Minutes 92-08-10
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 10, 1992
The Regular Meeting of the Cypress City Council was called to order at 5:34
p.m., Monday, August 10, 1992, in the Council Chamber, 5275 Orange Avenue,
Cypress, Mayor Richard Partin presiding.
PRESENT: Councilmembers Age, Bowman, Kerry and Partin
ABSENT: Councilmember Nicholson
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Bacock, Barrett, Chavez, Donovan, Storey and
Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to
speak.
CONSIDERATION OF RETENTION OF PROFESSIONAL SERVIC S FOR ASBESTOS ABATEMENT AT
CITY HALL, PUBLIC WORKS PROJECT NO 9211: The Public Works Director
summarized the staff report dated July 30, 1992, which indicated that the
report on the City Hall building identified potentially hazardous asbestos-
containing material in the spray-applied acoustic ceiling material and
recommended removal. The need to remove this material is increased due to the
risk of exposure during maintenance operations. Four companies submitted
statements of qualifications for the work.
It was moved by Councilmember Age and seconded by Councilmember Kerry to: 1)
authorize the transfer of $29,109.00 from the Fund Balance of the General Fund
to Account No. 4186-11-428-24; and 2) award a contract for consultant services
to The Earth Technology Corporation, 100 West Broadway, Suite 5000, Long
Beach, CA 90801-5785 for the design, quality assurance air monitoring and
construction management for the asbestos removal at the City Hall hallway
ceiling for a fee not to exceed $9,250.00. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
CONSIDERATION OF EMPLOYEE SERVICE AWARD CONTRACT: The Personnel Director
presented the staff report dated August 4, 1992, which described the City of
Cypress' service award program recognizing an employee's years of service with
the City. Due to an additional cost that is tied to ordering the service
awards and the need to maintain consistency in the quality and selection of
the awards, staff is requesting the waiver of the bid process and further
requesting the approval to continue with O.C. Tanner as the City's vendor.
Councilmember Bowman stated he believed the program was good, but questioned
the amount spent on the awards, averaging approximately $200. The City
Manager suggested the cost of the awards be reconsidered and asked that this
item be continued to the next meeting.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
continue this item to the meeting of August 24, 1992. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
CONSIDERATION OF CONTRACT REN WAL FOR COMPUT R SOFTWARE DEVEIOPM NT AND
MAINTENANCE: The Police Chief reviewed the staff report dated July 22, 1992,
which provided an explanation of the contract with Dynamic Data Systems for
the support and software maintenance for the police computer software package.
The services provided by Dynamic Data Systems during the contract period met
requirements and it is recommended that this contract be renewed. The service
cost has not increased over the prior contract year.
CITY COUNCIL MINUTES August 10, 1992
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
authorize the renewal of the existing contract with Dynamic Data Systems, 4587
Telephone Road, Suite 202, Ventura, CA 93003, for a one year period from
October 1, 1992 through September 30, 1993, in the amount of $14,484.96 with
annual renewal by letter agreement if approved by the City and by Dynamic Data
Systems. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
Councilmember Kerry requested that Item 13, Consideration of Proposed Position
Classification and Compensation Plan Amendment - Sr. Account Clerk, be removed
for discussion.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the Consent Calendar Items No. 4 through 14, with the exception of
Item No. 13. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
Item No. 4: Consideration of Approval of City Council Minutes of the Regular
Meeting of July 27, 1992.
Recommendation: That the City Council approve the Minutes of July 27, 1992.
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 Design Review Committee's Approval of DRC #92-
21, #92-29, #92-30, and #92-31.
Recommendation: Receive and file.
Item No. 7: Consideration of Claim Filed by Arlene Trujillo.
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 Application for an Alcoholic Beverage License
Transfer Filed by Fuji Country USA, Inc., D.B.A. The Cypress Golf Club, 4561
Katella Avenue, Cypress.
Recommendation: Receive and file.
Item No. 9: Consideration of Claim Filed by Sandra D. Stanton.
Recommendation: That the City Council officially reject the subject Amended
Claim and refer it to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item No. 10: Consideration of Proclaiming Saturday, August 15, 1992, as
"Volunteer Firefighter Recognition Day".
Recommendation: That the Mayor and City Council officially proclaim Saturday,
August 15, 1992, as "Volunteer Firefighter Recognition Day" in the City of
Cypress.
Item No. 11: Consideration of Annual Requalification of Participating Cities
in the County of Orange Arterial Highway Financing Program (AHFP).
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, informing the AHFP Advisory Committee that the Circulation
Element of the Cypress General Plan conforms to the County MPAH.
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CITY COUNCIL MINUTES August 10, 1992
RESOLUTION N0. 4096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE
ORANGE .COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT
THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMS TO THE
COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS.
Item No. 12: Consideration of Promotional Employment Lists for the Positions
of Secretary and Police Agent and Employment List for the Position of
Recreation Coordinator - Senior Citizens.
Recommendation: Receive and file.
Item No. 14: Consideration of Claim Filed by Albert W. Jones, Attorney at
Law, On Behalf of Shari Lyn Miles, Aulton Miles, and Estate of Aulton Theodore
Miles.
Recommendation: That the City Council reject the subject Claim and refer it
to the City's Claims Administrator, Carl Warren & Co., for appropriate
disposition.
END OF CONSENT CALENDAR
Regarding Item No. 13, Consideration of Proposed Position Classification and
Compensation Plan Amendment - Sr. Account Clerk, Councilmember Kerry
questioned the need for the creation of this position and the additional pay
increase at this time. The Personnel Director replied that the upgrade is
warranted to allow for appropriate staffing and expertise to perform expanded
and more complex work in financial transactions and payroll accounting. The
Finance Director advised that this upgrade was requested to meet the
accounting needs for the Cypress Redevelopment Agency.
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, amending the Position
Classification and Basic Compensation Plans as outlined in the report.
RESOLUTION N0. 4097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING
RESOLUTION N0. 3574 BY ADDING A CLASS SPECIFICATION OF SENIOR ACCOUNT
CLERK TO THE POSITION CLASSIFICATION PLAN AND ESTABLISHING COMPENSATION
FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving CUP No. 92-8.
RESOLUTION N0. 4098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 92-8 - WITH CONDITIONS (FOUR UNIT APARTMENT
BUILDING, LA SALLE STREET, SOUTH OF GRACE AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, granting Variance No. 92-2.
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CITY COUNCIL MINUTES August 10, 1992
RESOLUTION N0. 4099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO ALLOW A REDUCED SIDE YARD SETBACK ON THE NORTH SIDE OF THE SITE AT
2'6" INSTEAD OF THE NORMALLY REQUIRED FIVE FOOT (5') SETBACK - VARIANCE
NO. 92-2 (LA SALLE STREET, SOUTH OF GRACE AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving CUP No. 92-10.
RESOLUTION N0. 4100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 92-10 - WITH CONDITIONS (DAY-CARE CENTER,
DAMRON ELEMENTARY SCHOOL, 5400 MYRA AUENUE).
The motion unanimously approved by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, approving CUP No. 92-11.
RESOLUTION N0. 4101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 92-11 - WITH CONDITIONS (DAY-CARE CENTER,
SWAIN ELEMENTARY SCHOOL, 5851 NEWMAN STREET).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
CLOSED SESSION: Mayor Partin recessed the Council meeting at 5:50 p.m. to
allow the Council to meet in Closed Session to discuss matters of personnel
and litigation. The meeting reconvened at 7:30 p.m. with all Councilmembers
present except Councilmember Nicholson. Also present were staff members
Bacock, Barrett, Chavez, Donovan, Storey and Wicker and City Manager/City
Clerk Darrell Essex and City Attorney Patterson.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman.
PRESENTATION:
Mayor Partin read and presented the "Volunteer Firefighter Recognition Day"
Proclamation to Capt. Harry Gardikas, the 1992 Outstanding Volunteer
Firefighter of the Year.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Elsie Carruthers, 10480 Gregory Cr., Cypress, asked if Council had
knowledge of various types of fuel uses for mass transit vehicles because it
was her understanding that no decision had been made as to diesel fuel being
used. She also mentioned that many people had received flyers inviting them
to come and speak on the urban light rail system and she had not received any
notice of that hearing. She believed the Council was premature in casting a
definite "no" vote against the light rail system when nothing is known about
the type of service and benefits that might be provided to the citizens of
Cypress.
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CITY COUNCIL MINUTES August 10, 1992
Councilmember Kerry clarified that diesel has already been approved for the
northern east-west rail corridor. She understood that the flyers were passed
out by realtors in the area.
Councilmember Bowman stated that the Transit Authority has already chosen the
northern route and the possibility of having a substation at Cypress College
was voted against by the Council. He also stated that he was personally in
favor of the light rail system and, at least, the substation option and
suggested that the voters of the community should be the ones making this
decision.
Mr. John Shim, Youth Pastor at the Korean Alliance Church, updated the Council
on what was happening to their property and their congregation. He had sent a
letter to the City last week indicating they didn't have any place for
services and they are still conducting their meetings in the parks. He urged
the Council to reconsider their situation and expedite the date of the
hearing.
The City Attorney advised that he had met with Senior Reverend Shim on Friday
who communicated the church's interest and concerns. The City Attorney
reviewed the moratorium and advised the church that he didn't believe there
was an exemption. Rev. Shim asked that other options be considered, including
a temporary use permit and whether or not the City would be interested in
acquiring the property. The City Attorney indicated that a response would be
coming from his office in two weeks.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
PRESENTATION:
Mayor Partin read and presented a Resolution to Brent Sherman Anderson
commending him on attaining the rank of Eagle Scout.
The City Manager summarized the actions taken by the City Council during the
5:30 portion of the meeting.
The City Attorney advised that he provided information to the Council during
Closed Session on litigation matters on Southern California Gas Company versus
the State Board of Equalization and Southern California Edison Company versus
the State Board of Equalization. The Council authorized the County of Orange
and the State Attorney General to represent the City's interests in those two
matters. The Council received an oral report from the City Attorney on the
effect of the moratorium on the construction of churches in commercial zones
of the City.
CO1lTINUATIOK 9F CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE N0. 92-4, SECTION 15 - SIGNS: Mayor Partin opened the public
hearing and referred to the staff report dated August 3, 1992, which
represented a request to continue this item to the Council meeting of
September 28, 1992 after meetings with the Chamber of Commerce Ambassadors and
Board.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
continue the hearing to the September 28, 1992 Council meeting. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
c'ONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE• APPLICATION FOR SPECIAL
PERMIT - SECONDHAND DEALER'S LICENSE MERVYN'S DEPARTMENT STORE, JEWELRY
DEPARTMENT, 10201 VALLEY VIEW STREET, CYPRESS: The public hearing was opened
by Mayor Partin. The staff report dated August 4, 1992 indicated that the
Corporate Office of Mervyn's Department Stores is presently considering
whether or not to pursue this application and it is requested that this
hearing be continued to the next meeting.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
continue this item to the meeting of August 24, 1992. The motion unanimously
carried by the following roll call vote:
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CITY COUNCIL MINUTES August 10, 1992 ~
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
CONSIDERATION OF PUBLIC HEARING RE• AMENDMENT TO CONDITIONAL USE PERMIT N0.
89-35, ADDITION OF OFFSITE SALE OF BEER AND WINE MOBIL SERVICE STATION/MINI-
MARKE 6011 BALL ROAD, CYPRESS: Mayor Partin opened the public hearing. The
Acting Planning Director presented the staff report dated July 29, 1992, which
represented a request for the offsite sale of beer and wine in conjunction
- with an existing gasoline station/mini-market and car wash. The proposed
project is located at 6011 Ball Road. In accordance with the requirements of
the California Environmental Quality Act, a Negative Declaration will be filed
for this project. The staff report identified the walk-in cooler as "six
door" and that should be corrected to a "five door" cooler. Two of the cooler
sections, approximately 48 square feet, are proposed for the display of beer
and wine.
Notices of the public hearing were sent to property owners within a 300-foot
radius. To date, staff has not received any communication regarding this
project.
The applicant, Emile Kheir, 6011 Ball Road, Cypress, stated that he had a
question on Item 3, "No sale of beer and wine shall be permitted between 12:00
midnight and 6 a.m..." because usually the front doors are closed at night so
no one can walk through the store and a cashier drawer is used to exchange
money for any purchases.
Mayor Partin asked if anyone wished to speak in support of or in opposition to
the application. No one spoke.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
close the public hearing, certify the Negative Declaration in accordance with
the California Environmental Quality Act and approve amendment to Conditional
Use Permit No. 89-35, subject to conditions. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Nicholson
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO 52143 -
52194~ 92196 - 92352: It was moved by Councilmember Age and seconded by
Councilmember Kerry to approve the Warrant List, Warrants No. 52143 through
52194 and Warrants No. 92196 through 92352 in the total amount of $800,961.78.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry, and Partin
NOES: 0 COUNCILMEMBERS: -None
ABSENT: 1 COUNCILMEMBERS: Nicholson
ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Kerry
mentioned the musical performance on the Civic Center green by the Mississippi
Mudders. She also mentioned the Cypress Pops concert that will be held on the
green next Saturday.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Partin adjourned the meeting at 8:03 p.m.
M YOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0 `T E CI OF CYPRESS
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