Loading...
Minutes 92-04-27 ~Z '7 ~r MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 27, 1992 The Regular Meeting of the Cypress City Council was called to order at 5:39 p.m., Monday, April 27, 1992, in the Council Chamber, 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, Acting City Attorney John Cavanaugh and staff members Bacock, Barrett, Donovan, Eynon, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF RENEWAL OF CONTRACT FOR PUBLIC WORKS UNIFORM SUPPLY AND MAINTENANCE: The Public Works Director presented the staff report dated April 14, 1992, which requested the renewal of the purchase contract with Prudential Overall Supply to furnish and maintain Public Works uniforms. Prudential has offered to renew the contract for an additional two year period with no increase in price. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to authorize renewal of a purchase contract to supply and maintain uniforms and certain maintenance supplied to Prudential Overall Supply, 16901 Aston St., P.0. Box 11210, Santa Ana, CA 92711, for a two (2) year period ending April 30, 1994. 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 Responding to Mayor Partin, the Public Works Director will review the possibility of a uniform color change for approximately 16 to 20 personnel. 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 Nicholson requested Item 21 be removed; Councilmember Bowman requested Items 11, 14, 15 and 20 be removed and Mayor Partin requested Item 13 be discussed. It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the Consent Calendar Items 2 through 21, with the exception of Items 11, 13, 14, 15, 20 and 21. 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. 2: Consideration of Approval of City Council Minutes of April 6, 1992 and April 13, 1992. Recommendation: That the City Council approve the Minutes of April 6, 1992 and April 13, 1992, as submitted. Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 4: Consideration of Proclaiming May 1992, as "Older Americans Month". 7 ' v a V ~ f CITY COUNCIL MINUTES April 27, 1992 Recommendation: That the Mayor and City Council officially proclaim May 1992, as "Older Americans Month" in the City of Cypress. Item No. 5: Consideration of Proclaiming May 2-10, 1992, as "American Home Week". Recommendation: That the Mayor and City Council officially proclaim May 2-10, 1992, as "American Home Week" in the City of Cypress. Item No. 6: Consideration of Change Order No. 3 to the Asbestos Removal at the Senior Citizens Center Contract, Project No. 9112. Recommendation: Receive and file. .Item No. 7: Consideration of Claim Filed by Antonio Ullmann. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 8: Consideration of Request From the Cypress Twirlers for Permission to Use the City Council Chamber Plaza Area for Square Dancing on June 27, 1992, July 25, 1992, and August 22, 1992. Recommendation: That the City Council approve the request of the Cypress Twirlers Square Dance Club for use of the City Council Chamber plaza area on June 27, 1992, July 25, 1992, and August 22, 1992, from 7 p.m. {7:30 p.m. on June 27, 1992 only) to 11:30 p.m., subject to the condition that the organization be required to pay for any additional costs incurred in providing maintenance and utility services. Item No. 9: Consideration of Proclaiming May 2, 1992, as "Loyalty Day". Recommendation: That the Mayor and City Council officially proclaim May 2, 1992, as "Loyalty Day" in the City of Cypress. Item No. 10: Consideration of Scheduling a Public Hearing to Consider Copley/Colony Cablevision's Request to Provide Two (2) "Pay-Per-View" Services to Cable Subscribers in the City of Cypress. Recommendation: That the City Council schedule a public hearing on May 11, 1992, at 7:30 p.m., to consider Copley/Colony Cablevision's request to provide two (2) "Pay-Per-View" services to cable subscribers in the City. item No. 12: Consideration of Application for 1992/93 SB 821 Funds for Future Bicycle and Pedestrian Facilities, Public Works Project No. 9212. Recommendation: That the City Council adopt the Resolution by title only, title as follows, authorizing application to the Orange County Transportation Authority for all funds available to the City of Cypress for bikeway and pedestrian facilities. RESOLUTION N0. 4063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN. Item No. 16: Consideration of Approval of 17th Year Community Development Block Grant (CDBG) Contract Regarding Rehabilitation of Private Properties. Recommendation:. That the City Council approve Contract Number C41013 and authorize the Mayor to execute the agreement on behalf of the City Council of the City of Cypress. Item No. 17: Consideration of Approval of 17th Year Community Development Block Grant (CDBG) Contract for Public Improvements on Watson and DeLong Streets. Recommendation: That the City Council approve Contact Number C41014 and authorize the Mayor to execute the agreement on behalf of the City Council of the City of Cypress. 2 i~ /~3 CITY COUNCIL MINUTES April 27, 1992 Item No. 18: Consideration of Approval of 17th Year Community Development Block Grant (CDBG) Contract Regarding Reconstruction of the Cypress Senior Citizens Center. Recommendation: That the City Council approve Contract Number C41015 and authorize the Mayor to execute the agreement on behalf of the City Council of the City of Cypress. Recreation & Park District Matters: Item No. 19: Consideration of Acceptance of Asbestos Abatement at Cypress Senior Citizens Center/Cypress Elementary School, Public Works Project No. 9112. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Accept the work of Abatement of Asbestos in the Cypress Senior Center/Cypress Elementary School, Public Works Project No. 9112, as being satisfactorily completed; 2) Approve final payment to Pomona Valley Equipment Rentals, Inc., 2300 Pomona Blvd., Pomona, CA 91768; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of one year's guarantee upon the Director of .Public Works' concurrence. END OF CONSENT CALENDAR Regarding Item 11, Consideration of the Single Audit Report for the Fiscal Year Ended June 30, 1991, Councilmember Bowman stated that, in the audit, a separate letter on recommendations was mentioned. The Finance Director stated that the Council had received a copy of that letter approximately one month ago and he will provide the Council with another copy. It was moved by Councilmember Bowman and seconded by Councilmember Age to receive and file. 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 With regard to Item 13, Consideration of Modification of Cypress Corporate Center Landscape Maintenance District No. 1 for the Landscaped Berm on the North Side of the Stanton Channel, City of Cypress Project No. 8615-90, Mayor Partin reported a communication was received regarding the unsightliness of that berm. The Public Works Director replied that the City staff is currently working to clean up the berm. It was moved by Mayor Partin and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, ordering the City Engineer to prepare a report concerning modification of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. RESOLUTION N0. 4064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ORDERING THE PREPARATION OF A REPORT IN CONNECTION WITH THE MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1. 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 14, Consideration of City's Positions on Pending State Legislation, Councilmember Bowman questioned the necessity of extending the deadline of AB 939. The Assistant City Manager responded that the requirements of AB 939 need planning documents to be filed and the rules for compiling those documents were delayed and because the City didn't have all of the specifics required, they were unable to meet those deadlines. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to: 1) 3 t 19 CITY COUNCIL MINUTES April 27, 1992 Go on record in opposition of AB 3213, AB 3476/SB 1538, SB 1711 and SB 1501, and in support of SB 1668, AB 3251 and AB 2950; and 2) Authorize the Mayor to send letters to the appropriate State officials indicating the City's position on these issues. 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 Regarding Item No. 15, Consideration of Allowing City Staff to Explore the Liquidation of Assets of the City of Cypress Single Family Mortgage Revenue Bonds and Employ Consultants on a Contingency Basis, Councilmember Bowman asked for clarification on this item. The Finance Director explained that there is some residual value the City has in this bond and the City and the consultants are looking at various options the City can employ to realize additional monies. It was moved by Councilmember Bowman and seconded by Mayor Partin to allow City staff to explore the liquidation and defeasance of the City of Cypress Single Family Mortgage Revenue Bonds and employ, on a contingency basis, the firms of Whipple, Kinsell & Co. as placement agent and Chapman and Cutler as legal counsel on the liquidation. 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. 20, Consideration of Amendment to Agreement for Air Monitoring for Asbestos Abatement at the Cypress Senior Citizens Center/Cypress Elementary School, Public Works Project No. 9112, Amendment No. 1, Councilmember Bowman asked if the project had been completed. The Public Works Director responded that the project had been completed, the additional monies were for the consultant for air monitoring and project management services because the contractor ran over the projected completion date. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson that, the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve Amendment No. 1 to the Agreement with Hillmann Environmental of California, Inc., 4310 Long Beach Blvd., Suite 10, Long Beach, CA 90807, for Public Works Project No. 9112, for air monitoring services and project management services, in the amount of $12,880.06. 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 Regarding Item No. 21, Consideration of Acceptance of Installation of Security Light at Pinewood Park, Public Works Project No. 9039, and in response to Councilmember Nicholson, the Public Works Director answered that this was for the installation of the second of the three lights at Pinewood Park. It was moved by Councilmember Nicholson and seconded by Councilmember Age that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Accept the work of Installation of Security Light at Pinewood Park, Public Works Project No. 9039, as being satisfactorily completed; 2) Approve final payment to National Electrical Contractors, Inc., 5461 Tampa Avenue, Tarzana, CA 91356; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of one year's guarantee upon the Director of Public Works' concurrence. 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 Reading) & RESOLUTIONS: Mayor Partin asked for clarification on the term of office for Cultural Arts Commissioners and, after some discussion, the City Attorney provided an explanation and will provide various examples of term lengths. It was moved by Mayor Partin and seconded by Councilmember Age to order the following 4 ~ CITY COUNCIL MINUTES April 27, 1992 Ordinance read by title only, title as follows and to adopt the Ordinance amending the composition and terms of office on the Cultural Arts Commission. ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 2-29 AND 2-32 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 CLOSED SESSION: Mayor Partin recessed the meeting at 5:55 p.m. to enable the Council to enter into closed session for matters of personnel and litigation. The meeting reconvened at 7:34 p.m. with all Councilmembers present. Also present were staff members Essex, Cavanaugh, Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Nicholson. The Honorable Rabbi Irwin Brandwein gave the Invocation in Remembrance of the Victims of the Holocaust. CprPmony in Remembrance of the Victims of the Holocaust - Mr. Alvin Weinberg: Mr. Alvin Weinberg led the annual commemorative service to observe the Days of Remembrance of the Victims of the Holocaust during World War II. Mr. Weinberg stated that the U.S. Holocaust Memorial Council was created in 1980 by a unanimous vote of Congress and was mandated to provide ways for nations to commemorate the Days of Remembrance as an annual commemoration of the Holocaust and oversee the construction of the memorial museum to the Holocaust victims. Mr. Weinberg read a speech written by President Bush on the survivors of the Holocaust. Those members of the Community participating in a candle lighting ceremony in memory of those that lost their lives in the Holocaust were: Mr. and Mrs. Lawrence Bloch, Mr. and Mrs. Steve Mencher, Mr. and Mrs. Al Tolkin, Mr. Morris Spatz, Mr. Mitchell Lee, Mr. Hal Snider and Mrs. Claire Weinberg. Mayor Partin presented a Proclamation from the City Council declaring the week of April 26 through May 3, 1992 as the Days of Remembrance of the Victims of the Holocaust. PRESENTATIONS: Mayor Partin presented a Certificate of Appointment to newly appointed Cultural Arts Commissioner Barbara M. Bloch. Founding President Bobbie Bloch and current President Al Tolkin of the Friends of Cypress Cultural Arts received the 1992 California Parks and Recreation Society, District X Volunteer Recognition Award from Mayor Partin. Mayor Partin presented the Fire Service Recognition Proclamation to Battalion Chief Mike McCoy. Chief McCoy thanked the City of Cypress, informed the Community that Saturday, May 9, is Fire Service Recognition Day and there will be open house at all fire stations. He also presented the City with a poster of collages of fire services depicting their history. Chief McCoy introduced paid call firefighter Captain Harry Gardikas and presented a proclamation from the Fire Chief as 1992 Outstanding Volunteer Firefighter. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that his daughter was stopped by the Cypress Police, and because she didn't have her I.D. with her, she was handcuffed. When he complained to the Police Department they told him that this was standard procedure. He believed the Cypress Police Department has gotten totally out of hand. Mayor Partin requested that Chief Wicker provide the Council with information on this matter. 5 ~-.>,i~; 2~ CITY COUNCIL MINUTES April 27, 1992 Mr. Mel Sords, 5091 Alaska Avenue, Cypress, explained that Alaska Avenue deadends into Tara Village and kids from that complex come over the wall and terrorize the neighborhood. He asked the City Council to make the fencing higher and/or eliminate the barrier so they can't get over the fence. Mr. Peter Brynd, Executive Director Cypress Chamber of Commerce, told of Mayor Partin winning the challenge harness race against Andy Lachina. He also mentioned the April 29 Miss Cypress/Miss Teen Cypress Sponsor Recognition Reception to be held at Reuben's and he invited the Council to attend. Regarding the Pageant, the candidates will be competing for the honor of Miss Cypress and Miss Teen Cypress on May 17 at the Anaheim Marriott. On Saturday May 30, the Cypress Chamber of Commerce will hold their first annual Board of Plenty retreat at the Ramada Inn, Cypress. Councilmember Kerry reported on the "Loyalty Day" ceremonies that will be held in Veterans Park on May 2, 1992 starting at 11:00 a.m. The VFW and the City of Cypress are cosponsoring the program and the VFW will be giving away free hot dogs, punch, popcorn and chips if you bring an American flag. Councilmember Bowman announced that on April 28 at the LDS Church on Orange, the Holy Cross Lutheran Church choir will perform at 7:30 p.m. Mayor Partin mentioned the "Cypress Celebrates the Arts and You in '92" Calendar of Events during the week of April 24 through May 1. ORAL COMMUNCIATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. The City Manager summarized the actions taken by the Council during the 5:30 p.m. portion of the meeting. The City Attorney reviewed discussions held during the Closed Session on the following matters: confirmation of the settlement of Cal-Science Engineering vs. City of Cypress, possible litigation and two personnel matters. The City Manager reported on the Adjourned Meeting held Saturday, April 25, 1992 starting at 8:00 a.m. and ending at approximately 4:00 p.m. where the 1992-93 budget was reviewed in a preliminary manner without finalization. Council did review some of the budget cuts and revenue assumptions that were being made. Each department head reviewed their departmental requests, explained their staff needs and service levels that they are now providing, and received Council response. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MS ANGELA M. CESARIO, D.B.A. DOMINIC'S PIZZA & ITALIAN RESTAURANT, 5491 BALL B~Q, CYPRESS: Mayor Partin opened the public hearing. The City Manager presented the staff report dated April 21, 1992, which represented a request to allow door-to-door solicitation for the sale of coupon books in the City of Cypress by Ms. Angela M. Cesario, D,B,A. Dominic's Pizza & Italian Restaurant, 5491 Ball Road, Cypress. The Affidavits of Publication and Posting of the Public Hearing Notice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor or in opposition to this Special Permit application. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducting a Public hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. In the past, door-to-door solicitation permits have been approved with the condition that the solicitation be limited to Monday through Saturday, from 9:00 a.m. - 6 p.m. (daylight. hours only). Ms. Angela Cesario, Uominic's Pizza & Italian Restaurant, 5491 Ball Road, Cypress, stated she would like to continue the door-to-door sale of coupon books Mayor Partin asked if anyone wished to speak in support of or opposition to the application. No one did so. 6 f ~ Z ~ CITY COUNCIL MINUTES April 27, 1992 It was moved by Councilmember Age and seconded by Councilmember Kerry to close the public hearing and approve the application for door-to-door solicitation for the sale of coupon books with the condition that the solicitation be limited to Monday through Saturday, from 9:00 a.m. - 6:00 p.m. (daylight hours only). 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 PUBLIC HEARING RE• AMENDMENT TO CONDITIONAL USE PERMIT N0. 81-13, PRESCHOOL/DAY CARE AT MORRIS ELEMENTARY SCHOOL, 9952 GRAHAM STREET: The public hearing was opened by Mayor Partin. The Planning Director presented the staff report dated April 15, 1992, which represented a request by the Cypress School District to amend Conditional Use Permit No. 81-13 for the relocation of the existing preschool/day care center at the Juliet Morris Elementary School site located at 9952 Graham Street. In accordance with the California Environmental Quality Act, a statement of Categorical Exemption has been filed for this project. Juliet Morris Elementary School currently operates a preschool/day care facility under Conditional Use Permit No. 81-13. At this time, the School District is applying for an amendment to the permit in order to allow the relocation of the existing preschool/day care into the newly constructed buildings located on the school site. The preschool/day care center will continue to provide necessary child care services for the Cypress community. Ms. Shelby Williamson, Child Care Coordinator for the School District, offered to answer any questions from the Council. The majority of the preschool and extended day care centers will be leased to private enterprises, with some Orange County and Cypress Recreation and Park programs. Mr. William Calton, Superintendent of the Cypress School District, advised that the new buildings were a result of an agreement with the Cypress City Council and Redevelopment Agency and the School District. There will be dedication ceremonies and open house and there are five more buildings planned at other Cypress elementary schools for child care only. Mayor Partin asked if anyone wished to speak for or against this application. No one did so. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and approve Amendment to Conditional Use Permit No. 81-13, including the waiving of fees, subject to conditions. 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 PUBLIC HEARING RE• AMENDMENT TO CONDITIONAL USE PERMIT N0. 88-16, PRESCHOOL/DAY CARE AT CAWTHON ELEMENTARY SCHOOL 4545 MYRA AVENUE: Mayor Partin opened the public hearing and the Planning Director summarized the staff report dated April 15, 1992 which represented a request by the Cypress School District to amend Conditional Use Permit No. 88-16 for the continued operation of a preschool/day care center at the Cawthon Elementary School site located at 4545 Myra Avenue. In accordance with the California Environmental Quality Act, a Statement of Categorical Exemption has been filed for this project. The Cypress School District is proposing the relocation of their existing preschool/day care center into the new buildings located on the Cawthon Elementary School site. The proposal is for the use of one existing classroom, two new classrooms and an office area in the new facility at Cawthon School to begin operations in July of 1992. Mayor Partin asked if anyone wished to speak in favor of or against this application. No one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing and approve Amendment to Conditional Use Permit No. 88-16, including the waiving of fees, subject to conditions. The motion unanimously carried by the following roll call vote: 7 G .7 CITY COUNCIL MINUTES April 27, 1992 AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Kerry commented that perhaps the School District could be encouraged to provide some enrollment priority for Cypress residents and people working in Cypress. CONSIDERATION OF PUBLIC HEARING RE• AMENDMENT TO CONDITIONA USE PERMIT NO 91-16, KEEPING OF 100 RACING/HOMING PIGEONS, 6876 MOLOKAI DRIVE: The public hearing was opened by the Mayor. The Planning Director presented the staff report dated April 15, 1992, which represented a request to amend Conditional Use Permit No. 91-16 to allow a maximum of 100 racing/homing pigeons on property located at 6876 Molokai Drive. In accordance with the requirements of the California Environmental Quality Act, a statement of Negative Declaration has been filed for this project. Notices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject residence. To date, staff has received no objections on this application. Responding to Mayor Partin, the Planning Director read Condition No. 10 aloud, which referred to membership in generally recognized pigeon racing organizations. Mr. David Nagle, 6876 Molokai Drive, Cypress, volunteered to answer any questions from Council and agreed to all the conditions. The Mayor asked if anyone in the audience wished to speak for or against the application. No one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve amendment to Conditional Use Permit No. 91-16 subject to conditions. Councilmember Bowman commented that he would not support the motion which will be consistent with the fact that he was not in favor of changing the Ordinance from 30 to 100 birds. He stated this use was not conducive to a single family residential area. Mayor Partin voiced his reservations about this use in residential areas, but the pigeons do exist in the City, we have an Ordinance to control them and he will support the motion. Councilmember Kerry stated that the racing pigeons are a form of recreation and enjoyment for the people who do have them and will support the motion. Councilmember Age stated that the City staff had checked with other cities who do have ordinances of this nature and she will also support the motion. 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 mentioned the City of Hope Race brought in over $18,000 in one race, but the most important event was the blood drive. CONSIDERATION OF PUBLIC HEARING RE• AMENDM NT TO CONDITIONA USE PERMIT NO 91-2, INCREASE HEIGHT OF 15 CONDOMINIUM UNITS, 5409-5433 CAMP STREET: The Mayor opened the public hearing. The City Manager called upon the Planning Director to review the staff report dated April 22, 1992, which represented a request to increase the height of 15 previously approved condominium units and revise the elevation accordingly. The subject property is located at 5409 through 5433 Camp Street. Due to the high groundwater level in many areas of Cypress, the applicant cannot complete the subterranean level at four feet (4') below the natural grade. Therefore, the applicant is requesting an amendment to the existing conditional use permit in order to allow the subterranean level to be raised three feet. Notices of this public hearing were posted, published and mailed to the property owners within a 300-foot radius of the subject property. To date, staff has received one phone call from an owner of a property located on the southeast corner of Watson and Camp Streets. The citizen expressed his opposition to the proposed project due to the difference between the project height and the height of the existing surrounding development. Although this request is an individual case, this issue is of concern area-wide due to the high water table in Cypress. Because these neighborhoods within the residential multiple-family zones are in a 8 4 CITY COUNCIL MINUTES April 27, 1992 state of transition from existing single-story development to new two- and three-story development, temporary visual impacts are created. Staff is looking for direction from the City Council as to the type and scale of the neighborhood that is envisioned in this area in transition. Assistant Planner Kori Palmer explained the project, the building design and answered questions from Council. Mr. Lonnie Languis, 4 Cypress Tree, Irvine, designer of the project, volunteered to answer questions from Council. The reason for this request was at two and one-half to three feet, they hit extremely moist soil and were unable to excavate beyond that point. He also explained the height of the finished project and the grade level. After discussion on landscaping, fencing and window shielding, Mayor Partin asked if there was anyone who wished to speak in support of or in opposition to the permit amendment. No one spoke. It was moved by Councilmember Bowman to close the public hearing. He commented that he didn't see a problem with this development, it is something the community needs and would support the approval of the amendment to Conditional Use Permit No. 91-2, subject to the condition that the applicant shall comply with all applicable conditions of Conditional Use Permit No. 91- 2. The motion was seconded by Councilmember Nicholson. Councilmember Kerry expressed her concerns about the tunnel effect, windows and entries overlooking adjacent properties, facade changes and landscaping and she would like Council to give direction to staff on how this can be dealt with in design review. Councilmember Age concurred, in that a precedent is being set for that transitional area and she would like to have a study on the effects of this project in the neighborhood. The Planning Director advised that the relationship of this project to adjacent properties has not been reviewed in detail nor discussed with the applicant. Councilmember Kerry stated that most of her concerns would be considered in design review but she is still concerned about the landscaping. After additional discussion on landscaping conditions, the Acting City Attorney advised that if the Council collectively has a concern with screening between residential-residential, he suggested that a current condition on the permit be amended or a new condition added which addresses the concerns of the Council as to screening. The applicant, Kerry Henard, 5502 Roundup Road, Norco, stated that if he is required to provide landscaping, he would do that but he didn't think it would be necessary with the building angle and the six foot fence. Councilmember Bowman advised that the consensus of the Council is that there be design review and they would like to impose a condition for landscaping. Mayor Partin remarked that a condition be added to the effect that landscaping which will provide screening for line of sight be included on the rear and the side of the project subject to staff review. The applicant agreed to the added condition. The City Manager requested that the condition read that the landscape review be approved by the Council and, hearing no objection, Mayor Partin added the condition to provide landscape visual screening where necessary around the affected areas of the project subject to approval by the Council. The Planning Director asked when the landscape plan submittal and review would be before Council for their approval. After some discussion, the Acting City Attorney suggested and concurred with the Planning Director that the new condition be imposed prior to pulling building permits for two reasons: it will give the Council adequate opportunity to review what the applicant is going to propose in accordance with the direction Council wants and it will give the City a lot more leverage to make sure that condition is satisfied. Mr. Henard commented that imposing the condition prior to pulling building permits would delay his project. 9 . 25 CITY COUNCIL MINUTES April 27, 1992 Councilmember Bowman added the condition to his motion and Councilmember Nicholson concurred. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None Councilmember Age explained that this project has been before Council three times and she has consistently voted no. She asked if a study could be conducted on what this is going to do in the future and what the repercussions will be. Councilmember Kerry suggested that Council provide staff with some design review ideas for various projects. She named tunnel vision effects, windows looking toward the property line, landscaping to screen adjacent properties and the effects of architectural articulation. After additional input from the architect and the applicant, Councilmember Nicholson felt that additional discussion was needed about the effect of this project on the area and other transitional areas in the City. The Planning Director suggested the first step be a slide presentation of different areas that have done three story buildings for Council review and subsequent direction. CONTINUATION OF CONSIDERATION OF AUTHORIZATION TO PURCHASE AND INSTALL A FU IY INTEGRATED, CITY-WIDE, PERSONAL COMPUTER NETwnRK: Mayor Partin advised that this item was discussed in depth at the April 25 Budget Workshop. The Finance Director volunteered to answer any further questions Council might have. It was moved by Councilmember Age and seconded by Councilmember Kerry to approve: 1) the purchase and installation of fully integrated, City-wide, personal computer network; and 2) an operating transfer from the Unreserved General Fund Balance to the Central Services Fund in the amount of $300,000 and appropriate as follows: $115,000 in account 4187-90-605-04, $32,000 in account 4104-90-605-04 and $153,000 in account 4304-90-657-36 for the purchase and installation of a PC network. 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 ~FTFRMTN TION R QUEST, KEEPING OF FALCONS IN RESIDENTIAL ZONES, 5184 MELBOURNE DRIVE: The Planning Director summarized the staff report dated April 17, 1992, which represented a request for a zoning determination regarding whether or not a conditional use permit is required for the keeping of falcons in residential zones. A zoning determination includes only an interpretation of the City of Cypress Zoning Ordinance and, thus, is not considered to be a project according to the requirements of the California Environmental Quality Act. The applicants do not consider falcons wild, exotic, or nondomesticated and, therefore, do not feel a conditional use permit should be required for the keeping of falcons at their residence. The fact that a related noise complaint was received regarding the existing falcons located at the subject property supports the need for regulation of the keeping of falcons through the conditional use process. This type of use, if inappropriately operated, has the potential to disturb the character of a residential neighborhood. Mayor Partin suggested that a public hearing date be set for this item, if so desired. Mr. Scott Driscol, 5184 Melbourne Drive, Cypress, cited some sections from the California Code of Regulations and stated that his birds were considered domestic under federal and state statutes. After some discussion, the Acting City Attorney advised that in order to make a more thorough interpretation of the law, he needed to research some of the sections the applicant has cited. The question is are falcons wild or are they undomesticated or are they exotic. If Council finds the birds are one of the three, then a conditional use permit is required. Councilmember Bowman suggested that this item be continued to allow the City Attorney time to perform the research. 10 z ~ 20 CITY COUNCIL MINUTES April 27, 1992 After some discussion, it was moved by Councilmember Nicholson and seconded by Councilmember Bowman to continue this item to May 11, 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 TOUR OF THE PORTLAND OREGON TRI-MET LIGHT RAIL SYSTEM: Mayor Partin had asked that this item be placed on the Agenda solely for the purpose of information gathering on a light rail system. Councilmember Age stated she will be on a business trip in Portland around the second week in May and she would make arrangements to visit the Portland Tri- Met Light Rail System. Hearing no objection, Mayor Partin appointed Councilmember Age to schedule a one-half day visit with the Portland System representatives. Mayor Partin mentioned the possibility of the Public Works Director attending the April 30 visit to Portland and it was the consensus of the Council that would be premature. 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 rnticTn~RnTrnN OF RENEWAL OF THE OXFORD LEASE AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE ANAHEIM UNION HIGH SCHOOL DISTRICT: The City Manager reviewed the staff report dated April 22, 1992, which indicated that a copy of the renewal of the Oxford lease agreement, which was approved by the Anaheim Union High School District's Board of Trustees, was received. The lease agreement provides for a one year extension of the lease term from July 1, 1992 through June 30, 1993, with no change in the remaining portion of the existing lease agreement. Councilmember Kerry referred to the Anaheim Union High School District's facilities study which indicated that the District has not used Oxford for ten years and would not need any facility in this end of the district for the next ten years. She expressed concern with the District arbitrarily giving the City a one year lease. The ,present lessee advised the District that they would like to have a five year lease with a five year option. She requested justification be obtained from the District as to why a one year and not a five year lease. Councilmember Age agreed, but felt that negotiations should have taken place some time ago. Councilmember Nicholson concurred and suggested the City go on record with the District that they're not happy with the one year and want the five year lease with the five year option. Councilmember Bowman commented that the City could ask and he suggested the request be in writing. After further discussion, the City Manager received direction from the individual Councilmembers as to the items they wished the District to address. It was moved by Councilmember Kerry and seconded by Councilmember Age to direct the City Manager to write a letter to the Anaheim Union High School District Board of Trustees incorporating the requests the Council wished addressed by that Board. 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 AMENDMENT TO PERSONNEL RULES & REGULATIONS - NEW EMPLOYEE CATEGORY - HOURLY PERS EMPLOYEE: The Personnel Director presented the staff report dated April 22, 1992, which requested the establishment of anew hourly PERS employee and also updates the Personnel Rules and Regulations. The new category will allow an employee to work more than 1,000 hours in the fiscal 11 i-~j`~ ~7 CITY COUNCIL MINUTES April 27, 1992 year thereby allowing a department to have more flexibility in administering their programs. It also provides for a minimum retirement benefit to the employee at a reasonable cost and complies with PERS law. It was moved by Councilmember Bowman and seconded by Councilmember Kerry that the City Council, and acting as ex-officio Board of Directors of the Cypress Recreation and Park District, move to adopt the Resolution by title only, title as follows, amending Chapter 4, Section 4.11 of the City and District Personnel Rules and Regulations, effective April 27, 1992. RESOLUTION N0. 4065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION N0. 1635, RULES AND REGULATIONS, CHAPTER 4, SECTION 4.11, CONCERNING TYPES OF APPOINTMENTS FOR EMPLOYEES OF THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT. 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 rnnicTnronTTnti OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS N0. 50271_ - 50600: It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the Commercial Warrants No. 50271 through 5066 in the amount of $599,546.36. 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. No one spoke. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting at 10:25 p.m. to 4:30, Monday, May 11, 1992 in the Administrative Conference Room for a Growth Management Workshop. ~ MAYOR OF THE CITY OF CYPRESS ATTEST: r CITY LERK THE C Y OF CYPRESS 12