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Minutes 92-12-14 v ~ V .t MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 14, 1992 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, December 14, 1992, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding. PRESENT: Councilmembers Bowman, Nicholson and Kerry ABSENT: Age and Partin Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Storey and Wicker. WORKSHOP SESSION: The Council held a Joint Meeting with the members of the Cypress Senior Citizens Commission to discuss the furnishing needs of the new Senior Center. The main thrust of the discussion was the kind of chair that should be purchased for the center. The Recreation and Park Director reviewed the background discussions by the Commission in the past few months on two types of chairs, upholstered and sculptured plastic chairs for the multi- purpose room. After some discussion and input from the Seniors present, the Council requested that the grey chair (plastic), the brown chair (upholstered) and the Los Alamitos chair (upholstered) be evaluated by the senior citizens. The City Manager suggested that the prices, maintenance and the available storage area be compared, along with the evaluation of the three chairs. The results of the study will be presented to the Council at the January 11, 1993 meeting. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF A ONE-YEAR SERVICE CONTRA T REN WAL FOR THE REMOVAL AND DISPOSAL OF CITY-GENERATED HAZARDOUS WASTE: The City Manager presented the staff report dated November 24, 1992, which described the City's current contract with Disposal Control Service, Inc. for its hazardous waste transportation and disposal. A letter of intent has been submitted from Disposal Control Service to extend the current service contract through 1993. A contract in the amount of $10,000 is recommended, based on prior years' experience. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the renewal of a service contract with Disposal Control, Inc., 1369 W. 9th Street, Upland, CA 91786, to remove, transport and dispose of the City's hazardous wastes, for a one year period ending December 31, 1993, in an amount not to exceed $10,000. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF AWARD OF CONTRACTS FOR PERSONAL COMPUTER NETWORK HARDWAR aNn SOFTWARE: The staff report dated December 14, 1992 identified three of the 12 bids submitted by vendors for 56 separate items in ten categories of: file servers, work stations, printing accessories, network equipment, peripherals, network operating system/relational data base, software, maintenance, training and miscellaneous that meet bid specifications and whose bids are low in the respective categories. Of the 12 respondents, GST, Inc. was the lowest bidder in all categories except two. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to accept the bids from Data Systems Sales, GST, Inc. and Microcomp Enterprises, Inc., as the lowest responsible bidders and award contracts for the products bid as follows: Arlan radio link Data Systems Sales $22,632.68 7690 E. Paseo Laredo Anaheim, CA 92808 1 ,~r" ~ ~..f~~ ~J CITY COUNCIL MINUTES December 14, 1992 file servers, workstations, printing accessories network equipment peripherals network operating system software GST, Inc. $179,589.08 17707 Valley View Ave. Cerritos, CA 90701 Intel Virus NLM Word Perfect 5.1 Microcomp Enterprises, Inc. $11,311.12 The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF AWARD OF CONTRACT FOR THE ASBESTOS ABATEMENT AT THE CITY OF CYPRESS CITY HALL, PUBLIC WORKS PROJECT NO. 9211: The City Manager summarized the staff report dated December 7, 1992 which outlined the six bids received for the asbestos abatement at the City of Cypress City Hall. The apparent low bid of Environmental Control Systems, Inc. is recommended to be disqualified by the City's Consultant, The Earth Technology Corporation and City staff, due to a "not adequately responsive nor responsible" bid submittal. The second apparent low bid of P.W. Stevens Contractors, Inc. did contain irregularities that were not material and that have been rectified. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to: 1) determine the lowest responsible bidder for Public Works Project No. 9211 to be P.W. Stevens Contractors, Inc., 2) award a contract for the asbestos abatement at the City of Cypress City Hall Project to P.W. Stevens Contractors, Inc., 727 S. Ninth Avenue, City of Industry, CA 91745, in the amount of $18,986.00, and 3) reject all other bids. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF PARKING CITATION MANAGEMENT PROGRAM: The Police Chief reviewed the staff report dated November 30, 1992, which provided a background summary of the financial difficulties of the Department's former parking citation management administrator, West Computil. The Police Department has been in contact with Turbo Data and those unprocessed citations currently in West Computil's possession, which require late notices, will be processed for $.40 per citation by Turbo Data. Emergency action was taken at the advice of the City Attorney to facilitate the backlog of approximately 2,000 unprocessed City of Cypress parking citations at $1.00 per citation, $.15 per citation less West Computil's costs. Councilmember Bowman asked if Turbo Data was bonded and the Police Chief stated he would include language to that effect in the contract negotiation. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to direct the Cypress Police Department staff to enter into negotiations with Turbo Data Systems, 14272 Franklin Avenue, Suite 1090, Tustin, CA 92680. Should an acceptable agreement be reached, the City of Cypress, with the approval of the City Attorney, will contract with Turbo Data Systems for parking control management. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin ('ONSIDERATION OF AWARD OF CONTRACT FOR ELECTRONIC SURVEILLANCE EQUIPMENT: The City Manager reviewed the staff report dated December 9, 1992, which revealed that the Police Department's electronic surveillance equipment is over 15 years old and because of its age and condition, has seriously compromised the 2 ~J' CITY COUNCIL MINUTES December 14, 1992 Police Department's ability to safely and effectively work certain drug cases. The technology of electronic surveillance equipment today is much more sophisticated and costly. The City Manager noted that a transfer of funds in the amount of $12,795.00 will be made from Account #4104-28-179-05 to Account #4909-90-656-35. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to determine that it is in the best interest of the City to dispense with formal competitive bidding pursuant to City Code Section 21A-9F and authorize the purchase of the aforementioned electronic surveillance equipment from Audio Intelligence Devices, 1400 N.W. 62nd Street, Fort Lauderdale, Florida 33309 in an amount not to exceed $12,794.93. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin 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 Item No. 14, Consideration of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1992, be removed. Mayor Kerry asked that Item 9, Consideration of Claim Filed by Dr. and Mrs. B.V. Sury, be removed for discussion. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the Consent Calendar Items No. 6 through 20, with the exception of Items No. 9 and 14. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin Item No. 6: Motion to Approve City Council Minutes of the Regular Meeting of November 23, 1992. Recommendation: That the City Council approve the Minutes of November 23, 1992, as submitted. Item No. 7: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 8: Consideration of Attendance to the League of California Cities' Mayors and Council Members Institute. Recommendation: That the City Council authorize the attendance of any interested Council Member and the City Manager to the League of California Cities' Mayors and Council Members Institute, to be held on January 27 - 29, 1993, in Burlingame, CA, and be reimbursed for all actual and necessary expenses incurred. Item No. 10: Consideration of Design Review Committee's Approval of DRC #92- 41, #92-44, and #92-46. Recommendation: Receive and file. Item No. 11: Consideration of Attendance at the League of California Cities' City Manager's Department Annual Meeting. Recommendation: That the City Council authorize the attendance of the League of California Cities' City Manager's Department Annual Meeting, scheduled to be held on February 10 - 12, 1993, in Monterey, CA, and be reimbursed for all actual and necessary expenses incurred. Item No. 12: Consideration of Monthly Investment Program for the Month of October 1992. 3 CITY COUNCIL MINUTES December 14, 1992 Recommendation: Receive and file. Item No. 13: Consideration of Attendance of the Finance Director to the 87th Annual Conference of the Government Finance Officers Association of the United States and Canada. Recommendation: That the City Council authorize the attendance of Richard Storey, Finance Director, to the 87th Annual Conference of the Government Finance Officers Association of the United States and Canada, to be held on May 2 - 5, 1993, in Vancouver, British Columbia, Canada, and be reimbursed for all actual and necessary expenses incurred. Item No. 15: Consideration of Recommendations from the Traffic Commission Meeting of November 17, 1992. Recommendation: That the City Council approve the recommendation of the Traffic Commission, and adopt the Resolution by title only, title as follows, approving the installation of red curb between the driveways of 5642-5632 Sprague Avenue. RESOLUTION NO. 4131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A "NO PARKING ANYTIME" AREA BETWEEN THE DRIVEWAYS OF 5642-5632 SPRAGUE AVENUE. Item No. 16: Consideration of Acceptance of Improvements and Release of Bonds for Parcel Map No. 88-267, Public Works Project No. 8546 (Southwest Corner of Katella Avenue and Valley View Street). ~tecommendation: That the City Council: 1) Accept the Orangewood Avenue Sewer Pump Station for Parcel Map No. 88-267, thereby completing acceptance of all public improvements for said Map, as being satisfactorily completed in accordance with the Plans and Specifications; and 2) Authorize the City Clerk, with the concurrence of the Director of Public Works/City Engineer, to release the Labor and Material Bond, upon expiration of the required lien period, providing no mechanic liens are filed, with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. Item No. 17: Consideration of CATV Commission Recommendation for Copley/Colony Local Programming Ascertainment Survey. Recommendation: That the City Council confirm the CATV Commission's recommendations regarding the Copley/Colony Local Programming Ascertainment Survey. Item No. 18: Consideration of City Manager's Employment Agreement Extension or Termination. Recommendation: If the City Council desires to take any action other than to extend the Contract, it is requested that this matter be discussed in Closed Session. Item No. 19: Consideration of Status of Local Government Implementation of the Air Quality Management Plan. Recommendation: Receive and file. Recreation & Park District Matters: Item No. 20: Consideration of Fee Increase for Lighted Sports Fields Use. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, approve that lighted sports field use fees be increased from $6.42 hourly to $9.00 hourly for nonprofit groups use and from $10.00 hourly to $13.00 hourly for private groups use. END OF CONSENT CALENDAR 4 i •;~'1 CITY COUNCIL MINUTES December 14, 199 ~ ~ Regarding Item No. 14, Consideration of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1992, Councilmember Bowman had a question on terminology, which was addressed by the Finance Director. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin In regard to Item No. 9, Consideration of Claim Filed by Dr. & Mrs. B. V. Sury, Mayor Kerry asked whether this claim needed to go through the procedure because of the small amount of monies involved. The City Manager verified that staff time is not spent on these smaller claims until or unless it is required or determined by the claims adjuster. It was moved by Mayor Kerry and seconded by Councilmember Nicholson to officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. The motion unanimously carried by the following roll call vote AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CLOSED SESSION: Mayor Kerry recessed the meeting at 6:55 p.m. to enable the Council to enter into a Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:40 p.m. with Councilmembers Bowman and Nicholson and Mayor Kerry present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Nicholson. PRESENTATIONS: Mr. Larry Carragher, General Manager of Copley/Colony Cablevision, along with Sheila Elkin, Executive Director of the Cypress Chamber of Commerce, presented a check in the amount of $2,485.00 to First Sergeant Milton for the United States Marine Corps Reserve's 2nd Annual "Toys for Tots" Program. First Sergeant Milton presented a "Certificate of Appreciation" to the City of Cypress and a "Commanding General's Award" to the Cypress Chamber of Commerce. The City Manager reported on the joint meeting with some members of the Senior Citizens Commission and then summarized the actions taken by the City Council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed discussions held during the Closed Session on the following three items: pending litigation involving the City and the Joong Ang Korean Church, potential litigation and labor negotiations. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Don Kennedy, 5843 Holmby Court, Cypress, representing the Boys and Girls Club of Cypress, introduced the new Executive Director of the Boys and Girls Club, Kim Maxwell. Ms. Kim Maxwell, 2 Bear Valley Road, Pomona, advised Council of the plans to make the Boys and Girls Club an organization of which the community will be proud. Mr. David Nadler, 1365 S. Fremont St., Anaheim, employed by a firm in Cypress, mentioned that his car was stolen from his employer's parking lot on Hope Street. There have three or four other such instances there and he asked Council's support for the Police Chief to curb auto thefts in the City. Police Chief Wicker reported that Mr. Nadler's auto was one of four thefts in that complex since September. The Department will be directing additional effort with visible and undercover officers as well to address the problem. 5 P 'y, 1~J CITY COUNCIL MINUTES December 14, 1992 ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF PUBLIC HEARING RE: CYPRESS LIGHTING DISTRICT N0. 2 - 1993: Mayor Kerry declared the public hearing open. The City Manager called upon the Public Works Director to summarize the staff report dated November 30, 1992, which described the two resolutions required to accomplish the final procedures for calendar year 1993 under the Street Lighting Act of 1919. No one wished to speak in support of or in opposition to the request. The motion was made by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and adopt the Resolutions by titles only, titles as follow, confirming the report of the City Engineer dated November 16, 1992 and order the improvement to be made; and naming and ordering the Southern California Edison Company as the only contractor capable of improving and servicing the street lighting system in Cypress Lighting District No. 2. RESOLUTION N0. 4132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED NOVEMBER 16, 1992, PREPARED PURSUANT TO RESOLUTION N0. 4117 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION N0. 4127 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS AND ESTIMATE CONTAINED IN SAID REPORT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION N0. 4128 AND RESOLUTION N0. 4129, APPOINTING THE TIME AND PLACE FOR HEARING PROTESTS, ALL IN ACCORDANCE WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." RESOLUTION N0. 4133 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM IN CYPRESS LIGHTING DISTRICT N0. 2 AND ORDERED TO BE INSTALLED BY RESOLUTION N0. 4128 OF SAID COUNCIL, ALL IN ACCORDANCE WITH, AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF PUBLIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT AUGMENTATION FUNDS: Mayor Kerry opened the public hearing. The Finance Director presented the staff report dated November 9, 1992, which indicated notification had been received from the Auditor-Controller of Orange County that the amount of Special District Augmentation Funds available to the City is $678,628. No one wished to speak for or against the allocation of the funds. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and adopt the Resolution by title only, title as follows, allocating the Special District Augmentation Funds. RESOLUTION N0. 4134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOCATING THE SPECIAL DISTRICT AUGMENTATION FUND. The motion unanimously carried by the following roll call vote: 6 ~~~1 CITY COUNCIL MINUTES December 14, 1992 AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Kerry CONTINUATION OF CONSIDERATION OF UNIFORM BUILDING CODE VIOLATION - PIGEON nnP (NAGLEI: The Public Works Director reviewed the staff report dated November 30, 1992, which related the conditions under the Uniform Building Code that required the pigeon coop structure to be permitted. Under the conditions of Conditional Use Permit No. 91-16 and subsequent reports, a building permit was issued for the coop structure to be brought up to Code requirements. The Building Official advised that a structure of this type required 2x4" framing, continuous foundation, weatherproofing, bracing and basic sheer requirements depending upon the openings used. Mr. David Nagle, 6876 Molokai Drive, Cypress, property owner, volunteered to answer any questions from the Council. After some discussion, it was noted that if the buildings are less than 120 square feet, a building permit was not required, but would still fall within three foot firewall requirement. Councilmember Bowman stated that there is nothing to decide tonight except to receive and file, because the structure has not met the building code requirements. The Planning Director stated that her Department needed to review the site plan and make a determination whether the pigeon coop meets Zoning ordinance regulations. The City Manager suggested that Mr. Nagle meet with the two departments, Building and Planning, to determine what steps need to taken to address all of the issues and those issues that need Council attention, if any, will be brought back. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF CITY COUNCIL APPOINTMENT The staff report dated December 9, 1992 named the present appointees for various organizations and called for reconsideration of those appointments for 1993. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue this item to the meeting of January 11, 1993 due to the absence of two Councilmembers. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin OONSIDERATION OF VACATION OF EXCESS RIGHT-OF-WAY FOR VARIOUS LOCA STREET IOCATED_NORTH OF LINCOLN AVEN.UE,_ PUBLIC WORKS PROJECT N0. 9256: The City Manager asked the Public Works Director to summarize the staff report dated December 1, 1992, which described the ongoing program of reviewing street rights-of-way in the City. Additional local streets, located north of Lincoln Avenue, have excess land areas that are not needed for street improvement purposes. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to concur with the findings of the City staff and direct staff to proceed with street vacation procedures for the excess right-of-way located in back of the sidewalk for the streets listed on Exhibit "B." The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF AN ORDINANCE AM NnTNr TH COMPOSITION OF TH CAB TELEVISION COMMISSION: The Assistant City Manager presented the staff report dated December 8, 1992, which indicated that the CATU Commission had voted unanimously to recommend to the City Council an amendment to the CATV Commission ordinance changing the Commission's ex-officio membership to 7 ~ raw , CITY COUNCIL MINUTES December 14 ,1992 reflect the omission of the Educational Consortium. The ex-officio members would now include the City and the cable franchisee plus each educational institution permitted to use an access channel. In addition, the City Council may appoint any additional access channel users ex-officio membership by resolution. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the first reading of the Ordinance by title only, title as follows, amending Section 2-22 relating to the composition of the Cable Television Commission. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 2-22, RELATING TO THE COMPOSITION ON THE CABLE TELEVISION COMMISSION. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL ENACTING AMENDMENT TO ZONING ORDINANCE N0. 92-5: THE ADDITION OF SECTION 23 - LANDSCAPING: The Planning Director reviewed the staff report dated December 7, 1992, which reported that as a result of the Water Conservation in Landscaping Act, the State Department of Water Resources had adopted a Model Water Efficiency Landscape Ordinance with an effective date of January 1, 1993 for all cities and counties that do not adopt their own Ordinance. Staff had prepared an urgency ordinance amending the Cypress Zoning Ordinance to address the water efficient landscaping requirement and allow Cypress to meet the deadline date. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance adding Section 23, "Landscaping" of Appendix I, "Zoning" of the City code. ORDINANCE N0. 892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTION 23, "LANDSCAPING" OF APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS TO PROVIDE FOR THE USE OF DROUGHT TOLERANT PLANT MATERIAL AND WATER CONSERVATION MEASURES PERTAINING TO LANDSCAPE AND IRRIGATION PURPOSES AND DECLARING THE ORDINANCE TO BE AN URGENCY ORDINANCE. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin rONSIDERATION OF DESIGN REVIEW COMMITTEE N0. 92-42/ZONING DETERMINATIONS RFraRnrN~ TRUCKING AND LOADING FACILITIES AND SECURITY FENCING MATERIAL FOR THE MITSUBISHI OFFIC~/WAREHOUSE/SHOWROOM FACILITY, 11170 VALLEY VIEW STREET: The Planning Director presented the staff report dated December 1, 1992, which represented a request to construct a 38,743 square foot office/warehouse/showroom facility located at 11170 Valley View Street in the Cypress Corporate Center Specific Plan area. Included in the application is a proposed loading facility facing Phyllis Drive. In accordance with the California Environmental Quality Act, a Notice of Negative Declaration of Environmental Impact has been filed for this project. Two of the issues addressed in the report were the truck loading facility and the security fencing located along the north side of the landscaped berm at the south end of the property. The building does require an FAA review and any modifications requested by the FAA will be performed by the applicant. RECESS,: Mayor Kerry called a recess at 8:45 to review the site plans and reconvened the meeting at 8:55 p.m. with all Councilmembers present except Age and Partin. 8 t Ci ~ CITY COUNCIL MINUTES December 14, 1992 Mr. Mark Armbruster, attorney for the applicant, and Bob Yamada, project manager, commented expressing his appreciation to the City of Cypress, stating this project will generate some additional sales tax revenues. The building will be a showroom for major industrial equipment that will be sold onsite which is subject to sales tax. Mr. Yamada explained the configuration of the four loading doors along the north facade of the building and the two loading doors along the east facade. Councilmember Nicholson commented that since chain link is now being used along the channel, it would be suitable to all ow the chain link fencing for this project. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to: 1) certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act; 2) determine chain link is equivalent to wrought iron for security fencing purposes; and 3) determine that the proposed loading facility does not require a conditional use permit and approve Design Review Committee No. 92-42 subject to the conditions in Exhibit "A." The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO 2013 - 2216: It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the Warrants No. 2013 through 2216 in the amount of $674,687.33. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Age and Partin RECESS: Mayor Kerry recessed the meeting at 9:06 p.m. to enable the Council to act as the Redevelopment Agency. The Council meeting reconvened at 9:20 with all Councilmembers present except Age and Partin. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, repeated his complaint that he made some time ago regarding the Council sound system, which is totally adequate because the live audience can't hear. The City Manager advised that staff will check the system. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. CLOSED SESSION: Mayor Kerry recessed the meeting at 9:25 p.m. to enable the Council to enter into a Closed Session to discuss matters of personnel and litigation. ADJOURNMENT: Mayor Kerry adjourned the meeting at 10:50 p.m. to Friday, December 18, 1992, at 4:00 p.m. in the Administrative Conference Room. MAYOR OF THE CITY 0 RESS ATTEST: ~n ' ~ . CITY C E K OF E CIT OF CYPRESS 9