Minutes 92-11-09 t ti r~
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 9, 1992
The Regular Meeting of the Cypress City Council was called to order at 4:30
p.m., Monday, November 9, 1992, in the Administrative Conference Room, West
Wing, Cypress City Hall, 5275 Orange Avenue, Cypress, 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, Finance Director Storey, Planning Director Eynon and
Redevelopment Consultant Kelly.
WORKSHOP SESSION: A redevelopment workshop was held with discussions on the
development strategy, the City/Redevelopment Agency Marketing Program and the
introduction of the consulting firm of Gardner Communications.
CLOSED SESSION: Mayor Partin recessed the meeting at 4:55 p.m. to enable the
Council to enter into a Closed Session for the purpose of discussing
redevelopment issues and litigation matters.
RECE~: The meeting was recessed at 5:25 p.m. with the Council reconvening in
the Council Chamber at 5:37 p.m. with all Councilmembers present. Also
present were City Manager/City Clerk Darrell Essex, Acting City Attorney John
Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey
and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF AWARD OF A TWO (2) YEAR CONTRACT FOR DELiVFRY OF PROPANE
FUEL, REQUEST FOR QUOTATION N0. 9293-2: The Finance Director presented the
staff report dated October 27, 1992, which described the five bids received
for a two (2) year contract for delivery of propane fuel. He mentioned that
approximately 24,000 gallons of fuel are purchased over a two year period.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to accept the bid received from Empire Gas Inc. of Garden Grove, 12600 Western
Ave., Garden Grove, CA 92641, as the lowest responsible bidder and award a two
(2) year contract to this company for the delivery of propane fuel at $.532
per gallon with a refinery increase clause. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE SUPPLY AND INSTALLATION OF PLAY
EQUIPMENT AND PROTECTIVE SURFACING IN VARIOUS CITY PARKS, PUBLIC WORKS PROJECT
N0. 9213: The Public Works Director summarized the staff report dated
November 2, 1992, which described the four bids received for the supply and
installation of play equipment and protective surfacing in various City parks.
Only one bid was considered responsive; the other three bids had
irregularities of varying degrees. The Public Works Director noted, in the
first paragraph, second page of the staff report, the last word should be
changed from "requirements" to "guidelines." In the second paragraph, second
page, last sentence, the word "General" should be changed to "Open Space" fund
and also in 1) under "Recommendation", the word "General" should be changed to
"Open Space" fund.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
that the City Council, acting as the ex-officio governing Board of Directors
of the Cypress Recreation and Park District:
1) Authorize an appropriation of $8,491.48 from the fund balance of the
Open Space Fund to Account Nos. 4186-12-508-29 and 4186-12-522-29;
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CITY COUNCIL MINUTES November 9, 1992
2) Determine the lowest responsible bidder for Public Works Project No.
9213 to be Ortco, Inc.;
3) Reject all other bids received; and
4) Award a contract for the Supply and Installation of Play Equipment and
Protective Surfacing in Various City Parks to Ortco, Inc., 681 Tustin,
Suite 1126, Orange, California 92666, in the amount of $73,847.48.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
Councilmember Bowman requested that Items 13 and 17 be removed and
Councilmember Kerry requested that Items 15 and 16 also be removed.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the Consent Calendar Items No. 3 through 17 with the exception of
Items No. 13, 15, 16 and 17. 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. 3: Motion to Approve City Council Minutes of the Adjourned Regular
Meeting of October 5, 1992 and the Regular Meetings of October 13, 1992 and
October 26, 1992.
Recommendation: That the City Council approve the Minutes of October 5, 1992,
October 13, 1992 and October 26, 1992, as submitted, with Mayor Partin
abstaining on the October 26, 1992 Minutes, due to his absence at the meeting.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of Proclaiming November 22 - 28, 1992, as "Family
Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim the week
of November 22 - 28, 1992, as "Family Week" in the City of Cypress.
Item No. 6: Consideration of Proclaiming the Remaining Holiday Months of 1992
and All of 1993, as "Buckle Up For Life Challenge" Period.
Recommendation: That the Mayor and City Council officially proclaim the
remaining holiday months of 1992 and all of 1993, as "Buckle Up for Life
Challenge" period in the City of Cypress.
jtem No. 7: Consideration of Proclaiming December 1, 1992, as "World's AIDS
Day" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim December
1, 1992, as "World AIDS Day" in the City of Cypress.
Item No. 8: Consideration of Proclaiming November 19, 1992, as the "Great
American Smokeout Day" in the City of Cypress.
Recommendation: That the Mayor and City Council officially November 19, 1992,
as the "Great American Smokeout Day" in the City of Cypress.
Item No. 9: Consideration of City of Cypress Lighting District No. 2 - 1993.
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CITY COUNCIL MINUTES November 9, 1992 ~ ~
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, ordering the City Engineer to prepare a Preliminary Report
for Cypress Lighting District No. 2, to be presented at the November 23, 1992
City Council meeting.
RESOLUTION N0. 4117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE A
MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO
THE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE
OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919",
FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE
MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY, FOR A PERIOD OF
ONE (1) YEAR, BEGINNING JANUARY 1, 1993, AND ENDING JANUARY 1, 1994.
Item No. 10: Consideration of Acceptance of Heater Remix and Rehabilitation
of Various Streets in the City of Cypress - Public Works Project No. 9207.
Recommendation: That the City Council: 1) Accept the work of the Heater Remix
and Rehabilitation of Various Streets in the City of Cypress, Public Works
Project No. 9207, as being satisfactorily completed; 2) Approve the final
retention payment to All American Asphalt, 14274 Magnolia Avenue, Corona,
California 91719, 35 days after the Notice of Completion is filed; 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. 11: Consideration of Contract Between the City of Cypress and
William Hamilton & Associates.
Recommendation: That the City Council authorize staff to enter into an
agreement with Buford Nichols, President of William Hamilton & Associates, to
provide employee relations services.
Item No. 12: Consideration of Uniform Building Code Violation - Pigeon Coop
(Nagle).
Recommendation: That the City Council continue this matter to the November
23, 1992 City Council meeting.
Item No. 14: Consideration of Acceptance of the Detoxification Cell
Construction at the Cypress Police Department - Public Works Project No. 9127.
Recommendation: That the City Council accept the work of the Construction of
the Detoxification Cell Construction Project, by Marathon Engineering, P. 0.
Box 310, Mountain Ranch, California 95246, Public Works Project No. 9127, as
being satisfactorily completed.
END OF CONSENT CALENDAR
Regarding Item No. 13, Consideration of Requests for Statements of
Qualifications and Requests for Proposals from ADA Consultants to Provide a
Transition Plan for ADA Requirements for Facility Accessibility, Councilmember
Bowman inquired if there was any funding that followed the mandate from the
Federal government and the City Manager responded negatively. Councilmember
Kerry asked if every playground must have provisions for disabled people. The
Building Official responded that it is her understanding that there will be
designated playgrounds that are accessible.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry that
the City Council: 1) Approve the use of a consulting firm specifically
experienced in this type of work; and 2) Authorize an appropriation not to
exceed $30,000 from the fund balance of the General Fund to Account No. 4189-
11-241-09 for the preparation of the plan. 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
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CITY COUNCIL MINUTES November 9, 1992
In regard to Item No. 15, Consideration of Adoption of Resolutions Recognizing
the 1992 Cypress Families of the Year, Councilmember Kerry commented that it
was her understanding that there would be a Family of the Year, limiting the
honor to one family and, with the consensus of the Council, direction was
given to the Committee that, in the ensuing years, only one Cypress Family of
the Year would be so honored.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman that
the City Council adopt the Resolutions by title only, titles as follow,
recognizing the 1992 Cypress Families of the Year. .
RESOLUTION N0. 4118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING THE
SHAKESPEARE FAMILY AS A 1992 CYPRESS FAMILY OF THE YEAR.
RESOLUTION NO. 4119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING THE
HUMPHREYS FAMILY AS A 1992 CYPRESS FAMILY OF THE YEAR.
Addressing Item No. 16, Consideration of Federal Housing and Community
Development Block Grant Application - 19th Year, Councilmember Kerry
questioned the description on the first page for the 19th Year Grant Proposal
under Public Services, referred to the second page under the description of
the 19th Year Grant Proposal where Public Services were not mentioned but the
Senior Citizens Center was. The Finance Director stated that there appeared
to be a typographical error on the second page and "Senior Citizens Center"
should read "Public Services," which was designated for a feasibility study
for the Cypress Arnold Park. It was moved by Councilmember Kerry and seconded
by Councilmember 13owman that the City Council adopt the Resolution by title
only, title as follows, approving the City's participation in the 19th Year
Housing and Community Development Block Grant Program with the County of
Orange and authorize the Mayor to sign the grant request on behalf of the
Cypress City Council.
RESOLUTION N0. 4120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
CITY'S PARTICIPATION IN THE 19TH YEAR HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: AGE, BOWMAN, KERRY, NICHOLSON AND PARTIN
NOES: 0 COUNCILMEMBERS: NONE
ABSENT: 0 COUNCILMEMBERS: NONE
The City Manager clarified, for the record, the correct title on the bottom of
the second page of the staff report next to 19th Year should be "Public
Services" for Column 1, not "Senior Citizens Center," with the titles for
columns 2 and 3 remaining the same.
Recreation & Park District Matters:
Regarding Item No. 17, Consideration of the Summary Evaluation of the 1992
Cypress Community Festival, Councilmember Bowman noted that there must be some
inventory on hand because the sales of merchandise were far less than the
amount budgeted for their purchase. The Recreation and Park Director advised
that this was not a final figure and there are revenues to be returned from
several community groups. Festival shirts and pins are available for sale at
the Community Center. It was moved by Councilmember Bowman and seconded by
Councilmember Nicholson that the City Council, acting as the ex officio
governing Board of Directors of the Cypress Recreation and Park District,
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
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CITY COUNCIL MINUTES November 9, 1992
ORDINANCES (Second Readings & RESOLUTIONS:
Mayor Partin announced that he would be abstaining on the vote on the
following four resolutions because of his absence at the last meeting.
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, approving amendment to CUP No.
91-3.
RESOLUTION N0. 4121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 91-3 - WITH CONDITIONS (CHANGE
LOCATION OF WALKER STREET ACCESS DRIVE FOR GRACE CHURCH, 5100 CERRITOS
AVENUE).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Partin
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, approving CUP No. 92-16.
RESOLUTION N0. 4122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 92-16 - WITH CONDITIONS (ONSITE SALE OF BEER
AND WINE, SUPER MEX RESTAURANT, 6830 KATELLA AVENUE).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Partin
It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt
the Resolution by title only, title as follows, granting Variance No. 92-5.
RESOLUTION N0. 4123
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 ROOF MOUNTED AIR CONDITIONING/HEATING UNIT - VARIANCE N0. 92-
5 (10454 SARATOGA STREET).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Partin
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, granting Variance No.
92-6.
RESOLUTION N0. 4124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO ALLOW THE REDUCTION OF EIGHT (8) OF THE MINIMUM REQUIRED THIRTY-ONE
(31) PARKING SPACES FOR A DAY CARE FACILITY - VARIANCE N0. 92-6
(NORTHEAST CORNER OF CAMDEN DRIVE AND CORPORATE AVENUE).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Partin
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CITY COUNCIL MINUTES November 9, 1992
RECESS: Mayor Partin recessed the meeting at 5:57 p.m. so Council could
conduct a Closed Session discussion on matters of personnel and litigation.
The meeting reconvened at 7:35 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 Kerry.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mayor Partin advised that he was absent at the last meeting due to his
hospitalization and wished to thank all his friends and associates for their
good wishes.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
Mr. Ed Giroud, 11462 Shippigan Way, Cypress, asked if discussion would be
allowed on the Ordinance regarding on-street parking of large vehicles. He
stated it appeared that the City Council was writing rules based upon their
own perception and lifestyles and not attempting to envision or understand
other preferences. RV owners expect to be treated as everyone else in being
allowed to park on City streets and a change is not needed.
Mrs. Nancy Draper, 9313 Vista Mesa, Cypress, addressed the RV issue and read
an article on whether cities have the authority to prohibit the parking of a
particular category of vehicle on the residential streets during certain hours
of the day and the resolution of that question. She recommended that the
ordinance not be adopted.
There were several other people who wished to speak on this item and Mayor
Partin would defer any further public input until the item came up on the
Agenda. -
Ms. Maureen Solheim, 9572 Sonwell Place, Cypress, asked if the item on
contributions to community organizations could be moved forward. Hearing no
objection, Mayor Partin so ordered.
The City Manager advised that the Council did meet at 4:30 p.m. in a Workshop
Session to discuss redevelopment program issues. He then summarized the
actions taken by the Council during the 5:30 p.m. portion of the meeting.
The Acting City Attorney reviewed discussions held during the two Closed
Sessions. At the 4:30 p.m. Closed Session, the City Council discussed
property negotiations under the Lincoln Avenue Redevelopment Plan. At the
5:30 p.m. Closed Session, the Council discussed the lawsuit initiated against
the City by the Joong Ang Korean Church, the Cypress Golf Course and property
negotiation for the Senior Housing Project and three separate personnel items
regarding salaries and negotiations and general personnel.
The City Manager suggested that the Council may want to add the Cypress Golf
Course item to the Agenda. It was moved by Councilmember Kerry and seconded
by Councilmember Nicholson to add the Cypress Golf Course to the Agenda as
Item No. 33A. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
CONTINUATION OF CONSIDERATION OF CONTRIBUTIONS TO COMMUNITY ORGANIZATIONS:
The City Manager presented the staff report dated November 3, 1992, which
indicated that this matter was continued from the October 26, 1992 City
Council meeting. Staff had invited the various organizations, who have
requested financial assistance, to attend this Council meeting. The Council
had previously agreed that a $12,000 contribution would be made to the Cypress
Boys & Girls Club for the 1991-92 Fiscal Year upon completion of their audit
review and it was requested that the City Council confirm this action at this
meeting. Additionally, the City Council contributed $4,500 to the Cypress
POPS Orchestra for their 1992 summer concerts. The City Manager advised that
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CITY COUNCIL MINUTES November 9, 1992
he had also submitted a request from the Boys & Girls Club for the current
Fiscal Year.
Responding to Councilmember Bowman, the City Manager replied that the same
funding level has been allocated this year as last year in the budget
document.
Ms. Luciann Maulhardt, 10911 Reagan St., Los Alamitos, Executive Director of
Casa Youth Shelter, stated they were a temporary shelter for boys and girls
age 12 to 17, primarily serving Orange County.
Ms. Judith Murphy, Director of Hotline of Southern California, P.O. Box 32,
Los Alamitos, advised that they were a multi-purpose organization doing crisis
intervention, information and referral, and provide a listening service. Most
of their calls are from Long Beach and the Orange County area.
Mr. Bruce Robbins, Director of Straight Talk, 5712 Camp Street, Cypress,
stated they offer an outpatient counseling program for residents of the
community and provide the City with the largest drug and alcohol prevention
program serving children and adolescents. They offer an on-campus counseling
program through the Cypress School District.
Ms. Marie Olsen, 9744 Avenida Monterey, Cypress, President of the Academic
Boosters,. thanked Council for the several years of their support. Her group
is funded through donations from parents, the City and companies within the
City to promote a quality education for all the students.
Ms. Maureen Solheim, 9572 Sonwell Place, Cypress, is the Chairman for Cypress
High School Grad Nite and the representative for the Graduation Committee,
which combines all of the activities surrounding graduation at Cypress High
School. She asked for donations for Grad Nite and for the on-site graduation
ceremony.
Mr. Dennis St. Clair, 10444 Camden Dr., Cypress, representing the Boys & Girls
Club, stated that things are going very well at the Club and they are
progressing in a very positive manner. They are having several fund raisers,
some grants coming in and they are asking for support from the community.
Mayor Partin noted that the Cypress Pops was not present but they had been
incrementally funded for their summer programs.
The City Manager clarified that the City is going to pay for the prior year's
Boys & Girls Club donation out of the current year's budget. If the Council
wishes to grant the current request to the Boys & Girls Club, this would be an
additional $18,000.
After some discussion, the Mayor recessed the meeting at 8:15 p.m. and
reconvened at 8:23 p.m. with all Councilmembers present.
Mayor Partin announced that the Council had made their allocations and it was
moved by Councilmember Bowman to donate the following funds: Casa Youth
Shelter, $3,500; Hotline of Southern California, $4,000; Straight Talk,
$12,000; Academic Boosters, $1,600; Grad Nite, $2,700 and asset seizure monies
will fund in the amount of $1,000 for a total of $3,700; Boys & Girls Club,
$12,000 for a total of $35,800 in General Fund monies.
Councilmember Bowman advised that for Straight Talk, use of funds from asset
seizure should be considered. The second was made by Councilmember Nicholson.
The motion unanimously carried by the following roll call vote r
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF ORDINANCE REGARDING ON-STREET PARKING OF
LARGE VEHICLES AND IMPLEMENTING THE PARKING PERMIT SYSTEM: The Acting City
Attorney presented the staff report dated November 4, 1992, which outlined the
changes made at the October 26, 1992 meeting in the draft ordinance. He
reviewed the changes incorporated into the present draft ordinance and made
some minor corrections to the draft.
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CITY COUNCIL MINUTES November 9, 1992
Councilmember Bowman referred to Section 16-73.(e)3, which would not allow a
permit to be granted where the traffic lane line is 12 feet or less from the
vehicle. There should be another section where the vehicle is prohibited from
parking at any time in this circumstance. The Acting City Attorney advised
that under Section 16-73.1, there will be a new paragraph (c) combining the
two prohibitions in Sections 16-73(e)(2) and (3), which will no longer be
needed.
Ms. Ellen Kippel, 11664 Blackmer Street, Cypress, voiced her support of the
ordinance but expressed concern that it would be enforced by complaint only -
which wouldn't appear to solve the problem.
Mayor Partin clarified that the Council would not enact into law an ordinance
that would have to be actively pursued with Police personnel and they are
attempting to write a friendly ordinance which is activated through citizen
complaint.
Councilmember Kerry commented that an oversized vehicle cannot be parked
overnight unless they are loading or unloading and then 48 hours is allowed.
All RVs will have to be stored unless qualifying for a permit.
Mr. Ralph Zoerlein, 5754 Apia Drive, Cypress, stated he didn't believe that
all of the comments are being heard and acted upon. He is not a proponent of
storing his vehicle on the residential streets, but he would like to have the
right to keep it at home for a few days for various reasons. He also
suggested that the 48 hours be amended to read seven days.
There was additional discussion among the Councilmembers about the ordinance
being enforced on complaint and that it was a friendly ordinance.
Mr. Verne Draper 9313 Vista Mesa, Cypress, advised that Buena Park also has a
friendly ordinance. They solve problems between motor home owners and the
complainants by having a sub-team mediate prior to enforcing the ordinance.
He suggested that Cypress consider that aspect.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to r
approve the first reading of the Ordinance, with the suggested modifications,
by title only, title as follows, regarding on-street parking of large. vehicles
and implementing the parking permit system.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING
SECTION 16-73 OF THE CODE OF THE CITY OF CYPRESS AND ADDING SECTIONS 16-
73 THROUGH 16-73.3 TO CHAPTER 16, RELATING TO OVERNIGHT PARKING OF
OVERSIZED VEHICLES.
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 RETAINING THE FIRM OF BURKE, WILLIAMS & SORENSEN
AND DESIGNATING JOHN E CAVANAUGH AS CITY ATTORNEY: Mayor Partin referred to
the staff report dated November 4, 1992, which described the action taken by
the Council during Closed Session at the October 26, 1992 City Council
meeting. Councilmember Bowman commented that he would vote against this
Resolution for two reasons: the system set up for handling employer-employee
relationships when there is dissatisfaction with an employee's performance was
not followed and the action stemmed from a meeting just before an election.
He stated that he believed the Council should have handled it differently.
Councilmember Nicholson stated that the City Attorney and City Manager serve
at the discretion of the Council and if a change is necessary, it can be done
with a majority vote of the Council. Councilmember Age commented that this
was not the first time the issue was discussed.- Mayor Partin advised that he
would abstain from the vote since he was not present at the meeting.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, appointing John E.
Cavanaugh as City Attorney.
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CITY COUNCIL MINUTES November 9, 1992
RESOLUTION N0. 4125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING JOHN
E. CAVANAUGH AS CITY ATTORNEY.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Kerry and Nicholson
NOES: 1 COUNCILMEMBERS: Bowman
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF AMENDMENT NO 3 TO LANDMARK TREE REMOVAL PERMIT NO 91-1~
GRACE CHURCya 5100 CERRITOS AVENUE: The City Manager requested the Planning
Director present the staff report dated October 30, 1992, which represented a
request to remove seven diseased Landmark Trees located at 5100 Cerritos
Avenue. The subject permit is required in compliance with the Mitigation
Monitoring Program for the Cypress Business and Professional Center
Environmental Impact Report. Therefore, no additional environmental
documentation is required according to the California Environmental Quality
Act.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve Amendment No. 3 to Landmark Tree Removal Permit No. 91-1, subject
to three conditions as stated in 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
CONSIDERATION OF BOARDING UP OF VACANT BUILDIN, -POLICY AND PROCEDUR The
P1a.nning Director reviewed the staff report dated October 29, 1992, which
indicated that during recent months, citizens and businesses in the community
have expressed their concern about the visual as well as safety impacts of
vacant buildings, specifically along major streets in commercial zones. In
response, the City Council directed staff to look into the status of existing
vacant buildings and return with a report on how the City is addressing
related issues.
Mayor Partin commented that there doesn't appear to be any distinction between
an abandoned or unused building and a large, multi-tenant commercial building
that has vacancies. Councilmember Bowman advised that there are many
buildings in the City that have been vacant for one to two years and he
believed the proposed policy is too restrictive.
Responding to questions from Council, the City Manager replied that some of
the situations were addressed in the building code and is a matter of safe vs.
unsafe structures.
The City Attorney advised that the public nuisance ordinance gave the City the
authority to determine if a particular building is a public hazard.
Mayor Partin stated that if the site will pose a health, safety and welfare
issue by being closed for a period of time in excess of a few weeks, action
should be taken but not include every building that is vacant.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to the meeting of January 25, 1993. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF SPECIAL EVENTS AT SCH00 SITES PO ICY AND PROCEDURE: The
City Manager requested the Planning Director summarize the staff report dated
November 2, 1992, which indicated this matter had come before the Council as
the result of complaints from citizens regarding late night disturbances from
certain carnival activities held on school grounds. Staff was directed to
send letters to the school districts and inform them of the City's current
regulations regarding these types of uses. To provide a more clear
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CITY COUNCIL MINUTES November 9, 1992
understanding of these requirements, staff has prepared a proposed policy and
procedure regarding special events at school sites.
After some discussion, the word "outdoor" was inserted in Item No. 3 under
Policy, so the sentence reads, "The event does not include outdoor animal
shows, mechanized rides...."
Ms. Penny Dash, 5716 Aspen Street, Cypress, mentioned that Medieval Times
brings a free show for school children. She asked that a provision be made
for events sponsored by the PTA and requested the event time be extended to
sunset.
Councilmember Kerry stated that anytime there is an outdoor animal show,
permits should be required with nonprofit organizations being exempt from the
fees.
The City Manager advised that nonprofit organizations could appeal the permit
fee to the Council.
The Planning Director clarified the following modifications: "1. The event
is sponsored and operated exclusively by the school and/or PTA and.., 2. The
event takes place during daylight hours only, after 8 a.m. and until sunset...
and 3. The event does not include outdoor animal shows, mechanized rides...."
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
approve the above policy regarding special events held by public and private
schools with modifications. 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 CLASSIFICATION SPECIFICATION OF RESERVE POLICE
OFFICER - TECHNICAL (TEMPORARY/PART-TIME): The Personnel Director presented ~
the staff report dated November 3, 1992, which described an updated
classification specification for a temporary/part-time position of Reserve
Police Officer-Technical. The adoption of this proposed specification will
serve to include additional areas of technical expertise and training that
would be required of this classification to support law enforcement
operations.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve the classification specification for Reserve Police Officer -
Technical (.temporary/part-time). 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 REVISION OF CLASSIFICATION SPECIFICATIONS AND COMPENSATION
FOR POLICE COMMUNICATIONS SUPERVISOR AND POLICE RECORDS SUPERVISOR: The
Personnel Director summarized the staff report dated November 3, 1992, which
represented a revision of classification specifications for the Police
Communications Supervisor and Police Records Supervisor. It also represented
a salary adjustment for the Police Records Supervisor over a twelve month
period. The issue has been a part of labor negotiations and the City and the
Association have agreed to the revision.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, revising the
classification specifications and compensation for the Police Communications
Supervisor and Police Records Supervisor.
RESOLUTION NO. 4126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
RESOLUTION NO. 3703 BY AMENDING THE SALARY RANGE FOR POLICE RECORDS
SUPERVISOR AND AMENDING THE CLASSIFICATION SPECIFICATIONS FOR THE
CLASSIFICATIONS OF POLICE RECORDS SUPERVISOR AND POLICE COMMUNICATIONS
SUPERVISOR FOR EMPLOYEES IN THE CITY OF CYPRESS.
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CITY COUNCIL MINUTES November 9, 1992 ~ d`••
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 INTERVIEW SESSION FOR APPOINTMENT TO THE
RECREATION & COMMUNITY SERVICES COMMISSION: The staff report dated November
- 3, 1992, advised that staff had advertised for the vacancy on the Cypress
Recreation and Community Services Commission and copies of the six
applications received by the deadline date of October 30, 1992 were attached.
Councilmember Kerry asked in what newspapers the vacancy had been advertised
and the City Manager responded that a press release had been sent to all the
major and the local papers that cover the City. She requested that Commission
vacancies be advertised in the City Newsletter, recommended the article be
placed in the next Newsletter and no interviews be conducted until responses
have been received.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to table this item until February 15 and, in the meantime, advertise in the
Cypress City Newsletter. 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 PROVIDING VIDEOTAPE COPIES OF CITY COUNCIL MEETINGS AND OTHER
CITY PRODUCED PROGRAMS TO THE CYPRESS BRANCH LIBRARY: The Assistant City
Manager reviewed the staff report dated November 3, 1992, which indicated that
staff, in preparing City Council meetings and other City cable programming for
replay by Paragon Cable for their Cypress subscribers, could easily prepare a
second copy for the Cypress Branch of the Orange County Library. The tapes
would be available for check out on a two day loan program and the tape cost
is estimated to not exceed $150.00 per year.
Councilmember Nicholson suggested that this information be placed in the
Cypress City Newsletter.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
authorize staff to provide the video tape copies of City Council meetings and
other City-produced video programs to the Cypress branch library. 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 ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES'
RESOLUTION: The staff report dated November 4, 1992, advised that Resolutions
6-92 and 7-92 of the League will be considered at the General Membership
Meeting scheduled for November 12, 1992.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
support both Resolutions. 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO 1538 -
1772: It was moved by Councilmember Bowman and seconded by Councilmember
Nicholson to approve Warrants No. 1538 through 1772 in the amount of
$708,974.83. 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
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CITY COUNCIL MINUTES November 9, 1992
CONSIDERATION OF CYPRESS GOLF COURS NETTING: This item was added to the
Agenda earlier in the evening. The City Manager reported that there has been
at least one incident where a car windshield was hit by a golf ball from the
course. Upon contacting the golf course personnel, they advised that there
have been two other incidents. As a result, the Cypress Golf Course personnel
has suggested that the City reconsider the netting. The Planning Director
briefly outlined the alternatives: if considered incidental to the
conditional use permit, the netting would be a permitted use subject to design
review and would have to come back to Council before construction; if
considered an amendment to the conditional use permit, the issue is subject to
a public hearing. The City Attorney remarked that the Council can also direct
staff to prepare an application for a temporary use permit, which would come
back to the Council subject to certain conditions and fees.
After further discussion on netting, screening and trees, the City Manager
suggested that the temporary use permit be granted with the condition that
staff return to Council with a modified conditional use permit, which would
include a hearing.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to grant a temporary use permit to the Cypress Golf Course. The motion
carried by the following roll call vote:
Councilmember Age stated she abstained because she had accepted a gift from
the golf course during their Shinto ceremony.
Councilmember Kerry suggested that the temporary use permit be valid for a
period of six months. The City Attorney advised Council to reconsider their
motion to include time constraints.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
reconsider the prior motion. The motion carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
amend the motion to grant the temporary use permit for a period of six months.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
RECESS: Mayor Partin recessed the meeting at 9:45 p.m. to enable the
Councilmembers to meet as the Cypress Redevelopment Agency. The meeting
reconvened at 9:50 with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
CLOSED SESSION: Mayor Partin recessed the meeting at 9:50 p.m. to allow the
Council to enter into a Closed Session to discuss matters of personnel and
litigation. The meeting reconvened at 10:05 p.m. with all Councilmembers
present.
ADJOURNMENT: Mayor Partin adjourned the meeting at 10:05 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY C ERK 0 H CITY F CYPRESS
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