Minutes 92-04-13 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 13, 1992
The Regular Meeting of the Cypress City Council was called to order at 5:00
p.m., Monday, April 13, 1992, in the Administrative Conference Room, City
Hall, 5275 Orange Avenue, Mayor Richard Partin presiding.
PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin
ABSENT: None
Also present was City Manager/City Clerk Darrell Essex.
The City Council held a Joint Meeting with Cypress American Legion Post 295 to
discuss several alternatives for relocation.
At 5:30 p.m. Mayor Partin recessed the meeting to enable the Council
to reconvene in the Council Chamber. The meeting reconvened at 5:40 p.m. with
all Councilmembers present. Also present were City Manager/City Clerk Darrell
Essex, City Attorney Jerry Patterson and staff members Bacock, Barrett,
DeCarlo, Donovan, Eynon, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to
speak.
CONSIDERATION OF AWARD OF CONTRACT FOR MATERIALS TESTING AND INSPECTION FOR
jHF I-IFATER RFMIX AND REHABILITATION OF VARIOUS STREETS IN THE CITY OF CYPRESS,
PUBLIC WORKS PROJECT N0. 9207: The City Manager presented the staff report
dated April 1, 1992, which described the two proposals received for
professional materials testing and inspection for the heater remix and
rehabilitation of various streets in the City.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to authorize retention of Smith-Emery Company, 5427 E. La Palma Avenue,
Anaheim, CA 92807 to perform the professional materials testing and inspection
services outlined in this report, on a time and materials basis, not to exceed
$19,230.00. 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
rONSID RATION OF AWARD OF CONTRACT FOR THE HEATER REMIX AND REHABILITATION OF
VARIOUS STREETS IN THE CITY OF CYPRESS, PUBLIC WORKS PROJECT NO 9207: The
staff report dated April 1, 1992 indicated that four bids were received for
the heater remix and rehabilitation of various streets in the City of Cypress.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
find the lowest responsible bidder to be All-American Asphalt, and award a
contract for Public Works Project No. 9207 to All-American Asphalt, 14274
Magnolia Avenue, Corona, CA 92710 in the amount of $697,914.90. 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 CONTRACT FOR PURCHASE OF COPY MACHINE: The City
Manager introduced the staff report dated April 1, 1992, which described two
bids received for the purchase of a copy machine for the Recreation and Park
District.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman that
the City Council, acting as the ex-officio governing Board of Directors of the
Cypress Recreation and Park District: 1) authorize a transfer of $3,900.00
from Account 4187-12-301.10 to capital outlay Account 4404-83-651.36; 2)
authorize the allocation from the Cypress Recreation and Park District's
General Fund the remaining dollars owed ($2,485.31) to Account 4404-83-651.36
and 3) award the contract to Edgemont, 6106 Gateway Drive, Cypress, CA-90630
2cITY COUNCIL MINUTES April 13, 1992
for the purchase of one Sharp #SF-8400 copier in the amount of $6,385.31. 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
GnNCTnFRATTnN nF ('nNTRA('T FnR ARr.HITFCTURai_ sERVICE_S FOR SENIOR CITIZENS
('ENTER niiRTNr, THE CONSTRUCTION PHASE, PUBLIC WORKS PROJECT N0. 9033: The City
Attorney advised that it was requested this item be deferred until after the
Closed Session and will be added to the Agenda immediately after Oral
Communications and prior to the Public Hearings. Hearing no objection, Mayor
Partin so ordered.
CONSIDERATION OF REQUEST TO RETAIL PROFESSIONAL SERVICES TO PERFORM SOIL
SAMPLING AND ANALYSIS AND QUARTERLY GROUNDWATER MONITORING AT THE CITY
MAINTENANCE YARD FUEL FACILITY: The Public Works Director presented the staff
report dated March 26, 1992, which indicated that several tons of contaminated
soil underwent treatment to lower contaminants to acceptable levels so that it
could be disposed of at a local landfill. In order to avoid paying
considerable disposal fees at the landfill, staff is seeking the assistance of
Tetra Tech, Inc. to perform additional soil analysis to determine current
contaminant levels and to perform the groundwater monitoring.
After some discussion, the City Manager reported that, for a future meeting,
an analysis will be provided the Council on the savings of storing gasoline
vs. purchasing at local gas stations. Councilmember Kerry suggested including
a cost of raising the tanks above ground be included in the analysis.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to: 1) authorize staff to proceed and retain the professional services of
Tetra Tech, Inc., 670 North Rosemead Blvd., Pasadena, CA 91107, to perform
soil sampling and analysis, as well as implement a quarterly groundwater
monitoring program as required by the SARWQCB; and 2) authorize the
appropriation of $36,610 from the fund balance of the General Fund to Account
No. 4186-11-446-24 so that Tetra Tech, Inc. may perform soil sampling and
analysis and a quarterly groundwater monitoring program for the City of
Cypress. 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 RENEWAL OF CONTRACT FOR PROFESSIONAL BUILDING PLAN CHECK
SERVICES: The City Manager reviewed the staff report dated April 2, 1992,
which requested renewal of the contract for the services of a professional
engineering firm, working with the Building Office, to provide plan checking
service.
It was moved by Councilmember Kerry and seconded by Councilmember Age to renew
the contract for professional building plan check services with Melad and
Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, CA 92647,-for a
one (1) year period, ending April 13, 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 Items 15 and 19, Consideration of Amendment
No. 2 to Landmark Tree Removal Permit No. 91-1, Grace Church, 5100 Cerritos
Avenue and Consideration of Application for Funds Under the Roberti-Z'Berg-
Harris Urban Open Space and Recreation Grant Program, respectively, be removed
from the Consent Calendar.
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CITY COUNCIL MINUTES April 13, 1992"
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the Consent Calendar Items No. 7 through 19, with the exception of
Items No. 15 and 19. 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. 7: Consideration of Approval of City Council Minutes of March 17,
1992 and March 23, 1992.
Recommendation: That the City Council approve the Minutes of March 17, 1992
and March 23, 1992, as submitted.
Item No. 8: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 9: Consideration of Proclaiming May 9, 1992, as "Fire Service
Recognition Day".
Recommendation: That the Mayor and City Council officially proclaim May 9,
1992, as "Fire Service Recognition Day" in the City of Cypress.
Item No. 10: Consideration of Claim Filed by Jeffrey James Lauer.
Recommendation: That the City Council officially reject the subject claim;
accept the Application to Present a Late Claim since the claimant is a minor;
and refer this matter to the City's Claims Administrator, Carl Warren & Co.,
for appropriate disposition.
Item No. 11: Consideration of Proclaiming April 13-17, 1992, as "Building
Safety Week".
Recommendation: That the Mayor and City Council officially proclaim the week
of April 13-17, 1992, as "Building Safety Week" in the City of Cypress.
Item No. 12: Consideration of Design Review Committee's Approval of DRC #92-
7, #92-8, #92-11, #92-12, #92-13, and #92-14.
Recommendation: Receive and file.
Item No. 13: Consideration of Proclaiming May 3-9, 1992, as "Victims of
Pornography Week".
Recommendation: That the Mayor and City Council officially proclaim May 3-9,
1992, as "Victims of Pornography Week" in the City of Cypress.
Item No. 14 Consideration of Design Review Committee's Approval of DRC #92-
15.
Recommendation: Receive and file.
Item No. 16: Consideration of Change Order No. 2 to the Concrete Repair on
Various Streets Contract, Project No. 9125.
Recommendation: Receive and file.
.Item No. 17: Consideration of Fire Service Task Force - Status Report.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item No. 18: Consideration of New Activity Classes.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
new classes as outlined in the report, as recommended by the Cypress
Recreation and Community Services Commission.
END OF CONSENT CALENDAR
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4 CITY COUNCIL MINUTES April 13, 1992
Regarding Item No. 15, Consideration of Amendment No. 2 to Landmark Tree
Removal Permit No. 91-1, Grace Church, 5100 Cerritos Avenue, Councilmember
Kerry asked if there were any continuing problems and the Planning Director
responded that due to a misunderstanding, two Landmark Trees located along
Cerritos Avenue east of Moody Street were removed during the installation of a
drainage line.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
approve Amendment No. 2 to Landmark Tree Removal Permit No. 91-1, subject to
the following conditions: 1) The property owner/developer shall comply with
all conditions of Landmark Tree Removal Permit No. 91-1 and Amendment No. 1 to
the same permit; and 2) The property owner/developer shall submit a revised
landscape plan, illustrating two (2) additional 48-inch box replacement trees,
to the Planning Department for review and 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
In regard to Item No. 19, Consideration of Application for Funds Under the
Roberti-Z'Berg-Harris Urban Open Space and Recreation Grant Program, and in
response to Councilmember Kerry, the Recreation and Park District Director
replied that the monies recently became available and approvals have already
been obtained through the Senior Citizens Program from the State.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson
that the City Council, acting as the ex officio Board of Directors for the
Cypress Recreation and Park District, execute the application and adopt the
Resolution by title only, title as follows, approving the application for
Roberti-Z'Berg-Harris Urban Open Space and Recreation Grant Program, in the
amount of $16,502.00, to be used towards the Cypress Senior Center project.
RESOLUTION N0. 176
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, APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN
SPACE AND RECREATION PROGRAM FOR THE CYPRESS SENIOR CITIZENS CENTER.
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
ORDINANCES (Second Readina} & RESOLUTIONS:
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 relating to Labor Camps.
ORDINANCE N0. 881
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RESCINDING
ORDINANCE N0. 549 AND REVISING ARTICLE VI TO CHAPTER 13 OF THE CYPRESS
CITY CODE RELATING TO LABOR CAMPS.
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 Nicholson to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance relating to Food Handling Businesses and Health Services
Fees.
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CITY COUNCIL MINUTES April 13, 1992
ORDINANCE N0. 882
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RESCINDING
ORDINANCE N0. 516 AND REVISING ARTICLE I AND ADDING ARTICLE II TO
CHAPTER 13 OF THE CODE OF THE CITY OF CYPRESS RELATING TO FOOD HANDLING
BUSINESSES AND HEALTH SERVICES FEES.
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 CUP No. 92-4.
RESOLUTION N0. 4057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT N0. 92-4 - WITH CONDITIONS (CAR RENTAL OFFICE
LOCATED WITHIN THE CYPRESS SQUARE CENTER, 4915 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 Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows approving CUP No. 92-2.
RESOLUTION N0. 4058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT N0. 92-2 - WITH CONDITIONS (OPERATE DROP-OFF,
PICKUP ONLY DRY CLEANING BUSINESS, 5018 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 Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving amendment to
CUP No. 88-31.
RESOLUTION N0. 4059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 88-31 - WITH CONDITIONS (EXPAND
EXISTING VIDEO ARCADE INTO ADJACENT LEASE SPACE, 9111 VALLEY VIEW,
SUITES 109 AND 110.)
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 CUP No. 92-3.
RESOLUTION N0. 4060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT N0. 92-3 - WITH CONDITIONS (DEMOLISH AND
CONSTRUCT GASOLINE STATION/MINI-MARKET FACILITY WITH OFFSITE SALE OF
BEER AND WINE, 9511 VALLEY VIEW STREET).
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CITY COUNCIL MINUTES April 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
CLOSED SESSION: Mayor Partin recessed the meeting at 6:10 p.m. to enable the
Council to enter into Closed Session to discuss matters of personnel and
litigation. The meeting reconvened at 7:35 p.m. with all Councilmembers
present, City Manager/City Clerk Essex, City Attorney Patterson and staff
members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age
PRESENTATIONS: Mayor Partin presented a plaque to the Cypress "Cougars" Youth
Basketball Team for placing second in the Orange County Youth Basketball
Tournament and introduced the "Cougars" Youth Basketball Team and their
coaches, Larry Boberg and Kirk Weaver. Mr. Boberg stated that the team had
decided that if the Cougars had an opportunity to play for the championship,
they would not participate if the championship game was on Sunday and they
forfeited the game. He also stated that this happened two years ago and they
hope they can make a difference for change in the future.
Ms. Yolanda Benhass, representing the Cypress High School On-Campus Graduation
Committee, provided a brief history of the sites for the Cypress High School
graduations, presented a budget and requested monetary support for the
community high school from the City Council to conduct onsite graduation
exercises. Councilmember Age asked if they would consider in-kind services in
lieu of a monetary contribution. Ms. Cherie Hippler advised that the City is
already supporting the graduation in non-monetary ways and the primary cost is
for rental chairs.
After some discussion, Councilmember Nicholson noted that the item was on the
Agenda and, hearing no objection, the Mayor advised that he would move that
item forward after the Public Hearings.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Dorothea Burns, President of the Buena Park/Cypress/La Palma Association
of Realtors, asked the City Council to proclaim May 2 through 10, 1992
"American Home Week." In conjunction with "American Home Week," the
Association will also sponsor a "Pride in Property" contest. The City Manager
stated that this item will be placed on the Council's next agenda.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished clarification.
The City Manager reported that the Council met at 5:00 p.m. in a joint meeting
with Cypress American Legion Post 295, discussing several alternatives for
their relocation and he then summarized the actions taken by the Council
during the regular 5:30 P.M. portion of the meeting.
The City Attorney reviewed discussions held by the Council during Closed
Session on a personnel item regarding the Memorandum of Understanding between
the City and the Cypress Public Safety Employees Association and a potential
litigation matter. The Council was also advised on Item No. 4 regarding
Architectural Service for the Cypress Senior Center.
The City Manager advised that a signed contract had been received from the
Cypress Public Safety Employees Association.
Mayor Partin commented on the ground breaking ceremonies held at the Senior
Center site on April 9, 1992. He mentioned some upcoming events: the
Corporate Challenge, afund-raiser of the Chamber of Commerce, which pits the
Mayor of Cypress against a member of the Chamber, Mr. Andy Lachina, to be held
at the Los Alamitos Race Course on April 15. The kickoff event for "Cypress
Celebrates the Arts" week will be held on Friday, April 24. On Saturday,
April 25, 1992, the Rotary Club will hold their annual "Evening of Elegance"
at the Old Ranch Country Club with proceeds going to the Straight Talk Clinic.
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CITY COUNCIL MINUTES April 13, 1992
Mr. Peter Brynd, Executive Director of the Cypress Chamber of Commerce, stated
that Andy Lachina has challenged Mayor Partin to a harness race and the
proceeds will benefit the Chamber of Commerce and the Cultural Arts Needs
Assessment project.
CONSIDERATION OF PUBLIC HEARING RE: PROPOSED LIGHT RAIL SYSTEM ALONG THE
PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY, TRAVERSING THE CITY IN A NORTHWEST
DIRECTION FROM HOLDER STREET TO LA PALMA AVENUE: Mayor Partin opened the
public hearing. The City Manager reported that this matter had been scheduled
for hearing this evening; however, the consultants have advised that they will
not be able to provide the information requested by the City Council at this
time and requested a continuance.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue this hearing to the meeting of May 26, 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 CONTRACT FOR ARCHITECTURAL SERVICES FOR SENIOR CITIZENS
CENTER DURING THE CONSTRUCTION PHASE, PUBLIC WORKS PROJECT NO 9033: The City
Manager introduced the staff report dated April 6, 1992, which indicated that
because of funding source requirements and procedures and the restructuring of
Sata Collaborates, Inc./John Carl Warnecke & Associates organization, it would
be to the City's benefit to enter into a new agreement with Sata Collaborates,
Inc., for Phase III services only at the same amount.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
award a contract for the professional services of Sata Collaborates, Inc., 35
East Colorado Blvd., Pasadena, CA 91105 for Phase III services, in an amount
not to exceed $40,000. 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
Mayor Partin stated that CONSIDERATION OF SUPPORT FOR THE CYPRESS HIGH SCH00
ON-CAMPUS GRADUATION EXERCIS would be considered at this time.
It was moved by Councilmember Nicholson to donate $1,000 to the on-campus
graduation exercise. Councilmember Age stated she would not support the
motion. She did not want to contribute more than $500. It was not a budgeted
item, there are budget problems and the City is already providing in-kind
services. Councilmember Bowman concurred with Councilmember Age. He didn't
believe it was a City function, would consider helping this year with $500 but
would expect the high school to arrange funds in the future.
Ms. Yolanda Benhass reported that they are also going out into the community
for donations.
Councilmember Kerry seconded Councilmember Nicholson's motion. She stated
that the City should be supportive, she believed that the $1,000 was high, but
the high school is in a situation this year that would justify the
contribution. She suggested that $500 contribution to the graduation exercise
be considered in a future budget.
Mayor Partin stated he would support the motion; however, high schools should
be able to fund their own graduation. He viewed this somewhat differently
than Grad Nite.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Kerry, Nicholson and Partin
NOES: 2 COUNCILMEMBERS: Age and Bowman
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Kerry remarked that if the District is going to allow schools to
have graduation exercises onsite, they should be equally supported.
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CITY COUNCIL MINUTES April 13, 1992
CONTINUATION OF CONSIDERATION OF INSTALLATION OF PEDESTRIAN BRIDGE OVER THE
STANTON CHANNEL AT HOLDER STREET: The Public Works Director summarized the
staff report dated April 2, 1992, which indicated that staff has had the
opportunity to review the structure and specifications of the existing foot
bridge. It was determined that it would not be possible to make the necessary
modifications to achieve the required length without impairing structural
integrity. Purchase of anew bridge is the only viable alternative and that
cost has been estimated at $100,000 provided soil conditions and other unknown
parameters are within the normal range.
Councilmember Bowman mentioned there is an incentive program available through
the Air Quality Management District and funds are available and he will
provide the staff with the information.
Mr. Phil Wendel, 2847 Knoxville, Long Beach, representing Yamaha Corporation,
stated that there is a need to encourage ride sharing to help clean up the
environment and he felt that the installation of a pedestrian bridge would aid
walking to work. He stated that Yamaha is willing to support a portion of the
financing, but would be unable to bear the majority of the cost.
Councilmember Nicholson suggested this item be continued to allow staff
sufficient time to review any funding available.
Mr. Doug James, 10152 Camwalla Drive, Huntington Beach, in charge of the
rideshare program at Panasonic, explained their rideshare program and
presented the Council with a letter signed by eight employees who would be
willing to walk or ride bicycles if afoot bridge were installed.
Mayor Partin commented on the possibility of a matching funds program if there
aren't sufficient grant monies. He recommended continuing this item
indefinitely until the review of possible funding sources is exhausted.
Councilmember Kerry suggested that perhaps payment from the businesses for the
bridge could be spread out over several years as additional funding becomes
available. `
The Public Works Director would provide the Council with a progress report in
two months.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
continue this item for two months to enable staff to return with a progress
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
CONTINUATION OF CONSIDERATION OF DISCUSSION OF PARKING ISSUES ASSOCIATED WITH
EVENING BINGO OPERATIONS AT THE BOYS AND GIRLS CLUB: The Public Works
Director presented the staff report dated April 1, 1992, which presented the
Traffic Commission's discussion and review of the interim measures to be
utilized in the mitigation of the current traffic concerns during the time the
Saturday and Sunday Night bingo operations sought an alternate site for their
operations. The Traffic Commission concurred that additional parking spaces
alone would not insure that bingo patrons would not park on the adjacent
residential streets and believed that a preferential parking permit program
would be needed on sections of the residential streets. The Commission
requested that staff survey the residents in this area to determine which
residents would like to be included in such a program. After the survey
results have been reviewed, the Traffic Commission will return to the City
Council with their recommendations regarding the preferential parking permit
program. Several of the residents in attendance stated that a timeline should
be set as to when the Saturday and Sunday night bingo operations have to be
relocated.
Mr. Gerald Elftman, 4161 Paseo de Oro, Cypress, President of Cypress High
School Band and Pageantry Boosters, advised when the bingo games began and
that the main group arrived between 4:00 p.m. and 6:00 p.m.
Councilmember Nicholson expressed the concern that perhaps the limited parking
restriction of no parking between 7:00 a.m. and 4:00 p.m. might need to be
moved forward to 3:00 p.m.
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CITY COUNCIL MINUTES April 13, 1992
Mr. Keith Carter, Traffic Engineer, responded to questions from Councilmembers
on no parking areas, the hours of restricted parking and the amount of parking
that will be made available.
Responding to Councilmember Nicholson, Mr. Elftman stated that the three bingo
groups had several meetings and he understood they would be meeting with the
residents when they had something to report.
Mr. Carter reported on some of the responses received from the Cypress Boys
and Girls Club neighbors on the proposed interim parking solutions.
Councilmember Age asked for a projected date that the bingo will be moved out
of the Boys and Girls Club.
Mr. Elftman responded that there have been several meetings between Band and
Athletic Boosters and Boys and Girls Club bingo operators and committee
activity for the investigation of sites. To date, the most promising location
appears to be the Lexington Junior High School multipurpose room.
After some discussion, Mr. Elftman enumerated the facility needs that should
be addressed at Lexington and speculated that, if everything goes well, they
would be relocated before school starts in September.
Councilmember Age asked who should pay for the striping and Mr. Elftman
replied that when the offer was made to pay for the striping originally, it
was with the intention it would be a long-term solution. He would have to
discuss payment for the striping with the Board of Directors of the Band
Boosters and he felt that they should bear some of the cost for this short-
term solution.
The Police Chief mentioned the possibility of inquiring about the multipurpose
room at St. Iraneaus.
Councilmember Bowman suggested the American Legion building and the
possibility of leasing for bingo operations from them. He stated there appear
to be several alternatives if use of the multipurpose room at Lexington Junior
High School doesn't materialize.
Mr. Donald Eldridge, 4931 Myra Avenue, Cypress, asked the Council to set a
deadline as to when the bingo operations have to be relocated. He requested
that the bingo operators be directed to provide a progress report in one month
rather than two.
Mrs. Eleanor Stein, 4991 Myra Avenue, Cypress, reported that there is a
problem with people parking in the red waiting for passengers. It is a safety
issue and needs to be vigorously enforced to provide a safe entry onto Moody
Street.
Mr. Tom Phelan, 4871 Myra Avenue, Cypress, stated that they have been working
on this problem for seven months, they have been to one meeting at the Boys
Club and have heard nothing further.
After some discussion by Council on the need for striping, Mr. Manfred Stein,
4991 Myra Avenue, Cypress, provided some figures on the number of cars parked
in the neighborhood on various bingo nights.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
approve the recommendations of the Traffic Commission as follows: 1) Change
existing "No Parking Anytime" area to a limited parking restriction
prohibiting parking between 7:00 a.m. - 4:00 p.m., Sundays excepted, on the
west side of Moody Street, beginning at a point fifty (50) feet south of
Marion Avenue, continuing to a point approximately four hundred (400) feet
south; 2) the installation of parallel parking stalls in the following areas:
(a) the limited parking areas on the east side of Moody Street between Myra
Avenue and Marion Avenue and the west side of Moody Street between Marion
Avenue and Cerritos Avenue; and (b) the south side of Myra Avenue between
Moody Street and Esther Circle; 3) the adoption of a resolution providing the
installation of "No Parking Anytime" areas on the south side of Myra Avenue,
ten (10) feet east and west of the driveway for the Boys and Girls Club, and
twenty (20) feet east of Esther Circle; 4) the cost of the installation of the
parallel parking stalls striping to be split among the three bingo operations;
and 5) set September 1, 1992 as the deadline for the bingo operations
9
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CITY COUNCIL MINUTES April 13, 1992
relocation. Councilmember Bowman requested that the deadline date be changed
to October 1, 1992 that the two bingo groups will be off the Boys Club
premises and Councilmembers Age and Nicholson concurred.
RESOLUTION N0. 4061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING ANYTIME" AREAS AT LOCATIONS ON THE SOUTH SIDE OF MYRA AVENUE
BETWEEN MOODY STREET AND ESTHER CIRCLE.
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 Kerry suggested that the unsafe condition caused by the loading
and unloading of passengers in the red zone be referred to the Traffic
Commission for citizen input.
Councilmember Nicholson asked for a progress report next month from the
Booster Clubs in locating an alternate site. Mr. Elftman commented that he
would be glad to make periodic progress reports to the Council, will be
pursuing the new ideas receiving at the meeting tonight and he will provide
those reports on a bimonthly basis.
Councilmember Age requested the City Manager write letters explaining the
Council's action to the respective organizations.
S~NTTNIIATTfIN OF CONSIDERATION OF DISCUSSION OF UPDATED SPEED SURVEY
INFORMATION FOR HOLDER STREET BETWEEN ORANGE AVENUE AND BALL ROAD: The Public
Works Director presented the staff report dated March 25, 1992, which provided
an update of the speed survey for Holder Street. Staff conducted a speed
survey last week for this section of Holder Street and compared it to two
other speed surveys conducted over the past seven years. In the most recent
speed survey, the average speed was calculated and it was determined to be
40.4 mph for both directions.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
receive and file the 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
cONTiNUATION OF PUBLIC SAFETY EMPLOYEES' ASSOCIATION MEMORANDUM OF
UNDERSTANDING AND SALARY RESOLUTION: The Personnel Director summarized the
staff report dated April 2, 1992, which indicated that the Memorandum of
Understanding between the Public Safety Employees' Association and the City of
Cypress had been signed and becomes effective December 23, 1992 to December
22, 1992. ,
It was moved by Councilmember Age and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, ratifying the Memorandum
of Understanding between the City and the Public Safety Employees'
Association.
RESOLUTION N0. 4062
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 SAFETY 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
10
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CITY COUNCIL MINUTES April 13, 1992
Councilmember Kerry congratulated the Personnel Director on his efforts in the
negotiations.
CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CULTURAL ARTS
COMMISSION: The City Manager explained that there were two items on the
Agenda regarding the Cultural Arts Commission: the appointment of Cultural
Arts Commissioners and the amended Ordinance.
Councilmember Bowman suggested that the appointments be made contingent on the
adoption of the amended Ordinance.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
appoint Bobbie Bloch, Alicia Kimble and Craig Harreld to the Cultural Arts
Commission. The two alternates would be Edward Kennedy and Michael Neipris,
Alternates 1 and 2, respectively. 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 INITIATION OF AMENDMENT TO SPECIFIC PLAN N0. 82-1, MCDONNELL
CENTER SPECIFIC PLAN FOR THE MCDONNELL PLAZA BUSINESS PARK PLANNED COMMUNITY:
Councilmember Bowman stated that he would absent himself from discussion on
this item. The Planning Director presented the staff report dated April 6,
1992, which represented a request of the City of Cypress from McDonnell
Douglas Realty to initiate an amendment to the subject specific plan. The
proposed project would allow for development of an additional 206,130 square
feet of mixed use development on the subject property located at the northwest
corner of Katella Avenue and Valley View Street.
Mr. Merle Pautsch, McDonnell Douglas Realty Company, 18881 Von Karman Avenue,
Suite 1200, Irvine, explained that the uses originally proposed for the
property that did not materialize were high traffic generators; therefore,
that allowed for additional office density and would still generate less
overall traffic.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
approve McDonnell Douglas Realty's request and initiate the planning process
for the proposed amendment to Specific Plan No. 82-1, McDonnell Center
Specific Plan for the McDonnell Plaza Business Park Planned Community. The
motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Bowman
After some discussion, the City Manager suggested the other property owners be
notified that the amendment is in process and of the next official action of
the City Council so they can call if they have concerns.
Councilmember Bowman announced that the reason he abstained was that he had
met with the Planning Director on a portion of this property for a customer
with a possible future financial interest.
CONSIDERATION OF CITY COUNCIL INTERPRETArrnN OF ZONING REQUIREMENTS FOR DRY
CLEANING BUSINESS: The Planning Director summarized the staff report dated
April 6, 1992, which responded to a request by the Council to distinguish
between those businesses with onsite dry cleaning equipment and those with
pickup/drop-off services only in requiring conditional use permits. Council
directed staff to initiate an amendment to the Zoning Ordinance to clarify
this requirement. Since the March 23, 1992 meeting, staff has received other
applications for dry cleaning businesses and to proceed with these
applications, staff requested clarification from Council on its intent of a
present interpretation of Code until the formal zoning ordinance amendment is
completed.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
determine that dry cleaning agency businesses with pickup/drop-off services
only be a permitted use in commercial zones. The motion unanimously carried
by the following roll call vote:
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CITY COUNCIL MINUTES April 13, 1992
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC MEETING PROCEDURES AND DISTRIBUTION OF INFORMATION TO
PARTICIPANTS FROM THE GENERAL PUBLIC: The Assistant City Manager presented
the staff report dated April 7, 1992, which described a procedure for oral
communciations or public hearings in regard to the requirement for stating
one's name and address prior to making remarks or giving testimony at City
Council meetings. The Team and the City Attorney agreed that it would be more
appropriate if a written form were developed for obtaining the address of
members of the public wishing to speak to the City Council.
Councilmember Age objected to the proposed written form as causing more
problems and asked if there have been any problems.
The City Attorney advised that Cypress has had no specific problem but there
is a city that is undergoing litigation by a party who gave her address during
a public hearing and, as a result, she was assaulted at a later time. Because
of the potential liability, a number of cities have proposed written
procedures and distribution of information to participants.
Councilmember Age felt that the procedure would inhibit citizens from speaking
on issues.
Councilmember Nicholson commented that the procedure was cumbersome and might
convey the idea that Council wanted to restrict speakers and she would rather
do without it.
The City Attorney stated that the form is not required and it is not mandatory
that the Council require it. However, the welcome format and the public
hearing procedures information are required by state law.
The City Manager advised that another reason for requesting the name and
address on the form is that it is sometimes difficult to understand a name
from the microphone and the other is the legal issue.
Mayor Partin did not foresee a problem with the request and there was the
possibility of a lawsuit as more and more Council meetings are cablecast.
Councilmember Bowman agreed, thought it was a good idea and it was moved and
seconded by Councilmember Kerry to 1) authorize the publication of the packet
meeting information for distribution at the City Council's public meetings;
and 2) adopt the policy of utilizing a written form for obtaining the address
of those individuals wishing to speak before the City Council. Councilmember
Kerry suggested the information packet be as brief as possible. The motion
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Partin
NOES: 1 COUNCILMEMBERS: Nicholson
ABSENT: 0 COUNCILMEMBERS: None
GON~IDERATION OF PORTABLE COMPUTER PURCHASE POLICY FOR CITYfDISTRICT
EMPLOYEES: The Assistant City Manager presented the staff report dated April
7, 1992, which was in response to Council direction to staff to investigate
extending the portable computer purchase policy to all City and District
employees. A preliminary survey of employees indicated that 28 employees had
some interest in the program. The TEAM recommended that the City Council
adopt a policy offering the purchase program to all City and District
employees and require hourly employees to sign the "Overtime Not Authorized"
statement. The staff would then proceed on an annual basis to offer a
portable computer purchase program to all employees, make the purchase on
their behalf and report the results of the program to the City Council.
Councilmember Kerry suggested that there be a limit on the number of computers
that will be purchased by the City at any one time.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt a policy offering the computer purchase program to all City and District
employees to a maximum of 50 computers. The motion unanimously carried by the
following roll call vote:
12
CITY COUNCIL MINUTES April 13, 1992
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AUTHORIZATION TO PURCHASE AND INSTALL A FULLY INTEGRATED,.
CITY-WIDE, PERSONAL COMPUTER NETWORK: The Finance Director presented the
staff report dated April 13, 1992, which discussed the history of the City's
office automation network and the current problem facing the City's personal
computer network is incompatibility with more commonly used IBM-compatible
personal computers and related software. The City also works with many
agencies which have pertinent City-related information on personal computers
and without City-owned personal computers, staff are denied access to this
information. The advantages and disadvantages of the two computer systems
were compared. The estimated cost is approximately $300,000 with a three and
one-half year payback. In addition, the City will experience soft cost
savings in staff time and approximately $35,000 per year on internally charged
office equipment rental. Staff's proposal is to utilize a portion of the
onetime revenue excess and thereby produce ongoing annual savings.
Councilmember Bowman stated that there is an all day budget workshop for the
Council in two weeks and wondered if this item could be continued and
discussed at that workshop. He also stated that he was uncomfortable making
this decision tonight not knowing the entire budget picture.
Mr. Don Casados, Data Processing Manager, volunteered to answer any questions
from Council. He advised that the present computer system is a very good
network, the problem is it is not IBM PC compatible and does not allow
applications that are compatible. The other issue is the fiscal health of
Prime Computer, Inc. is a concern and prompted staff to consider alternate
methods of computing.
After further discussion, Councilmember Age stated she also would be willing
to continue this item for discussion at the budget workshop and hearing no
objection, Mayor Partin so ordered.
CONSIDERATION OF PURCHASE OF GENERAL LIABILITY AND PROFESSIONAL
LIABILITYf ERRORS AND OMISSIONS INSURANCE FOR CONSTRUCTION MANAGEMENT FOR
SENIOR CITIZENS CENTER, PUBLIC WORKS PROJECT N0. 9033: The City Manager
requested that this item be removed from the Agenda and considered at a future
date.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
continue this item. 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 AMENDMENT THE COMPOSITION OF THE CULTURAL ARTS
COMMISSION: The staff report dated April 8, 1992 indicated that a draft
Ordinance had been prepared by the City Attorney's office amending the
composition of the Cultural Arts Commission from the present seven members to
nine members and two alternates.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the first reading of the Ordinance by title only, title as follows,
amending the composition of the Cultural Arts Commission.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING SECTIONS 2-29 AND 2-32 OF THE CYPRESS CITY CODE, RELATING TO
THE COMPOSITION AND TERMS OF OFFICE ON THE CULTURAL ARTS COMMISSION.
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
13
i ~ CITY COUNCIL MINUTES April 13, 1992
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS N0. 50014 -
50270: It was moved by Councilmember Bowman and seconded by Councilmember
Kerry to approve the Warrants No. 50014 through 50270 in the amount of
$723,765.13 subject to a memo from the Finance Director explaining the $2610
item on page 38, Project 9107. 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 Matters Not on the Agenda.
Councilmember Bowman mentioned the recurrence of the sports teams voting not
to play on Sundays and therefore not being able to play for the championships.
He was under the impression that the County was going to change that playoff
system and asked if it could be brought up at the League. of California Cities.
Councilmember Kerry requested a resolution be composed regarding playoff games
not be held on Sunday and sent to all cities in Orange County and
Councilmember Bowman concurred.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Partin adjourned the meeting at 10:30 p.m. to 8:00 a.m.
Saturday, April 25, 1992 at the Ramada Inn, Cypress.
~~~~~r~ ,
MAYOR OF THE CITY OF CYPRESS
ATTEST:
l
CITY LERK OF H CIT OF CYPRESS
14