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Minutes 92-01-13 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 13, 1992 The Regular Meeting of the Cypress City Council was called to order at 4:34 p.m., Monday, January 13, 1992, in the Administrative Conference Room, Cypress City Hall, 5275 Orange Avenue, Mayor Richard Partin presiding. PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and Associate Planner Holly Hamlin and representatives from the consulting firm of Cotton/Beland and Associates, Dale Beland and Karen Warner. WORI'<SHOP: Discussion Regarding General Plan Elements. Mr. Dale Beland provided background overview and specific recommendations for the following General Plan Land Use areas: Lincoln Avenue, Annexation Area, DeLong Street, Wicker Drive Site, Cypress Business Park, Redefining Public/Semi-Public and Designation of additional park space vs. expansion of existing recreational programs. Mr. Beland stated that confirmation of the Council's direction is needed to draft the plan. Regarding the Annexation Area, District 8, Ms. Hamlin advised that a farm animal survey had been sent to all the property owners and staff is working on a policy of phasing the animals out. Councilmember Bowman stated the key is that buyers know there is a phase-out of the farm animals in the RM-20 zone and instructions were given to the City Attorney for review. After discussion of DeLong Street, it was the Council's decision to leave the zoning as it is. In regard to redefining Public/Semi-Public General Plan Land Use Designation, it was decided to use a broad category such as "Community Services and Facilities" and then distinguish between the various uses and give the different patterns on the land use map within the larger category. Discussion was held on designation of additional park space vs. expansion of existing recreational programs. Councilmember Bowman asked for a clarification of the report for accuracy regarding the 46 acre deficit of parkland. RECESS: Mayor Partin recessed the meeting at 5:45 p.m. to enable the Council to reconvene in the Council Chamber. The meeting reconvened at 5:55 p.m. with all Councilmembers present and staff members Essex, Patterson, Bacock, Barrett, Donovan, Hamlin, Storey and Wicker also present. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF AWARD FOR POLICE DEPARTMENT LAP TOP COMPUTERS: The City Manager presented the staff report dated December 26, 1991, which described the plan wherein the City made the purchase of lap top computers and participating employees agreed to reimburse the City for the full cost of the computer through payroll deductions. Mr. Essex reported that non-police personnel have also expressed an interest in purchasing lap top computers and he requested Council's action on this item, leaving it open for non-police personnel who have work needs for this computer purchase program. It was also noted that the report indicated five additional employees would like to purchase lap top computers should be six employees and the total dollar amount be increased from $11,910.00 to $14,133.00. Mayor Partin asked if this could be made a City policy thus eliminating Council's action each time additional computers are requested. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to authorize the purchase of six (6) NB3-386 notebook computers to be fully reimbursed by City police personnel, from Online Computers, 6 Morgan, Suite 130, Irvine, CA 92718 in the amount of $14,133.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 City Council Minutes January 13, 1992 CONSIDERATION OF AUTHORI aTTnN t REL ASE "LETT R OF INTENT" FOR FI~rai YEAR ~2/93_POLICE PURSUIT VEHICLE PUR HASF_: The City Manager summarized the staff report dated December 26, 1991, which represented a request of the Purchasing Officer to release a "Letter of Intent" to purchase five Police black and white pursuit vehicles after July 1, 1992. This action will guarantee availability of the units during the non-production part of the year and at the Sheriff's discounted cost structure to the City of Cypress. There is no obligation for the future purchase should the City Council not approve the order in July. It was moved by Councilmember Kerry and seconded by Councilmember Age to authorize the Purchasing Officer to release a Letter of Intent to Maurice J. Sopp and Son Chevrolet, 6400 South Atlantic Blvd., Bell, CA 90201, to purchase five Police pursuit vehicles under the Los Angeles County Sheriff's Department contract after July 1, 1992. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRA .T FOR SEXUAL ACSAl11T EXAMINATION: The City Manager presented the staff report dated January 6, 1992, which indicated that rape or other sexual assault investigations require a medical examination of the victim. In the past, these examinations have been conducted at Martin Luther Hospital in Anaheim. To insure that we can continue to utilize the services of Martin Luther Hospital for a fee of $375.00 per examination, it is appropriate to enter into a contractual agreement with them. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to award a contract for sexual assault examinations to Martin Luther Hospital, 1830 West Romneya Drive, Anaheim, CA 92803, not to exceed $9,375.00 for an 18 month period ending June 30, 1993. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin 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. 20 be removed from the Consent Calendar. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the Consent Calendar Items No. 4 through 23 with the exception of Item No. 20. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 4: Consideration of Approval of City Council Minutes of December 9, 1991, December 19, 1991, and December 23, 1991. Recommendation: That the City Council approve the Minutes of December 9, 1991, December 19, 1991, and December 23, 1991, as submitted. Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: Consideration of Proclaiming February 9-15, 1992, as "Vocational Education Week". Recommendation: That the Mayor and City Council officially proclaim February 9-15, 1992, as "Vocational Education Week" in the City of Cypress. 2 City Council Minutes January 13, 1992 Item No. 7: Consideration of Design Review Committee's Approval of DRC #91- 26, #91-27, and #91-28. Recommendation: Receive and file. Item No. 8: Consideration of Authorization for the City Manager to Attend the League of California Cities' City Managers Department Meeting. Recommendation: That the City Council authorize the attendance of the City Manager at the League of California Cities' City Managers Department Meeting scheduled for February 5-7, 1992, in San Diego, and be reimbursed for all necessary and actual expenses incurred. Item No. 9: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Angela Maria & Jerry Anthony Cesario, D.B.A. Dominic's Pizza & Italian Restaurant & Deli, 5491 Ball Road, Unit D, Cypress. Recommendation: Receive and file. Item No. 10: Consideration of Monthly Investment Program for the Month of November 1991. Recommendation: Receive and file. Item No. 11: Consideration of Employment List - Assistant (Civil) Engineer. Recommendation: That the City Council certify the Employment List for the position of Assistant (Civil) Engineer as submitted. Item No. 12: Consideration of Personnel File Records Purge. Recommendation: That the City Council authorize the destruction of the Police Department's personnel records as outlined in the report, in accordance with Government Code Section 34090 and City Council Resolution No. 2338, dated February 9, 1981. Item No. 13: Consideration of Extension of Amendment to Conditional Use Permit No. 76-15, Onsite Preschool, Holy Cross Lutheran Church, 4321 Cerritos Avenue, Cypress. Recommendation: That the City Council approve the extension of Amendment to Conditional Use Permit No. 76-15, subject to the original conditions in Exhibit "A" of the staff Report dated November 26, 1990. Item No. 14: Consideration of Acceptance of Final Tract Map No. 14420, 5409- 5433 Camp Street, Cypress. Recommendation: That the City Council approve Final Tract Map No. 14420 and accept the bond for public improvements in the amount of $3,336.00, which is not less than 50% nor more than 100% of the total improvements and authorize the City Clerk to sign the Record Map. Ltem No. 15: Consideration of Orange County Employment Relations Consortium Contract Renewal. Recommendation: That the City Council approve the City's membership in the Orange County Employment Relations Consortium, and authorize the Personnel Director to execute the Agreement for Special Services with Liebert, Cassidy and Frierson for 1992 in the amount of $1,595. Item No. 16: Consideration of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1991. Recommendation: Receive and file. Item No. 17: Consideration of Audit Report of the City of Cypress' Appropriation Limit for the Year Ended June 30, 1991. Recommendation: Receive and file. Item No. 18: Consideration of Design Review Committee No. 91-31, Trash Enclosures Located to the Rear of Target Shopping Center, 6891 and 6911 Katella Avenue, Cypress. 3 ra y~ City Council Minutes January 13, 1992 Recommendation: That the City Council approve this item for the following reasons: 1) The design of the new enclosures provides for a third container to be utilized for recyclable items, helping to satisfy the City's request for increased recycling efforts; 2) The design of the new enclosures will eliminate damage to the rear of the building currently being caused by the removal and replacement of the trash containers, and will also eliminate the noise generated from the trash containers hitting the rear of the building during removal and replacement; 3) A condition presently exists limiting the hours of refuse collection from 7 a.m. to 6 p.m. daily, thereby; minimizing early morning and evening noise levels. Item No. 19: Consideration of Auditor's Management Letter. Recommendation: Receive and file. Item No. 21: Continuation of Consideration of "No Smoking" Ordinance Amendment. Recommendation: That the City Council continue this matter to the meeting of January 27, 1992. Item No. 22: Consideration of Vacancy Report for December 1991. Recommendation: Receive and file. Recreation & Park Dictr;rt Ma .arc: Item No. 23: Consideration of Audit Report of the Cypress Recreation and Park District's Appropriation Limit for the Year Ended June 30, 1991. Recommendation: That the City Council, acting as the ex officio Board of Directors for the Cypress Recreation and Park District, receive and file the report. END OF CONSENT CALENDAR Regarding the Vacancy on the Cultural Arts Commission, Councilmember Kerry requested that a procedure be established for reappointment and any applications received from citizens during the last six months or year be attached to the request for reappointment. Mayor Partin stated that there seems to be some confusion in the Park and Recreation Department as to when the appointment terminates. He requested a review of the term length, if the two year terms have now been replaced with four year terms and commented that the notification of term expiration is very delinquent on the part of the Park and Recreation Department. He is not happy with that performance and he would like to make sure the Ordinance is being followed on reappointments. Councilmember Kerry suggested that the Council be provided with input as to the amount of interest in the community in the various commissions. She also suggested that the community be aware of how many positions will be open on the commissions at stated times. The City Attorney mentioned that the City has a charter provision that states the members of boards and commissions be appointed to a four year term no matter when they commence serving. Mayor Partin requested the number of years that Commissioner Hadjinian has served and the City Manager will review. Councilmember Kerry suggested this item be continued. Mayor Partin requested the vacancy be advertised. It was moved by Councilmember Kerry and seconded by Councilmember Age to advertise for the Cultural Arts Commission vacancy and delay the reappointment. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The City Manager clarified that the Council wishes a policy be established requesting notification a certain number of months prior to any Commission vacancy, along with copies of any applications received during the previous year. A draft policy will be brought back to Council. 4 ~ i - J r i 4,~. 9 City Council Minutes January 13, 1992 nRnrNANr.Fs (Second Reading) & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 89-27. RESOLUTION N0. 4025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-27 - WITH CONDITIONS (KOREAN COMMUNITY CHURCH, 5900 BALL ROAD). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 87-30. RESOLUTION N0. 4026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 87-30 - WITH CONDITIONS (GOLD'S GYM, 6177 BALL ROAD). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Age and seconded by Councilmember Kerry to grant Variance No. 91-9. RESOLUTION N0. 4027 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 MORE THAN TWO AMATEUR RADIO ANTENNAS TO REMAIN CLOSER THAN TEN FEET FROM OTHER STRUCTURES, WITH ONE TOWER LOCATED IN THE STREET SIDE YARD - VARIANCE N0. 91-9 (9815 CEDAR COURT). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP No. 91-22. RESOLUTION N0. 4028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 91-22 - WITH CONDITIONS (EUROPEAN TASTE GOURMET RETAIL STORE, 4955 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution by .title only, title as follows, approving renewal of CUP No. 89-14. 5 ~_~a/~ .City Council Minutes January 13, 1992 RESOLUTION N0. 4029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING RENEWAL OF CONDITIONAL USE PERMIT N0. 89-14 - WITH CONDITIONS (RETAIL SHOPPING CENTER, 6202 AND 6222 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt ~ the Resolution by title only, title as follows, granting Variance No. 91-10. RESOLUTION N0. 4030 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 INSTALLATION OF AN AIR-CONDITIONING COMPRESSOR UNIT ON THE SIDE PATIO ROOF - VARIANCE N0. 91-10 (5806 STRATMORE AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Age requested that Item No. 37, Status Report on Rabbit Program in the Cypress Nature Park from the 7:30 p.m. portion of the Agenda be discussed at this time. Hearing no objection, Mayor Partin so ordered. The City Attorney advised that any final Council action might be made later. Councilmember Age stated she had asked City staff and the Public Works Director for information and has not received that input. She asked for a consensus from Council for a continuance until she received the requested information. The City Attorney advised that the Council may continue the item at this time and the Mayor announce that decision during the 7:30 p.m. portion. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue status report on the rabbit program to the meeting of February 10, 1992. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin recessed the meeting at 6:30 p.m. to allow the Council to enter into Closed Session. The meeting reconvened at 7:55 p.m. with all Councilmembers present and staff members Bacock, Barrett, DeCarlo, Donovan, Hamlin, Storey and Wicker also present. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman. PRESENTATIONS: Mayor Partin presented special recognition plaques to Cypress Celebrates the Holidays' Sweepstake's Award Winners for business and individual home categories to ERA Real Estate Store, 9739 Walker Street, accepted by Councilmember Nicholson, and to Jim and Collett Schueneman, 5800 Orange Avenue. The Mayor also presented Mayor's Proclamations for Cypress Celebrates the Holidays' Hall of Fame Award Winners to Victor's Flowers, 4362 Lincoln Avenue, business category, and Peter and Penny Parker, 5803 Holmby Court, individual home category. 6 City Council Minutes January 13, 1992 4 2 ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Johnny Perkins, 9219 Esther Street, Cypress, complimented the Police Department on their professional handling of a very bad accident on the corner of Moody street and Lincoln Avenue. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, asked the status of the drainage situation at the corner of Denni Street across from Avenida Granada. The Public Works Director replied that the City is working with the developer to resolve the pumping problem. Councilmember Kerry brought up the subject of a Cultural Arts assessment and asked that direction be given to the Cultural Arts Commission to establish a committee of volunteers to review the economic feasibility of a Cultural Arts Center and various funding alternatives. Mayor Partin suggested that the committee formation might be premature and a cultural arts assessment is needed to determine if facilities are warranted or wanted. The City Manager advised that the contract for the cultural arts assessment will be brought before the Council at the next meeting. Councilmember Kerry suggested that an addition might be needed to the assessment, i.e., an analysis of cost and availability of funding. After some discussion, the Mayor requested that the item be placed on the January 27, 1992 agenda. Mayor Partin announced that Mayor Pro Tem Cecilia Age has been unanimously elected as the Chairman Pro Tem of the Airport Land Use Commission. Councilmember Kerry thanked the Sorrento Homes group that donated sweatshirts to all of the members of the Cypress All Stars Soccer teams. The City Manager reported that the Council met at 4:30 p.m. in a workshop session to discuss the General Plan elements with consultants Cotton/Beland and Associates. The Council gave direction to the consultants and the community will have an opportunity to provide input on the General Plan amendments at a public hearing. He then summarized the actions taken by the Council during the 5:30 p.m. portion of the agenda. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. The City Manager announced that discussion was held on Item No. 37, Status Report on Rabbits in the Cypress Nature Park and the item was continued to the meeting of February 10, 1992. The City Attorney reviewed discussions held during Closed Session on litigation, property acquisition negotiations and personnel. The items discussed were: the matter of Barrera vs. the City of Cypress, Potlatch case, City Manager's contract, employee contract negotiations and the acquisition of the Erskine property. Mayor Partin announced that the Rabbit item has been continued to February 10, 1992 to gather additional data. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 89-13 AND AMENDMENT TO VARIANCE NO 91-6, ORIENTAL MISSIONARY SOCIETY (OMS), ORANGE COUNTY HOLINESS CHURCH, 4872 BISHOP STREET, CYPRESS: Mayor Partin opened the public hearing. Associate Planner Holly Hamlin presented a summary of the staff report dated January 2, 1992, which represented a request for the construction of a two-story, 9,329 square foot church located at 4872 Bishop Street. Previously, Council had identified two planning issues which required further resolution. These issues also required an amendment to Variance No. 91-6 to include a parking variance. An updated public notice regarding the parking variance was published, posted and mailed to all property owners within a 300 foot radius. Staff has received no comments on this matter. If the church does not begin construction of the permanent church within one year of the date of approval, the conditional use permit for the project will also expire, unless the applicant requests, and is granted, an extension by the City Council prior to the expiration date. 7 t~' City Council Minutes January 13, 1992 Responding to Councilmember Kerry's question on the ground level at the wall, the Public Works Director replied that the policy being followed was, depending on the drainage of the adjacent piece of property, that wall would not be higher than eight feet and a wall no less than six feet on the property that is to be developed. Responding to Councilmember Nicholson, Pastor Tashi Sakarai explained the use of the present buildings on the property. Mr. Fred Tanisaki responded to Councilmember Nicholson's concern as to when they plan to start construction of their church since it has taken ten years and she asked for a more definite construction date. Mr. Tanisaki advised that they are hoping to start construction in about four months. Mayor Partin asked the applicant if they had reviewed the conditions and Mr. Tanisaki commented on Condition No. 20 and the possibility that an additional fire hydrant may not need to be installed. Mayor Partin asked if anyone wished to speak in support of or in opposition to the application. No one spoke. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act and approve amendment to Conditional Use Permit No. 89-13 and amendment to Variance No. 91-6, subject to the Conditions of Approval. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Partin recessed the meeting at 8:45 p.m. and reconvened it at 9:00 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF ADOPTION OF ORDINANCE ADJUST NG CITY COUN TI COMPENSATION: Councilmember Bowman stated that since all employee contracts haven't been settled, he suggested the item be continued to the next meeting. Councilmember Age commented that she was ready to vote tonight. It was moved by Kerry and seconded by Councilmember Nicholson to waive the proposed 5% increase in compensation for Councilmembers. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF OUTLINE OF ISSUES FOR RACING/HOMING PIGEON COOPS AMENDMENT TO THE ZONING ORDINANCE, SECTION 9 1 B 10 - PERMITTED AND CONDITIONAL USES: RESIDENTIAL ZONES, AVIARIES: The City Manager read a petition with six signatures that was received, a copy of which is available in the City Clerk's office. The Associate Planner reviewed the staff report dated January 6, 1992, to which was attached a draft ordinance to allow racing/homing pigeon coops in residential neighborhoods. Staff has researched the subject and prepared a draft outline of issues for Council's review. As suggested, a conditional use permit would be required along with a fully dimensioned site plan and proof of affiliation with a recognized racing pigeon association. Other conditions have been included in order to minimize any negative impacts which could result from the keeping of pigeons. Due to State public noticing requirement for environmental documents, staff will be preparing a final draft of the ordinance and present it to the City Council for approval and first reading at the January 27, 1992 meeting. Mr. David Nagle, applicant, 6876 Molokai Drive, Cypress, addressed the recommendations for the racing/homing pigeon ordinance and requested some changes. On Item A, he requested a phrase be added, which reads, "plus young with bands of that year." On Item B, he asked to change "35" to "40." Councilmember Age stated that she did have a problem with the requested change in Item A. On Item C, he requested that the hours be changed from "7 a.m. and 6 p.m." to "6 a.m. and sunset." Councilmember Age commented that 6 a.m. was 8 f~j9 4~'3 City Council Minutes January 13, 1992 too early. Regarding Item F, Councilmember Nicholson suggested that the droppings not be used to fertilize the grassy area between the neighboring driveway. Councilmember Bowman stated he would not support this amendment to the Ordinance. He felt we were creating a bigger problem than before by possibly allowing neighbor upon neighbor to have racing pigeons. Councilmember Kerry commented that this is something unique, it applies only to racing pigeons and not to all types of birds. The City Attorney advised the conditional use permit would not allow the City to exceed the ordinance and the current ordinance has a limit of 30 birds caged at all times. If anything is granted in excess of 30 bird or a release of birds, there must be an ordinance change. Responding to Councilmember Kerry, Assistant Planner Doug Hawkins advised the Council on the ordinances various surrounding cities had on aviaries/birds. Mr. Robert Wallace stated he was responsible for the petition and owns the property directly behind Mr. Nagle. The keeping of racing pigeons was a rural activity, not a city activity. His interest was that of a property owner and that, at some point, when he sells the property, the market value will not be there because of the neighbor's pigeons. The issue is his property value. Ms. Beverly Hatfield, 6886 Molokai Drive, Cypress, advised the Council that she planned to have a petition signed to have the ordinance remain as it now reads. She mentioned that they are bothered by some of the noise and she expressed dissatisfaction with the process and the situation. Councilmember Nicholson would support the conditional use permit, changing Item No. A to include "plus the young with bands of that year." Item No. B to change "35" to "40" and change Item No. C from "7 a.m. and 6 p.m." to "7 a.m. to sunset." Councilmember Age stated she was willing to support the draft ordinance but didn't want to be quite that lenient and would suggest leaving Items No. A and F as written. After additional discussion, the City Attorney advised that rather than burden the ordinance with details, that the Council provide key issues for the ordinance then the negotiation of other items can be done through the use permit process. Mayor Partin suggested a maximum of 100 birds, a maximum of 40 to be released at one time and 7 a.m. to sunset, Monday through Friday. Councilmember Bowman stated he did not believe this was a proper use and he felt it would detract from property values. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to direct staff to bring back an ordinance to the January 27, 1992 meeting with the following revisions: Item No. A, a maximum of 100 racing pigeons; Item No. B, no more than 40 racing pigeons may be released at any one time; Item No. C, from 7 a.m. to sunset with all other items to remain the same. A conditional use permit will be required to house racing/homing pigeons. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Bowman ABSENT: 0 COUNCILMEMBERS: None Mr. Nagle remarked that the Racing Pigeon Association had a very good educational film, "Marathon in the Skies". Councilmember Kerry encouraged Mr. Nagle to obtain a copy for the Cypress library. CONSIDERATION OF MINOR MODIFICATION TO AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-23, CYPRESS GOLF COURSE, CLUB HOUSE LANDSCAPING AND ANCILLARY BUILDINGS: The Associate Planner summarized the staff report dated January 6, 1992, which proposed minor changes to the previously approved landscape plan and exterior building materials of the club house facility located north of Katella Avenue, west of Sibony. These refinements are requested to address project budget constraints. 9 4~ City Council Minutes January 13, 1992 Mr. Mark Zwagerman, architect with Nikken America, Inc., 333 South Hope Street, Los Angeles, explained that the roof would remain patina copper; the club house has not changed at all. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to receive and file the Minor Modifications to Amendment to Conditional Use Permit No. 90-23. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ZONING DETERMINATION REQUEST REraRnrNr OCCUPANCY OF RESIDENTIAL DEVELOPMENT PRIOR TO CONSTRU TION OF COMMERCIA DEVF1f1PMFNT IN THE LINCOLN AVENUE COMBINING ZONE, 6292 - 6303 LINCOLN AV Nt~F: Ms. Hamlin, Associate Planner, presented the staff report dated December 30, 1991, which represented a request for a zoning determination regarding the release of occupancy for residential units prior to completion of the commercial portion of a development within the LC - Lincoln Avenue Combining Zone. The applicant is requesting this determination with regard to the approved mixed use development currently under construction at 6292-6303 Lincoln Avenue, within the CH/LC Commercial Heavy/Lincoln Avenue Combining Zone. This zoning determination request is an interpretation of the City of Cypress Zoning Ordinance and is not considered to be a project according to the requirements of the California Environmental Quality Act. Mr. Tom Matlock, project coordinator, 4642 E. Chapman Avenue, Orange, stated that construction has been started and he anticipates completion of the commercial building prior to the completion of the 12 condos. He would put up the initial letter of credit of $22,500, which are 100% cash guaranteed bonds. He explained that they would like to take the first 15 units in lieu of the second letter of credit for the 15 that they have substantially completed upon completion of the commercial. The commercial building will be ready in three months and the 15 units will be sold in less than three months. The concern is not the loss of the letter of credit but running out of units to sell. He would like a condition stating that if they sell more than 15 units, they would like to sell them and close prior to 90 days. ~ Councilmember Kerry encouraged the applicant to negotiate with staff rather than at the Council meeting and there doesn't appear to be a need to resolve it now. The City Attorney asked Mr. Matlock if the release of 20 and 10 units would remedy the problem with no loss of security. The City Manager advised that the process was long, this is anew and innovative approach to resolving a problem created by the ordinance requirements that says the commercial must be built before any certificates of occupancy can be issued for any residential. The City is solving the developer's problem, maintaining security for the City and if there needs to be further negotiation, it will be on a future agenda. The developer agreed to the change in No. 2, from 15 units to 20 units and 15 units to 10 units and return to Council if the commercial building could not be completed. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to release a portion of the completed condominium units, approved under Tract No. 14445 and Conditional Use Permit No. 90-31 prior to completion of the required commercial portion of the development, is consistent with the intent of Section 12.6-3.B of the Cypress Zoning Ordinance, with conditions. Condition No. 2 to be changed to read as follows: "If the commercial building is not completed within six (6) months of the Certificate of Occupancy for the first twenty (20) units, the developer must submit another irrevocable letter of credit in the amount of $22,500 prior to release of occupancy for the next ten (10) condominium units...." The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 10 l ~ .-i City Council Minutes January 13, 1992 rnnicrnr~n-rrnni OF DESIGN REVIEW COMMITTEE NO 91-30, AND MINOR MODIFICATIONS TO AMENDMENT TO CONDITIONAL USE PERM LT NO 90-25, CYPRESS POINTE SENIOR COMMUNITY ~ FINAL LANDSCAPE PLAN, 5120 LINCOLN AVENUE: The Associate Planner reviewed the staff report dated January 2, 1992, which proposed final landscape plans including minor revisions to the original plan for the development of a 199 unit retirement community at 5120 Lincoln Avenue. These revisions also include minor changes to three Conditions of Approval. Since the time of the project approval, the applicant purchased the property from the original owner. In addition, the applicant requested a six month extension for the conditional use permit to allow adequate time for clearance of toxic waste conditions and asbestos abatement. Staff feels the proposed landscape plan is well designed and adequately addresses the intent of the original project plan. Mr. Leon Hyter, Hyter Development Company, 1001 Dove Street, Newport Beach, stated he was the owner of the new Senior Community, it is a project they will build to keep and manage and there will be a controlled security entrance. Responding to Councilmember Kerry's concern, the Public Works Director answered that the ground level question had been thoroughly discussed with the Hyter engineer and they are planning on using the existing walls. It was moved by Councilmember Bowman and seconded by Councilmember Age to receive and file the proposed landscape plan for Conditional Use Permit No. 90-25, Cypress Pointe Senior Community, including the minor modifications to Conditions of Approval 23, 36 and 49. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF COMMUNICATION FROM MR THOMAS S. BRACHKO,~UESTING SUPPORT OF HOUSE RESOLUTION N0. 12~,.ESTABLISHING ENGLISH_AS THE OFFICIALL__ANGUAGE: Mayor Partin commented that he had asked that this item be placed on the agenda, which requested support of House Resolution No. 123 establishing English as the official Federal government language. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to support House Resolution No. 123. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The City Attorney suggested a letter be sent under the auspices of the Mayor indicating that the Council took the action supporting the Resolution. Councilmember Kerry urged that a copy of the letter be sent to the League of Cities encouraging their support. Hearing no objection, Mayor Partin so ordered. CONSIDERATION OF THE TERMINATION OF THE CITY'S HIRING FREEZE: The City Manager addressed the staff report dated January 8, 1992, which requested review and discussion of the hiring freeze policy established by the City Council on June 10, 1991. As indicated in a separate report, the approximate salary savings would be close to $30o,oooin the event the City Council were to terminate the freeze as of January 13, due to ongoing savings prior to filling the existing vacancies. This means that the current budget projections are balanced without dependency of the one-time revenue available to the City for the 1991/92 budget. Councilmember Bowman stated that what was set out to do was accomplished and the question is can the City operate efficiently with reduced staff. He suggested that the next budget discussions include paying off the debt the City has incurred the past few years. Councilmember Kerry stated that this City has always had very conservative budgets and revenues and additional revenues to deal with emergency situations. She has encouraged rewards for employees that have cost-saving ideas and meetings with neighboring cities to coordinate services and reduce costs. 11 /-1~'f ~ City Council Minutes January 13, 1992 Councilmember Age mentioned that the Council had a workshop to determine what needed to be done in the future so the problem doesn't occur again. She stated that the purpose of the hiring freeze was never to cripple a department or have the level of service so low that it hurt the City. Councilmember Nicholson concurred with the other Councilmembers, in that a hiring freeze is a very difficult step and she felt the freeze accomplished what it set out to do and expressed pleasure that it succeeded. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to , authorize the termination of the hiring freeze effective January 13, 1992. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ORDINANCE AMFNnTNr f.HAPTFR ~~a nF THE CODE OF THE CITY OF CYPRESS AND RESOLUTIONS AUTHnRr~rNr CHANG S IN OTHER R ATED DEPARTMENT MONETARY LIMITS: The Finance Director reviewed the staff report dated December 30, 1991, which recommended that the formal and informal bid dollar limit be increased to free staff time to investigate items of greater value to the City and allow a greater flexibility in procurement. The Purchasing Officer may still require bids, regardless of the dollar amount if there is a reasonable possibility of obtaining a better price commensurate with the time and effort expended. The report included resolutions that address changes on limits not specified in the City code, i.e., check requisitions, express order, department blanket purchase order and petty cash. Also, to save both time and money, regular mail should be sufficient for the form bid process. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the first reading of the Ordinance by title only, title as follows, amending Chapter 21A "Adoption of Purchasing System" of the City Code and to adopt the Resolutions by titles only, titles as follow, to approve: establishing an amount at which bidding is not required pursuant to Section 21A-9 of the Code, adjusting the check requisition limit, establishing of an Express Order procedure, adjusting the limit on department blanket purchase orders, increasing the petty cash limit and using regular mail in the formal bid process instead of certified mail. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 21A, "ADOPTION OF PURCHASING SYSTEM," OF THE CODE OF THE CITY OF CYPRESS. RESOLUTION NO. 4031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN AMOUNT AT WHICH BIDDING IS NOT REQUIRED PURSUANT TO SECTION 21A-9 OF THE CODE OF THE CITY OF CYPRESS. RESOLUTION N0. 4032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJUSTING THE CHECK REQUISITION LIMIT. RESOLUTION N0. 4033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN EXPRESS ORDER PROCEDURE FOR PURCHASES OF UNDER $250.00. RESOLUTION NO. 4034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJUSTING THE LIMIT ON DEPARTMENT BLANKET PURCHASE ORDERS. RESOLUTION NO. 4035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJUSTING THE PETTY CASH REIMBURSEMENT LIMIT. 12 ~ ~/,3 City Council Minutes January 13, 1992 ~ 2 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ADOPTION OF RESOLUTIONS THAT RATIFY THE MEMORANDA OF ~~NDERSTAND NG WITH FOUR BARGAINING UNITS - CYPRESS EMPLOYEES' ASSOCIATION. MAINTENANCE EMPLOYEES' ASSOCIATION, PUBLIC WORKS MAINTENANCE SUPERVISORS' ASSOCIATION., AND MID-MANAGEMENT EMPLOYEES' ASSOCIATION: The Personnel Director summarized the staff report dated January 7, 1992, which requested approval of the memoranda of understanding with four bargaining units. The MOUs incorporate the changes in benefits as discussed and authorized previously by City Council. All of the MOUs are for a one year period, commencing at the end of December 1991 and concluding at the end of December 1992. It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolutions by titles only, titles as follows, ratifying the Memoranda of Understanding between the City and the Cypress Employees Association, Maintenance Employees' Association, Public Works Maintenance Supervisors' Association and the Mid-Management Employees' Association. RESOLUTION N0. 4036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. RESOLUTION N0. 4037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. RESOLUTION N0. 4038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS PUBLIC WORKS MAINTENANCE SUPERVISORS' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. RESOLUTION N0. 4039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MID- MANAGEMENT EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CYPRESS ELECTED REPRESENTATIVE TO THE CENTRAL ORANGE COUNTY FIXED GUIDEWAY AGENCY (COCFGA) ASSOCIATE MEMBERSHIP OF TECHNICAL ADVISORY COMMITTEE: The staff report dated January 8, 1992 stated that the Central Orange County Fixed Guideway Agency (COCFGA) was established on June 6, 1992 to facilitate and participate in the development of a fixed guideway transportation system, urban rail, in central Orange County. The Joint Powers Agreement, which governs the COCFGA provides for additional cities to become Associate Member cities when they are interested in or affected by the project or potential extensions. In view of the urban rail master plan now approved by OCTA, Cypress has been extended an invitation to join the COCFGA as an Associate Member. 13 • ~~v V City Council Minutes January 13, 1992 The City Manager advised that it is important that the City join and actively participate. It was moved by Councilmember Age and seconded by Councilmember Kerry to nominate Councilmember Bowman to represent the City of Cypress at the meetings of the Technical Advisory Committee of the Central Orange County Fixed Guideway Agency. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RESPONSE TO RECENT LOS ANGELES TIMES ARTICLES REGARDING MELLO-RODS COMMUNITY FACILITIES DISTRICTS: The City Attorney summarized the staff report dated January 8, 1992, which responded to Council's questions on the Los Angeles Times articles regarding the impact and risks of Mello-Roos bonds. Of the issues raised in the Times article, none of them apply to the City of Cypress. The first issue raised was that homeowners in some Community Facilities Districts (CFDs) must pay higher taxes if large landowners fold and walk away from their tax obligations. While some CFDs may shift the delinquency burden to other taxpayers in the district, the Cypress CFD does not. A second issue was the implication that many developers involved in CFDs control the proceedings. All consultants were independent of the developer, particularly the appraiser. The third issue was adequate disclosure of the existence of CFDs. The City required the developer not only to comply with State but to sign two separate documents at two different stages in the purchase of the home which stated the maximum tax that the property would be charged. The last major issue was that the developers bear no monetary burden for the CFDs. Cypress Homes agreed to pay all formation costs of the Cypress CFD if for any reason the CFD was not formed and bonds were not issued. It was moved by Councilmember Kerry and seconded by Councilmember Age to receive and file the staff report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Due to the lateness of the hour, it was moved by Councilmember Age and seconded by Councilmember Kerry to continue the meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF MODIFICATION OF SPECIAL TAX FORMULA FOR COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS: The City Attorney presented the staff report dated January 8, 1992, which was a review of the procedures to modify a special tax formula for the City's Community Facilities District No. 1 (Sorrento Homes). The fact that all of the homes had not been recorded at the time of the first year tax, there was a question raised as to how much the developer was paying, how the property was divided and the procedure for modifying the formula. Because the budget for the 1991-1992 year included a credit for capitalized interest, the developed property special tax rates were set at approximately 57% of the Maximum Special Tax Rates and undeveloped property was not taxed. Pursuant to the Mello-Roos Community Facilities Act of 1982, the City Council may, at any time, determine that the public convenience and necessity require that the special tax formula should be changed and adopt a resolution of consideration to alter the special tax formula. The City Attorney reviewed that process. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to receive and file the staff report. The motion carried by the following roll call vote: 14 ~ City Council Minutes January 13, 1992 9 AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age Councilmember Age stated she abstained because she has abstained continuously on this project because her employer, Security-Pacific Bank, was a major lender. rnNCrnFRnTTnN OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS N0. 48454 - 48847: It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the Warrants No. 48454 through 48847 in the amount of $1,852,626.25. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Not on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting to 4:30 p.m. on January 27, 1992 in the Administrative Conference Room. , MAYOR OF THE CITY OF CYPRESS ATTEST: /1 ~ CITY C ERK OF T CITY OF CYPRESS 15