmental evaluation was conducted for the entire Grace Church project under Conditional Use Permit No. 91-3. The impact on the existing landmark trees was considered at that time; a negative Declaration was certified and filed for the Grace Church project. The 17 ~3 ~ City Council Minutes October 28, 1991 Negative Declaration requires compliance with the applicable mitigation measures set forth in the Cypress Business and Professional Center Specific Plan Environmental Impact Report. Mitigation Measure No. 49 addresses landmark trees contained on the subject property. A comparison with the tree inventory and the proposed tree removal plan revealed that of the seven uprooted Landmark Trees, only four of them were included in the removal plan for Landmark Tree Removal Permit No 91-1. The three other uprooted Landmark Trees were not proposed for removal as part of this application. Due to the noncompliance with the Mitigation Measures required by the Cypress Business and Professional Center Specific Plan EIR and the associated Mitigation Monitoring Compliance Agreement with regard to Landmark Trees, staff is recommending strict conditions of approval for Landmark Tree Removal Permit No. 91-1. Mr. Robert Kingsbury, Assistant Pastor of Grace Church, 4117 Avenida Sevilla, Cypress, asked Council to consider three of the conditions of approval. He requested the replacement of a landmark tree with a 48 inch box rather than the 64 inch box. He stated that one cash bond has already been posted for the grading permit and asked that the request for a cash bond in the amount of the valuation of three 64-inch box replacement trees be withdrawn. The third request was to consider the issuance of building permits prior to having the entire plan reviewed and approved. He said staff has been very cooperative in helping obtain the grading permit and there was the problem with the removal of trees that was certainly not intentional. He asked that the permit be approved with the three exceptions to the conditions outlined. Responding the Mayor Bowman, Mr. Kingsbury stated that he was going to address the Council earlier asking them to include the citation on the code violation for the removal of the landmark trees in this discussion even though it is not part of the request for permit. In answer to Mr. Kingsbury's concerns, the Planning Director explained what Landmark Trees were and that they are identified on the site plan. The request for the cash bond is specifically for the amount of the cost of the three 64-inch box replacement trees. Staff remarked that the size and location of the tree that was going to be replaced would determine if it should be a 64 inch box tree. The delay shouldn't be a deterrent to submitting the plans for the building permit to Council at the November 12 meeting after review by staff. The issue is the preservation of the Landmark Trees. A videotape of the site was shown and explanation provided by Kori Palmer, Assistant Planner. Mr. Bob Haley, Architect for the Grace Church project, stated that he had nothing to do with the removal of the trees. He asked the Council to consider the wrought iron fence for the golf course turn the corner and terminate at a point where a gate would be provided for an emergency exit. Responding to Councilmember Kerry, the Planning Director answered that staff had spent an extensive amount of time with the applicant discussing the Landmark Tree issue. Staff made it abundantly clear that Landmark trees cannot be removed without Council approval. The City Attorney advised that the Cypress Business and Professional Center Litigation Settlement Agreement stated that a Certificate of Occupancy could not be obtained by the church until the golf course was opened. It was moved by Councilmember Nicholson and seconded by Councilmember Partin that the City Council: 1) deny the request to waive the design review fee associated with the staff review and analysis of Landmark Tree Removal Permit No. 91-1; and 2) approve Landmark Tree Removal Permit No. 91-1, subject to the conditions in Exhibit "A." The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PETITION REGARDING NOISE AND TRAFFIC ASSOCIATED WITH THE EVENING BINGO OPERATIONS AT THE CYPRESS BOYS AND GIRLS CLUB: The City Manager presented the staff report dated October 22, 1991, which indicated that the City Council had received a petition signed by 36 people representing 20 residences expressing concern over the noise and traffic generated from the 18 3' City Council Minutes October 28, 1991 bingo operations at the Boys and Girls Club. Mr. Eldridge, who presented the petition to the City Council, also submitted a video tape. The Police Chief's report outlined the complaint, summarized the current operations of bingo games at the Boys and Girls Club, reported on the results of six onsite surveys of the parking conditions and reviewed the past two years of police activity in the area. Responding to Mayor Bowman, the City Manager advised that the Conditional Use Permit had to be considered at another time because it needed to be posted and published and would not be at issue this evening. Mr. Don Eldridge, 4931 Myra Street, Cypress, commented that they had spoken and there were others present who would like to speak on the item. He spoke about the early trash pickups at the Boys Club and the trash that is left in the street after a bingo game. He stated that the neighbors had no quarrel with the Boys Club but wanted to get rid of the bingo parking. Mr. Tom Phalen, 4871 Myra Street, Cypress, stated there has been a campaign in the neighborhood that if the bingo is moved, there wouldn't be a Boys Club. The problem is not the Boys Club, but the bingo Ms. Eleanor Stein, 4991 Myra Avenue, Cypress, remarked that she has youth activities at her home, the girl scout troop could not possibly meet on Wednesday because there is no place to park because of the bingo. She spoke on the amount of trash and the early trash pickups. Mr. Richard Graham, 4921 Myra Avenue, Cypress, verbally provided examples of the way bingo players park along the street and he has been awakened at 5:00 a.m. when the trash truck picks up the Boys Club dumpster. Mr. Ray Thomson, Director of the Cypress Boys and Girls Club, stated that the parking is a problem that they have been aware of over the years but have never received a formal complaint. He introduced various people from the three groups that are conducting bingo at the Boys Club. He also stated that it is the intent of the Boys Club to be a good neighbor and that none of these complaints were brought to them. He listed the programs and benefits to the community made possible by the bingo revenues. He definitely acknowledged that there are problems but believed those problems had solutions. He outlined the steps that will be taken in the future to mitigate the complaints received tonight, which are: announce at each night of bingo to keep the noise level down; provide a guard to enforce the parking and make sure people are parked legally and if not, rectify the situation; have an individual keep the noise level as low as possible at the close of the game; have the people who work the bingo park at another location reducing the parking problem by about 8 to 14 cars; explore the possibility of creating additional parking on Moody and change the trash pickup to a different time. Councilmember Age requested that the bingo flyers not be placed on car windows but handed out on the premises of the Boys Club. Mr. Gerald Elfman, 4161 Paseo de Oro, Cypress, commented that the flyers that are being put on cars and clarified that the Band Boosters have not done that. Mayor Bowman stated that the parking issue needs to be discussed, there is a City Traffic Commission that has studied other parking issues and that is who should be studying this problem. Councilmember Age asked that after the Traffic Commission has studied the problem, the item be returned to Council. Mr. Manfred Stein, 4991 Myra Avenue, Cypress, suggested that Cypress High School open their facility to bingo since so many of the groups represent the high school. It was moved by Councilmember Nicholson and seconded by Councilmember Age to refer this item to the Traffic Commission, request Mr. Thomson to continue his efforts and return this item to Council after deliberation by the Traffic Commission. Ms. Ruth Clepper, 4249 Larwin Avenue, Cypress, stated supports the Boys Club, plays bingo there and the parking is something that can be worked out. The motion unanimously carried by the following roll call vote: 19 1C; ' ~ c~J 3'7 3 City Council Minutes October 28, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CONTRACT CHANGE ORDER NO 2 FOR SOIL REMEDIATION AT THE CITY MAINTENANCE YARD, PUBLIC WORKS PROJECT NO 8968: The Public Works Director reviewed the staff report dated October 16, 1991, which that at the July 23, 1991 meeting, the City Council approved Contract Change Order No. 1. Following completion of the remediation work, measurements were made and the quantity was determined to be 395 cubic yards more than was estimated and covered by the original contract and Change Order No. 1. Mayor Bowman suggested that a cost study be made to determine if it was more economical to have City gas tanks vs. buying gas on the market. If there is no cost savings, then the tanks should be pulled. If there is a savings, then some type of insurance should be purchased. The City Manager advised that those were some options that are being reviewed. It was moved by Councilmember Partin and seconded by Councilmember Kerry to: 1) authorize the transfer of $23,656.55 from the fund balance of the General Fund to Account No. 4186-11-446-24; and 2) approve Contract Change Order No. 2 to Tetra Tech Inc. for Public Works Project No. 8968 in the amount of $23,656.55. 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 TO FILL VACANCIES IN THE PUBLIC WORKS DEPARTMENT; The City Manager presented the staff report dated October 23, 1991, which represented a request from the Director of Public Works for authorization to fill three vacancies in the Department and to retain contract services for both engineering and mechanic maintenance services. The City Manager has reviewed in detail the justification and agreed that the filling of the engineering positions at this time is required. Mayor Bowman stated he didn't have a problem with seeking replacements for the present positions but he did take exception to paying an Assistant City Engineer $85.00 per hour and would not support that request. Councilmember Nicholson stated that she didn't want to leave staff without sufficient employees. She also felt that the $85.00 was a very high figure. Councilmember Age explained that by placing a hiring freeze it was never the intent of the Council to cripple a department. After some discussion, Councilmember Kerry commented that she believed the rate was fixed at the $85.00 per hour and suggested reducing the number of hours per week the consultant would work. Councilmember Nicholson suggested 20 hours per week. The Mayor suggested that the consultant be employed for 20 hours per week at $85.00 per hour for a maximum of 60 days. It was moved by Councilmember Partin and seconded by Councilmember Kerry to authorize the recruitment for positions of Engineering Assistant, Assistant Engineer and Assistant City Engineer to be exempted from the hiring freeze and further, authorize the City Manager to retain on a temporary basis, consulting engineering services at $85.00 per hour, 20 hours per week for a maximum of 60 days and contract mechanic services for the City garage. 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 STATUS REPORT ON BARKING DOG COMPLAINT: The Assistant City Manager summarized the staff report dated October 22, 1991, which described a complaint received from Ms. Terese McCormack at the City Council meeting of September 9, 1991. The complaint was directed to the problem of barking guard dogs at commercial facilities adjacent to residential areas. The staff has initially researched the referenced Ordinance No. 831 and any other applicable municipal code provisions that might pertain to noisy animals or, specifically, barking dogs. Ms. McCormack indicated that her concern in 20 /U City Council Minutes October 28, 1991 bringing this matter directly to the City Council was to have a public forum for discussion of the process for dealing with barking dogs. Staff intends to continue development of a draft ordinance to deal with barking dogs and to determine what steps will be necessary to have effective enforcement of same by the Orange County Animal Control. Ms. Terese McCormack, 9103 Esther Street, Cypress, restated her complaint that a guard dog has been disturbing her peace at night for the past year. She stated she would be agreeable to an ordinance that would combine both commercial and residential. areas so long as it is effective. X``~` Responding to Councilmember Nicholson, the City Attorney advised that the ordinance would be designed to include barking, howling and perhaps other animals that create a disturbance. Councilmember Kerry requested some examples of ordinance on barking dogs from other cities. It was moved by Councilmember Nicholson and seconded by Councilmember Age to direct staff to develop a draft ordinance for the control of barking dogs. 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 N0. 47167 - 47730: It was moved by Councilmember Partin and seconded by Councilmember Kerry to approve the Warrants No. 47167 through 47730 in the amount of $1,490,126.07. 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 RECE~: Mayor Bowman recessed the meeting at 1:21 a.m. to enable the City Council to act as the Redevelopment Agency. The meeting reconvened at 1:28 a.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak. 4~RITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 1:30 a.m. MAYOR OF THE CITY F CYPRESS ATTEST: i? i ~ - CIT CLE OF HE CITY. F CYPRESS 21