Minutes 92-05-26
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 26, 1992
The Regular Meeting of the Cypress City Council was called to order at 5:40
p.m., Monday, May 26, 1992, in the Council Chamber, 5275 Orange Avenue, Mayor
Richard Partin presiding.
PRESENT: Councilmembers Age, Bowman, Nicholson and Partin
ABSENT: Councilmember Kerry
Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney
John Cavanaugh and staff members Bacock, Barrett, Donovan, Eynon and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda.
Mayor Partin asked how much longer the Fire Services Task Force will be
meeting. Personnel Director Bacock responded that their goal is to finish at
the meeting on May 27, but it does depend on the Task Force members.
CONSIDERATION OF AWARD OF CONTRA T FOR THE PARKIN CITATION MANAGEMENT
PROGRAM: The Police Chief summarized the staff report dated May 11, 1992,
which indicated that the Police Department would like to renew its contract
with West-Computil Corporation for the processing of parking citations. The
processing cost per citation is $1.15 per unit, which remains the same as the
1991/1992 fiscal year rate.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve a contract for the parking citation management program with West-
Computil Corporation, 18700 Beach Blvd., Suite 110, Huntington Beach,
California 92648, for the period July 1, 1992, through June 30, 1992. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kerry
CONSIDERATION OF AWARD OF CONTRA T FOR LAW ENFORC MENT TE vr~TnN N TWORK:
The staff report dated May 11, 1992 was presented by Police Chief Wicker and
described the utilization of the Texas-based Law Enforcement Television
Network (L.E.T.N.) which provided critically needed news and information in a
format especially suited to the needs of modern law enforcement.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
award a contract to Law Enforcement Television Network, 1303 Marsh Lane,
Carrolton, Texas 75006 for a period from July 1, 1992 to June 30, 1993 for
L.E.T.N. broadcasts at a cost of $5,856.00. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kerry
CONSIDERATION OF AWARD OF CONTRACT FOR ALARM ORD NANCE ADMINISTRATION: Chief
Wicker reviewed the staff report dated May 11, 1992, which described the alarm
ordinance and the administration of the ordinance on a contract basis. City.
Permit Systems contract expires on June 30, 1992 and have agreed to administer
the alarm ordinance for 40% of the fee for each alarm permit and 40% for false
alarm fees collected up to $50,000 on an annual basis.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
authorize a one year renewal of the existing contract for alarm ordinance
administration to City Permit Systems, 31921 Camino Capistrano, San Juan
Capistrano, CA 92675, effective July 1, 1992. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kerry
City Council Minutes May 26, 1992
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 Bowman requested that Item 18, Consideration of Adoption of
Various Building Codes and Certain Amendments Thereto, be removed from the
Consent Calendar.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the Consent Calendar, Items No. 4 through 18 with the exception of
Item No. 18. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Kerry
Item No. 4: Consideration of Approval of City Council Minutes of the Regular
Meeting of May 11, 1992.
Recommendation: That the City Council approve the Minutes of May 11, 1992, 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 an Application for Alcoholic Beverage License
Transfer Filed by Kee Sup Lee, for the Former Stop N Go Site, 4461 Cerritos
Avenue, Cypress.
Recommendation: Receive and file.
Item No. 7: Consideration of Design Review Committee's Approval of DRC #92-
16.
Recommendation: Receive and file.
Item No. 8: Consideration of Claim Filed by J. Barry Moses, Attorney, On
Behalf of Yvonne Moreno, Thomas Masterson and Mike Moreno.
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. 9: Consideration of Monthly Investment Program for the Month of
April 1992.
Recommendation: Receive and file.
Item No. 10: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Ishkhan Khachadoor & Sonia Devork Sahagian, D.B.A. I & S
Mini Market, 5012 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 11: Consideration of Claim For Indemnity Filed by the City of
Anaheim, Relating to the Guillermo Perez Claim.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item No. 12: Consideration of Contract Change Order No. 1 to the Street
Rehabilitation and Heater Remix Contract, Project No. 9207.
ecommendation: Receive and file.
Item No. 13: Consideration of Contract Change Orders No. 1 and 2 to the
Construction of the Cypress Senior Citizens Center, Project No. 9033.
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Recommendation: Receive and file.
Item No. 14: Consideration of Adoption of Resolution Commending Lauren Comeau
on Attaining the Girl Scout Silver Award.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Lauren Comeau on attaining the Girl Scout Silver
Award.
RESOLUTION N0. 4074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
LAUREN COMEAU ON ATTAINING THE GIRL SCOUT SILVER AWARD.
Item No. 15: Consideration of Acceptance of the Removal of Street Trees in
Various Locations Contract, Public Works Project No. 9018.
Recommendation: That the City Council: 1) Accept the work for the Removal of
Street Trees in Various Locations Contract, Public Works Project No. 9018, as
being satisfactorily completed; 2) Approve final payment to West Coast
Arborists, 7072 Thomas Street, Buena Park, CA 90621; 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.
Item No. 16: Consideration of Acceptance of Sidewalk, Curb and Gutter Repair
on Various Streets Contract, Public Works Project No. 9125.
Recommendation: That the City Council: 1) Accept the work for the
Construction of Sidewalk, Curb and Gutter Repair on Various Streets Contract,
Public Works Project No. 9125, as being satisfactorily completed; 2) Approve
final payment to G.M.G. Construction, 5601 Shady Glen Place, Yorba Linda, CA
92686; 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.
Item No. 17: Consideration of Renewal of Professional Photographic Services
Contract.
Recommendation: That the City Council authorize staff to renew the contract
for professional photography services with Mr. Edward H. Spurgeon of Cypress
Photo Art, 6179-B Ball Road, Cypress, CA 90630, for the period of March 1,
1992 through February 28, 1993, with no change to the existing contract rates.
END OF CONSENT CALENDAR
COUNCILMEMBER KERRY ARRIVED AT 5:50 P.M.
Regarding Item No. 18, Consideration of Adoption of Various Building Codes and
Certain Amendments Thereto, Councilmember Bowman asked for clarification on
swimming pool enclosures.
The City Manager suggested that 18(b) of the recommendation be deleted at the
Fire Department's request. The Building Official advised that the City would
have to adopt a Special Ordinance to require four-sided fencing and they are
still using the house as the fourth side of the enclosure. Councilmember
Bowman referred to Page 3, paragraph 5, Section 1210(a)7, the last sentence
reads, "The owner shall be responsible for annually testing all required smoke
detectors" and advised that he has a problem with that wording. The Acting
City Attorney suggested that the wording be modified to "The owner or
individual in possession of the property shall be responsible...."
Councilmember Bowman concurred. Councilmember Bowman also noted what was
reasonable cause for "right of entry" which seemed to give a local
jurisdiction the right to go out and inspect buildings at any time. He felt
it preempted an individual's right of ownership.
It was moved by Councilmember Age and seconded by Councilmember Kerry to: 1)
Approve the first reading of the following Ordinances by title only, titles as
follow, adopting by reference the current State Building-related Codes with
the change suggested by the Acting City Attorney and set Monday, June 22,
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City Council Minutes May 26, 1992
1992, at 7:30 p.m., as the day, date, and time for a public hearing to hear
any objections to the adoption of these Ordinances.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY
ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS
THERETO: THE 1991 EDITION OF THE UNIFORM BUILDING CODE, THE 1991
EDITION OF THE UNIFORM MECHANICAL CODE, THE 1991 EDITION OF THE UNIFORM
HOUSING CODE, THE 1991 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, THE 1991 EDITION OF THE ADMINISTRATIVE CODE AND THE
1991 EDITION OF THE UNIFORM BUILDING CODE STANDARDS.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING
ORDINANCE N0. 844 AND AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND
THEREBY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990
EDITION, WITH CERTAIN AMENDMENTS.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER
19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1991 EDITION OF
THE UNIFORM PLUMBING CODE, THE 1988 EDITION OF THE UNIFORM SWIMMING POOL
CODE, THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM
PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS.
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
QRDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follows, approving CUP No. 92-
5.
RESOLUTION N0. 4075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT N0. 92-5 - WITH CONDITIONS (RETAIL DRY
CLEANERS, INCLUDING THE USE OF GARMENT CLEANING AND FINISHING EQUIPMENT,
10953 MERIDIAN DRIVE).
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
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance amending Section 10.1 of the Appendix I.
ORDINANCE N0. 885
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
10.1 OF THE APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Partin recessed the meeting at 6:00 p.m. to allow the
Council to enter into Closed Session to discuss litigation matters. The
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City Council Minutes May 26, 1992
meeting reconvened at 7:31 p.m. with all Councilmembers present and staff
members Essex, Cavanaugh, Bacock, Barrett, DeCarlo, Donovan, Eynon and Wicker
also present..
7:30 P.M. S ~StnN:
PLEDGE OF ALL ~TANr.F; The pledge was led by Mayor Pro Tem Age.
The City Manager summarized the actions taken by the Council during the 5:30
p.m. portion of the meeting. f°
The Acting City Attorney reviewed the discussions held by the Council during
Closed Session on two matters: whether to initiate litigation on a particular
matter and the commencement of property negotiations on the Texaco Park site.
PRESENTATIONS:
The American Home Week awards were presented to Grand Prize Winner Barbara
Hickey and Award Winner Gayle Sato by Dorothea Byrnes, President of the Buena
Park-Cypress-La Palma Association of Realtors and American Home Week Chair,
Jeanne St. Clair. Ms. Sato was unable to attend the meeting.
Mayor Partin presented the Mayor's Proclamation to Alicia Kimble, the 1992
Outstanding Contributions to the Arts Award Recipient.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. No one wished
to speak.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
CONTINUATION OF CONSID RATrnN OF PUB IC H ARIN~ RF• PROPOSE LIGHT RAIL
SYSTEM ALONG THE PACIFIC RAILROAD RIGHT-OF-WAY,_ TRAVERSING THE CITY IN A
NORTHWEST DIRECTION FROM HO nFR STREET TO LA PA MA AVENUE; Mayor Partin
opened the public hearing. The Public Works Director presented the staff
report dated May 20, 1992, which advised that the Orange County Transportation
Agency (OCTA) is considering establishing a light rail facility in Orange
County connecting to a similar facility in Los Angeles County. At this time,
an alternative route study is being accomplished by a consultant and one of
the alternate routes being considered is one that passes through a portion of
Cypress on the old Pacific Electric (PE) right-of-way.
Mr. Dave Shuter, Executive Director of the Orange County Fixed Guideway
Agency, advised that currently the planned system ends at Beach Blvd. in
Stanton. The OCTA Directors requested the study of two alternative extensions
from the planned urban rail system to the Green Line in Los Angeles County.
-He explained the two potential selections along the Santa Fe from Fullerton
and along the PE tracks. The consultant would make a recommendation at the
end of June to the Orange County Fixed Guideway Agency Board, who would
evaluate and then make their recommendation to the OCTA.
Ms. Kay Van Sickle, Manager of Transit Programs for the Orange County
Transportation Authority (OCTA), provided a slide program outlining the Urban
Rail study undertaken during the last two years, the results of that study
relating specifically to the City of Cypress because of the one alignment that
clearly affected the City. She mentioned the several transportation options
that have been considered in addition to several rail system. The approximate
cost of the initial urban rail project is $2.2 billion.
After a question and answer period between the Council and the representatives
of the OCTA, Mr. Shuter emphasized that this was very early in the planning
process and many of the questions asked by Council will be answered between
now and August 1993 for each of the cities. The final recommendation will be
made to the OCTA after August 1993 and they are not selling the system, they
are merely making the inquiry as to whether this is a feasible extension or
not.
Mayor Partin called upon Richard Polis, Councilmember, City of La Palma, and,
as a concerned citizen, voiced his opposition to the light rail system and, in
his opinion, the minuses outweigh the pluses. He invited members of the
Council to attend the La Palma Council meeting when this item is discussed.
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City Council Minutes May 26, 1992
Mayor Partin asked if anyone wished to speak in support of the light rail
system.
Ms. Joan Hishibara, Cypress resident, stated that she was handed a three page
paper with information that appeared very slanted, she wanted to listen to the
presentation and felt there was not yet enough information available to make a
determination. She believed she would find a lot of advantages to the light
rail system.
Mr. Ed Rondo, Cypress resident, commented that society has to think beyond the
use of cars, the traffic situation is unbelievable and there are environmental
issues resulting from that traffic. The demographics will be increasing and
there has to be a way to get the people around other than private autos.
Mr. Jim Phillips, Cypress resident, concurred with Mr. Rondo, foresees some
problems and the need for many changes. He stated that some form of alternate
transportation is going to have to be found and there will be some
inconveniences.
Mayor Partin asked if anyone wanted to speak in opposition to the light rail
system.
Mr. Ralph Miller stated that if the light rail system could be built
underground, it would solve everyone's problems.
Mr. Bill Vasile stated he lived adjacent to the railroad in question and the
engine is not the problem, it is the speed of the train and the noise from the
wheels. He expressed concern with the noise from the rail system.
At the Mayor's request, Mr. Shuter provided an explanation of a fixed light
rail system vs. the railroad track's current use.
Mr. Pat Ochoa, Cypress resident, stated that there are not enough facts
available to make a decision and if another city can foresee a benefit and
want the system, then they can have it.
Ms. Jane Wozniak, Cypress resident, commented that Cypress does not have a
large shopping mall, the Business Park is some distance from the proposed line
and she did not believe it will bring business into the community.
Cheryl Warren, Buena Park resident, spoke against the light rail system and
she expressed concern about loss of property values.
Mr. Dave Fenton, Cypress resident, commented that there appeared to be two
issues: the appropriate choice of transportation and where to put it. He
suggested that freeways be used as routes for the light rail system.
Mr. Baltazar Perez, Cypress resident, mentioned the safety issue, the element
of people that come in with a light rail system and property values.
Mr. Edmunds, Cypress resident, requested the Council to instruct the City
Attorney to meet with city attorneys from other cities to fight the light rail
system.
Mr. George Mills, resident of Cypress, mentioned that the present rail bed is
old and it would have to be completely redone to reduce vibration and noise.
Mr. Joseph Davis, Cypress resident, expressed concern for his property values
and suggested the property owners make the decision on the light rail system.
Mr. David Gill stated he lives right between the tracks and expressed concern
about having the light rail system affecting the property values.
Ms. Corinna Tevis, Cypress resident, lives very close to the railroad track,
expressed the concern that the OCTA was going about this proposal backwards
and should ask the people first rather than spending 18 months on a study.
Mr. Ted Hill, resident of Cypress, spoke about the safety of the City of
Cypress and its residents, children playing alongside the tracks and the
possibility of bringing in undesirable people.
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City Council Minutes May 26, 1992
Ms. Susan Sturgell, La Palma resident, mentioned the traffic problems
associated with trains stopping traffic at intersections.
Mr. Shuter stated that most of the concerns expressed tonight had been
considered by the consultant. He commented that there is no intent by the
County to mandate this system on the City of Cypress. It is a City decision.
He addressed some of the questions that were brought up by the residents. He
reminded the audience that the County-wide rail study was based on the year
2010 demographic situation.
Councilmember Nicholson stated that she has asked questions of the Agency and
she is familiar with the Blue line. She mentioned property values and she
stated that she could not see this light rail system benefiting the health,
safety or welfare of the citizens of Cypress. She expressed her opposition to
the light rail system coming through the City of Cypress and did not believe
it was good for the City.
Councilmember Kerry concurred with the comments of Councilmember Nicholson.
Her major concern was safety, which is the critical element for children
walking along the tracks, the trains crossing many intersections in Cypress
with the possibility of deaths and serious injuries occurring. The light rail
system is needed but running along surface streets is not desirable and the
system belongs along the freeways. She stated she was opposed to the system
running through Cypress.
Councilmember Age stated there are positive aspects of the light rail system.
She visited the system in Portland, it worked very well there, she was
impressed with their system but questioned whether it was the appropriate
system for Cypress. It is obvious that the majority of the residents present
do not feel it is appropriate so, based on that, she would oppose the light
rail system through Cypress.
Councilmember Bowman believed generally in the concept of any light rail
system whether it comes through Cypress or not and stated the future traffic
problems must be looked into because there is going to be more growth in
Southern California. There is an alternative system of light rail traffic
before the Council, more information will be forthcoming and he suggested the
public hearing be continued until the end of June.
Councilmember Nicholson did not see a need to continue this public hearing.
She is not against the light rail system, but believed it should be placed on
the freeway, which is the way people travel to their places of employment.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
close the public hearing and oppose the "Cypress route" of the light rail
system. Councilmember Bowman again suggested the matter be continued because
if the consultant chooses the "Cypress route," this item will be brought
before Council. Mayor Partin stated that he is not prepared to oppose or
endorse this item because not enough detail on the plan is available and would
support continuing the public hearing. The motion failed by the following
roll call vote:
AYES: 2 COUNCILMEMBERS: Kerry and Nicholson
NOES: 3 COUNCILMEMBERS: Age, Bowman and Partin
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Age stated that she voted the wrong way. The Acting City
Attorney stated that there needed to be a vote to recount. It was moved by
Councilmember Age and seconded by Councilmember Nicholson to recount the
previous vote and 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 motion to oppose the "Cypress route" of the light rail system was carried
by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Kerry and Nicholson
NOES: 2 COUNCILMEMBERS: Bowman and Partin
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes May 26, 1992
RECESS: Mayor Partin recessed the meeting at 10:00 p.m. and reconvened at
10:16 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF ON-STREET PARKING OF LARGE VEHICLES: The
Public Warks Director summarized the staff report dated May 12, 1992, which
provided the results of a Traffic Commission review and discussion of: 1) the
parking permit program for large vehicles; 2) the alternate hour~s for parking
restrictions and 3) the possibility of allowing large vehicles to only park
contiguously in front of the owners' property. The details of the City of
Seal Beach permit were reviewed by the Traffic Commission and they agreed that
a program of that design would be extremely flexible in handling extenuating
circumstances. Restricting parking to alternate hours in the early morning
does allow residents to have guests over during the day and evening hours
without posing a problem. Regarding the issue of allowing large vehicles to
only park contiguously in front of the owners property, it was the opinion of
the City Attorney that if the City were to enact such an ordinance it would
not be upheld if legally challenged.
Mr. David Garber, Chairman of the Traffic Commission, provided a slide
presentation and explained the Traffic Commission's review of the three action
items as directed by the City Council at its February 10, 1992 meeting. He
then answered questions from Council.
Councilmember Nicholson commented that the permit program and the 2:00 a.m. to
4:00 a.m. may be the most desirable option.
Councilmember Kerry remarked that one solution would be an annual permit to
put on the rear view mirror when needed. She had a problem with going to the
Police Department before and after every trip. The issue is storing the
recreational vehicle on the streets. She is very supportive of putting the
item on the ballot but wanted it done sensitively and carefully.
Responding to Councilmember Age, Police Chief Wicker replied that of all the
permit programs, the City of Seal Beach has the easiest to manage and is the
most flexible. Councilmember Age stated she liked the Seal Beach program and
she did not want to put the item on the ballot because it will lose.
In reply to Mayor Partin, Mr. Garber clarified that the permit is only for
overnight parking and the idea is to alleviate the bureaucracy and the
inconvenience to owners. The Traffic Commission attempted to find a
compromise with a minimum amount of work to enforce and issue permits.
Mayor Partin expressed his support of implementing the 2:00 to 4:00 a.m.
prohibited parking, with a permit system for loading and unloading.
_It was moved by Councilmember Age and seconded by Councilmember Nicholson to
implement the permit system and direct the Acting City Attorney to draft an
Ordinance for the June 22, 1992 meeting with on-street parking prohibited
between the hours of 2:00 to 4:00 a.m. Councilmember Age thanked Chairman
Garber of the Traffic Commission for all the time and effort he has expended
on this matter.
Mr. John Buckalew stated that all of the RV storage lots in the City of
Cypress are full or 90% full. There is availability for RVs 22 feet and
below; anything over 22 feet it is difficult to store in the City of Cypress.
He stated that if he stores his vehicle in the City of Cypress, it would have
no affect on his insurance; however, if he was forced to store out of the
City, his premiums would go up. If an ordinance is passed to force RVs off
the street, then the City should provide storage facilities.
Councilmember Age suggested that a grace period be considered at the time the
Ordinance is discussed.
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
~O~TINUATION OF CONSIDERATION OF ZONING DETERMINATION REQUEST FOR KEEPING OF
FALCONS IN RESIDENTIAL ZONES: The Acting City Attorney reviewed the staff
report dated May 20, 1992, which indicated that the City Attorney was directed
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City Council Minutes May 26, 1992
to make a determination on the issue of whether falcons/hawks are considered
to be wild animals as set forth in Section 9.18.(1) of the City of Cypress
Zoning Ordinance so as to require a conditional use permit for the possession
of such birds. After reviewing applicable State law and the relevant State
regulations with respect to the possession of falcons/hawks, it is the opinion
of the City Attorney that falcons/hawks are considered wild animals regardless
of whether they are bred in captivity or taken from the wild; consequently, a
conditional use permit is required for possession of these birds.
Debbie and Scott Driscol, 5184 Melbourne Drive, Cypress, disagreed with the
conclusion of the City Attorney that falcons are wild animals. They read the
definition of exotic/wild birds and contended that their birds were bred in
captivity and therefore not to be considered "wild." Debbie Driscol read a
letter from neighbor Richard Martinez, 5194 Melbourne Drive, who stated that
he had no complaints about the hawks. He then cited some court cases and
requested that the City cite him so this matter can be decided in court.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to determine that hawks and falcons are wild and non-domesticated animals
within Section 9.18(12) of the Cypress Zoning Code and the keeping of such
animals requires a conditional use permit.
After some discussion, the Acting City Attorney clarified that there is
nothing in the regulations that says captive bred birds are considered
domestic and this has been confirmed with the Department of Fish and Game.
Councilmember Kerry suggested that an opinion be obtained in writing from the
Department of Fish and Game. The Acting City Attorney advised that the Fish
and Game Department is currently revising its regulations in an attempt to
make the distinction between captive bred birds and birds taken from the wild.
His analysis of the City Code and the Fish and Game Department is that hawks
and falcons are both wild and non-domesticated. The issue now is that under
the current regulations, there is no distinction made under the City code.
Councilmember Age called for the question and the motion was 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
Mr. Driscol stated that he would not apply for a conditional use permit.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue the Council meeting past the hour of 11:30 p.m. The motion
_unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF FUNDING FOR THE CYPRESS BOYS & GIRLS CLUB: The City Manager
presented the staff report dated May 20, 1992, which indicated that the City
Council had allocated $12,000 in the 1991/92 Budget for the Latch Key Program
sponsored by the Cypress Boys & Girls Club with the understanding that the
funds would not be released until a full audit was received. The City has now
received copies of the 1990/91 Financial Audit copies of which were
transmitted to the City Council and they are requested to determine the extent
of the contribution the City will forward to the Cypress Boys & Girls Club for
the 1991/92 Fiscal Year.
Mr. Steven Hoffman, Board Member of the Boys and Girls Club since 1977
volunteered to address any questions from the Council. The Boys Club has
worked hard for the children and the Latch Key Program needs City funding.
Mayor Partin asked why it took a year to receive the audit and Mr. Hoffman
attempted to explain the unintentional delay.
Councilmember Kerry read a letter dated April 1991 which directed the
accountant to provide a full financial audit in 30 to 60 days.
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Responding to Councilmember Age, Ray Thomson, Executive Director of the Boys
and Girls Club, provided .the number of children enrolled in the Latch Key
Program, along with the number of staff members.
Mr. Robert Williams, Auditor for the Boys and Girls Club, responded to
questions on the audit from Councilmembers. Mr. Williams stated that he had
made some recommendations, which are being put into effect by the Boys and
Girls Club and the bingo operators.
Mr. Larry Wuebker, Acacia Drive, past President of the Cypress Boys and Girls
Club, voiced his displeasure on the questioning of the members of the Boys
Club staff and the audit. If there is a problem, he would like it to be made
known.
After further discussion, Councilmember Age explained that when concerns and
complaints are received from the citizens on a tax supported entity, it is the
Council's duty to investigate those concerns and complaints.
Mr. John Valenzuela, the auditor who performed the original review on the 1990
financial statement for the Boys and Girls Club, stated the review was made
primarily for United Way and he had recommended to the Boys and Girls Club
Board of Directors that they cease doing audits and follow the United Way
guidelines. The audits were costly and not necessary for any particular
funding source at that time so he recommended they provide financial reviews.
He then explained what occurred to account for the time lapse in providing the
audit.
Mr. Ray Thomson responded to Council questions about the audit and the delay
in providing it to the Council.
Ms. Kathy Baez, Los Alamitos, stated that her son attends the Boys and Girls
Club and they have done more for her child than anyone else.
Ms. Kathy McDowell, works and lives in the City of Cypress, commented that
because of the Boys Club her daughter has a place to go before and after
school and if she didn't do that, she would have to stay by herself.
Mr. Manfred Stein, Cypress, mentioned the letter written to the City Council
by the Executive Director of the Boys and Girls Club addressing the care given
boys and girls at the Club and the bingo operations. He provided Council with
a copy of a flyer delivered at his home from the Boys Club.
Mrs. Elinor Stein, Cypress, stated that her house faces the Boys and Girls
Club and the last few years, children have been coming over the wall,
sometimes into their yard, sometimes into the drainage canal. Children are
constantly running across Myra Street from the Boys and Girls Club up to the
AM/PM mini-mart. The supervision is minimal. It was her understanding that
they do not have a conditional use permit for the operation and she did not
feel that the children were adequately supervised. Mr. Hoffman commented that
the Club may have made a mistake in not immediately complying with the audit,
but the reasons have been explained. He asked Council to think of the
children when the funding is granted.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to continue this item to the meeting of June 8, 1992. Councilmember Nicholson
stated she had taken the time to visit the Boys and Girls Club on several
occasions and she reported what she had observed on those visits. She also
visited several other Boys and Girls Clubs in the surrounding areas and
reported on her observations. She suggested that her fellow Councilmembers
visit some other Clubs in the area, which is the reason a continuation was
suggested.
Councilmember Kerry stated she finds it difficult to justify the budget for
the Cypress Boys and Girls Club with the amount. of children they service
compared to Clubs in other cities. She encouraged the Councilmembers to visit
other Clubs and the Cypress Boys and Girls Club and supported the ,continuance
of this item.
The motion unanimously carried by the following roll call vote:
AYES: 5 CDUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CONSIDERATION OF CONCERNS R CARDING THE DISPOStNr OF MATERraiC AT TH
MAINTENANCE YARD: The Public Works Director reviewed the staff report dated
May 20, 1992, which indicated that the City has been dumping trash into the
dumpster facility in the City Maintenance Yard since 1976. An inquiry was
made as to the County of Orange's progress in formation of a plan for disposal
of "greens" that are currently being disposed of in County sanitary landfills.
At this time, the County has no plans to ban green waste going to landfills.
The Maintenance Division is currently recycling their own green wastes
generated by tree and shrub trimming and are endeavoring to find a way to use
grass clippings.
Responding to Councilmember Kerry, the Public Works Director provided an
estimate of $130,000 to build a structure over the dumpster facility.
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
CONSIDERATION OF ANIMA CONTROL SERVICES CONTRACT: The City Manager described
the staff report dated May 14, 1992, which indicated that animal control and
animal shelter services are provided to the City under a contract with the
County of Orange Health Care Agency, Veterinary Public Health. The County
provides the City with extensive field services, licensing and shelter
services. There is a credit this year from the actual payment versus the
charge.
Responding to Councilmember Bowman, the Acting City Attorney advised that he
had some recommendations to make in the contract so the level of service would
be expanded to the pickup of certain animals.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
approve the 1992/93 Agreement for Animal Control and Shelter Services with the
County of Orange and authorize the Mayor to sign and the City Clerk to attest
the Agreement, subject to the approval of the City Attorney. 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 RESOLUTION TO ADOPT DISASTER PLAN: Police Chief Wicker
presented the staff report dated April 28, 1992, which outlined the
requirement of the California Emergency Services Act for the City to have a
current Disaster Plan. Since the Plan was adopted in 1976, it has become
obsolete and the State's requirements have changed drastically. The updated,
two-part plan has been submitted to and approved by the State Office of the
Emergency Services as meeting the recommended multi-hazard functional disaster
response plan.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to certify the Negative Declaration according to the California Environmental
Quality Act and adopt the Resolution by title only, title as follows, adopting
the Emergency Plan for the City of Cypress.
RESOLUTION N0. 4076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AN
EMERGENCY PLAN FOR SAID CITY.
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 SCHEDULING AN INT RVIEW SESSION FOR APPOINTMENT OF ALTERNATE
TO THE SENIOR CITIZENS COMMISSION: The staff report dated May 19, 1992
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City Council Minutes May 26, 1992
indicated a vacancy currently exists for the position of an Alternate to the
Senior Citizens Commission. Staff has advertised and five applications have
been received for the position.
After discussion, it was suggested that interviews be conducted on June 22,
1992 at 5:00 p.m. in the Administration Conference Room and hearing no
objection, Mayor Partin so ordered.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO 50875 -
51091: It was moved by Councilmember Age and seconded by Councilmember Bowman
to approve the Warrants No. 50875 through 51091 in the amount of
$1,059,848.24. 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 wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ApJOURNMENT: Mayor Partin adjourned the meeting at 1:10 a.m. to 4:00 p.m.,
June 1, 1992, in the Administrative Conference Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST: j~
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CIT CLER OF HE CITY, OF CYPRESS
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