Minutes 93-01-25
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 25, 1993
The Regular Meeting of the Cypress City Council was called to order at 4:34 p.m.,
Monday, January 25, 1993, in the Administrative Conference Room, City Hall, 5275
Orange Avenue, Cypress, Mayor Gail Kerry presiding.
PRESENT: Councilmembera Age, Bowman, Nicholson, Partin and Kerry
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney John
Cavanaugh, staff members Eynon, Chavez and Palmer
WORKSHOP SESSION: Review of Three Story Multiple-Family Structures Study.
Discussions were conducted, along with a elide presentation picturing the
appearance of various multiple family dwellings in and around the City of
Cypress. Councilmembers provided their input to staff who will return with
suggestions for resolving those issues.
RECESS: Mayor Kerry recessed the meeting at 5:35 p.m. and reconvened in the
Council Chamber at 5:41 p.m. with all Councilmembers 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.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
The City Manager asked the Council to consider adding two items to the Agenda.
He advised that a request had been received regarding signage and he asked the
Planning Director to summarize the request for addition to the Consent
Calendar. The Planning Director advised that the existing Security Pacific
building at Walker and Rome had been transferred to the Bank of America. All
of the signs can be changed without a problem except the pole sign that was in
the way of some Edison lines and as a result had to proceed through Design
Review with some necessary changes to the sign and its location. The
applicant is in the audience to answer any questions.
It was moved by Councilmember Partin and seconded by Councilmember Bowman to
add this item to the Consent Calendar as Item No. 19a. Councilmember Age
stated she would abstain from the vote because she is an employee of the Bank
of America. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
The Planning Director noted that staff's recommendation would be to receive
and file the Design Review Committee's approval.
The City Manager suggested that the second item on the Cable Act of 1992 be
added to the 7:30 p.m. Agenda under New Business as Item No. 30A.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to add this item to the Agenda under New Business. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR CONSULTANT SERVICES FOR PREPARATION OF
PLANS AND SPECIFICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS NOS.
8742 (DELONG STREET) AND 8743 jWATSON STREET), AND ACACIA AVENUE STORM DRAIN
FACILITY PROJECT NO. 9141: The City Manager asked the Public Works Director
to summarize the staff report dated January 13,.1993, which named the
consultant selected to complete the proposals. Hunsaker & Associates Irvine,
Inc. was selected as the most qualified firm and a contract was negotiated for
performing these services for a not-to-exceed fee of $33,168.00. Funds
required to cover these costs will be appropriated from the General Fund
balance and the Drainage Fund balance. The fee shall be split between
Accounts No. 4186-11-451-21 and 4186-11-448-24.
it was moved by Councilmember Age and seconded by Councilmember Nicholson to:
1. Award a contract for consultant services to Hunsaker & Associates
Irvine, Inc., Three Hughes, Irvine, CA 92718, for preparation of plans
and specifications for the above-mentioned projects, for a fee not to
exceed $33,168.00;
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CITY COUNCIL MINUTES January 25, 1993
2. Approve the appropriation of $13,448.00 from the fund balance of the
Drainage Fund to Account No. 4186-11-451-21.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICES: The Public Works
Director presented the staff report dated January 14, 1993, which indicated
that Cypress Car Wash has offered to renew this contract for a one year period
ending January 31, 1994, with no increase in its current prices. The current
rate of $3.25 per car, $5.00 per large truck or van and $1.00 for vacuum only
or air freshener only was established in 1992.
Councilmember Partin expressed his disappointment in the way this car wash
maintains its equipment.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to authorize the renewal of the car wash service contract with Cypress Car
Wash, 9971 Valley View Street, Cypress, CA 90630 for a one year period from
February 1, 1993 through January 31, 1994, with no increase in price. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCZLMEMBERS: None
CONSIDERATION OF ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE MATERIALS:
The City Manager requested the Public Works Director to summarize the staff
report dated January 14, 1993, which outlined the unit prices offered by three
asphalt concrete companies. All American Asphalt Co. has offered contract
renewal prices for a one year period ending December 8, 1993, with no rate
increase. All American's plant is located nearby requiring less travel time
and they provide Cypress crews pick up priority. Both these factors far exceed
the unit price per ton difference. It was moved by Councilmember Partin and
seconded by Councilmember Bowman to award an annual purchase contract for
asphalt concrete products to All American Asphalt Co., 14274 Magnolia Ave.,
P.O. Box 2229, Corona, CA 91718-2229, in an amount not to exceed $26,000.00
for a one year period ending January 31, 1994. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACTS FOR PURCHASE OF CYPRESS SENIOR CITIZENS
CENTER FURNITURE. RE UEST FOR QUOTATION NO. 9293-4: The Recreation and Park
Director reviewed the staff report dated January 18, 1993, which listed the
successful bidders for the purchase of various pieces of furniture for the
Cypress Senior Citizens Center. All vendors did not bid on all of the
specified furniture items.
The Finance Director reported that based on projections, they will be under
budget on furniture purchases at the present time. Responding to
Councilmember Age, the Recreation and Parka Director replied that a sound
system, the billiard room, chairs, piano and computers need to be purchased
and are well under the estimated cost at this time.
He reported that a Day Care Center, as part of the Senior Center, was
discussed and the comments received addressed the possible incompatibility
with the Senior Center and that adding the Senior Day Care Center was
eliminated early in the process.
It was moved by Councilmember Age and seconded by Councilmember Bowman to:
1 Accept the award of contract for those bidders listed in the staff
report.
2. Authorize staff to issue a purchase order for the purchase of office
furniture as listed in the staff report for the Cypress Senior Citizens
Center, in the amount of $65,020.51, from Account No. 4104-12-521.24.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES January 25, 1993
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 Age requested that Items 8 and 19a be pulled; Councilmember
Nicholson also removed Item 8; Councilmember Bowman asked that Items No. 7 and
- 19 be removed and Mayor Kerry pulled Item No. 14. The Public Works Director
asked that item No. 16 be considered for an additional recommendation.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
approve the Consent Calendar Items No. 5 through 20, with the exception of
Items No. 7, 8, 14, 16, 19 and 19a. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item No. 5: Motion to Approve City Council Minutes of the Regular Meeting of
December 28, 1992 and the Regular Meeting of January 11, 1993.
Recommendation: That the City Council approve the Minutes of December 28,
1992 and January 11, 1993, as submitted.
Item No. 6: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 9: Consideration of Monthly Investment Program for the Month of
December 1992.
Recommendation: Receive and file.
Item No. 10: Consideration of Acceptance of "Pavement Rehabilitation of
Holder Street (Stanton Storm Channel to South Cypress City Limit) AHFP No.
1303, and Orangewood Avenue (Valley View Street to Holder Street), AHFP No.
1304", Public Works Projects Nos. 9110 and 9111.
Recommendation: That the City Council: 1) Accept the work of the Pavement
Rehabilitation of Holder Street and Orangewood Avenue, Public Works Projects
Nos. 9110 and 9111, as being satisfactorily completed; 2) Approve the final
retention payment to R.J. Noble Company, 15505 Lincoln Avenue, Orange,
California 92666, 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 of objections have been
filed, an to release the Faithful Performance Bond upon the expiration of one
year's guarantee upon concurrence of the Director of Public Works.
Item No. 11: Consideration of Acceptance and Assessment for Abatement of
Seasonal and Recurring Weeds for Phase I of the 1992/93 Program.
Recommendation: That the City Council: 1) Accept the work of weed and
rubbish abatement as being satisfactorily completed in accordance with the
specifications for the work; 2) Adopt the Resolution by title only, title as
follows, confirming weed abatement assessments and imposing special
assessments as a lien on the parcels shown on Exhibit "A"; and 3) Approve the
contract cost with Edwin Webber, Inc., of Huntington Beach, California, in the
amount of $2,512.92.
RESOLUTION NO. 4136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN
THE CITY OF CYPRESS.
Item No. 12: Consideration of Proclaiming February 8 - 12, 1993, as "Give
Your Heart to Casa Week".
Recommendation: That the Mayor and City Council officially proclaim February
8 - 12, 1993, as "Give Your Heart to Casa Week" in the City of Cypress as
requested by the Casa Youth Shelter.
Item No. 13: Consideration of Adoption of an Ordinance to Add Section 22-10
and Amend Section 25-29 of the Cypress City Code, Public Works Project No.
9241.
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CITY COUNCIL MINUTES January 25, 1993
Recommendation: That the City Council approve the first reading of the
Ordinance adding Section 22-10 and amending Section 25-29 of the Code of the
City of Cypress.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ADDING SECTION 22-10, "SEWER DESIGN AND CONSTRUCTION STANDARDS," TO
CHAPTER 22, "SEWERS AND SEWERAGE DISPOSAL" TO THE CODE OF THE CITY OF
CYPRESS AND AMENDING SECTION 25-29, "PUBLIC IMPROVEMENTS," OF CHAPTER
25, "SUBDIVISIONS," OF THE CODE OF THE CITY OF CYPRESS.
Item No. 15: Consideration of Renewal of Maintenance Contract for the
Cleaning of Cypress Village Public Parking Areas.
Recommendation: That the City Council renew the maintenance contract with
Larry Sweeden's Landscape Maintenance Company, 15189 Sierra Bonita, Chino,
California 91710, for the weekly cleaning of the public parking areas in Tract
8126, for a one year period at $300.00 per month.
Item No. 17: Consideration of Refund of Cash Deposit for Future Street
Improvements at 8662 Acacia Drive, Mr. Art Mouw, Public Works Project No.
9209, DRC No. 92-5.
Recommendation: That the City Council authorize staff to release the cash
deposit of $4,690.00 for future street improvements at 8662 Acacia Drive to
Mr. Art Mouw, 17818 Regent View, Bellflower, California 90706.
Item No. 18: Consideration of Approval of 18th Year Community Development
Block Grant Contracts.
Recommendation: That the City Council authorize the Mayor to sign the
contracts listed below at such time as they are received by City staff:
1. Contract No. C41138 - $50,000 for Housing Rehabilitation.
2. Contract No. C41139 - $50,000 for Public Improvements on Watson and
DeLong Streets.
3 Contract No. C41140 - $50,000 for additional funding for the Cypress
Senior Center.
Recreation & Park District Matters:
Item No. 20: Consideration of Donation of Funds Received from Hilbert and
Associates, Inc., Health Charity Fund.
Recommendation: That the City Council, acting as the ex-officio governing
Board of Directors of the Cypress Recreation and Park District: 1) Formally
accept the donation in the amount of $153.75 from the participants in the
Hilbert and Associates, Inc., Health Charity Fund; and 2) Appropriate $154.00
from the Cypress Recreation nd Park District's General Fund Balance to 4187-
12-317-10 for the purchase of equipment and other services benefiting the Home
Meals Program.
END OF CONSENT CALENDAR
Regarding Item No. 7, Continuation of Consideration of Design Review Committee
No. 92-48, Exterior Remodel of Commercial Center, 5171-5185 Lincoln Avenue,
Councilmember Bowman stated that it was his understanding that the City was
not requiring the additional seven foot right-of-way. The Public Works
Director explained that this matter had been discussed but there was a concern
about the City losing its qualification for gas tax and other County funds.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
receive and file Design Review Committee No. 92-48, subject to the conditions
in Exhibit "A" attached to the staff report dated January 19, 1993.
In regard to Item No. 8, Consideration of Council Attendance at the Southern
California Association of Governments' Annual Regional General Assembly on
March 11 - 12, 1993, Councilmember Nicholson suggested that in keeping with
bringing costs down, she moved that Councilmember Bowman be the sole
representative to the Southern California Association of Governments' (SLAG)
Annual Regional General Assembly to be held on March 11 - 12, 1993, at the
Radisson Hotel & Convention Center, San Bernardino, and be reimbursed for all
actual and necessary expenses incurred. The motion was seconded by
Councilmember Age and unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES January 25, 1993
Referencing Item No. 14, Consideration of Resolution Requesting the Orange
County Transportation Authority and the Board of Supervisors to Include Within
the Orange County Combined Transportation Funding Program the Improvement of
Various Street Projects, Councilmember Bowman questioned the amount of money
to be spent for signalization on Walker Street, which is not a major
thoroughfare. The Public Works Director advised that the City is in
competition for funds and if there is another project that qualifies for this
money, it can be substituted. After some further discussion, it was moved by
Councilmember Bowman and seconded by Councilmember Nicholson to: 1) Authorize
staff to submit to the Orange County Local Transportation Authority the
installation of a hardwire traffic signal interconnect system on Walker
Street; 2) Adopt the Resolution by title only, title as follows, approving the
submittal of the Walker Street Traffic Signal Interconnect improvement project
to the Orange County Transportation Authority for funding under the Combined
Transportation Funding Program; and 3) authorize staff to proceed with all
required preparation to implement this project during the 1993-94 Fiscal Year.
RESOLUTION NO. 4137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A
SUBMITTAL OF THE WALKER STREET TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT
PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE COMBINED TRANSPORTATION FUNDING PROGRAM.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding Item No. 16, Consideration of Intention to Vacate Portions of Saint
Ann Avenue, Vonnie Lane, Danny Avenue, Cypress Avenue, Sprague Avenue, and La
Homa Street, the Public Works Director added the phrase, "and Certify the
Negative Declaration in accordance with the California Environmental Quality
Act" to the recommendation. It was moved by Councilmember Bowman and seconded
by Councilmember Age to adopt the Resolution by title only, title as follows,
declaring its intention to order the vacation of portions of Saint Ann Avenue,
Vonnie Lane, Danny Avenue, Cypress Avenue, Sprague Avenue, and La Homa Street
and to certify the Negative Declaration in accordance with the California
Environmental Quality Act.
RESOLUTION NO. 4138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS
INTENTION TO VACATE PORTIONS OF SAINT ANN AVENUE, VONNIE LANE, DANNY
AVENUE, CYPRESS AVENUE, SPRAGUE AVENUE, AND LA HOMA STREET.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Item No. 19, Consideration of Supporting Legislation (AB 175)
Extending Redevelopment Agency Immunity for Cleanup of Contaminated Sites, the
City Attorney, in responding to Councilmember Bowman, advised that this bill
will continue the immunity afforded to the City for any remedial coats or
liability taken on property that requires cleanup in the Redevelopment area.
After some discussion, it was suggested by the City Attorney that he provide
Council with a report on the details of AB 175 at the next meeting. It was
moved by Councilmember Bowman and seconded by Councilmember Nicholson to
continue this item. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In reference to Item 19a, Design Review Committee No. 93-1, Pole Sign for the
Bank of America building, Councilmember Age stated she had removed this item "
to abstain from the vote since she is an employee of that company. It was
moved by Councilmember Partin and seconded by Councilmember Bowman to receive
and file the Committee's approval of DRC 93-1. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
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CLOSED SESSION: Mayor Kerry recessed the meeting at 6:26 p.m. to allow the
Council to enter into Closed Session to discuss matters of personnel and
litigation. The meeting reconvened at 7:45 p.m. with all Councilmembers
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.
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Age.
PRESENTATION: Mayor Kerry read and presented a Mayor's Proclamation to the
Cypress POPS Orchestra, represented by John and Marie Hall, as they celebrate
their 5th Anniversary.- ktr. Hall commended City staff for their support which
contributes immensely to their programs.
The City Manager reviewed the 4:30 p.m. Workshop Session with discussion and a
slide presentation on the three story multiple family structure study and he
then summarized the actions taken by the City Council during the 5:30 p.m.
portion of the agenda.
The City Attorney reviewed the discussions held during the Closed Seasion on
labor negotiations and potential litigation.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
No one wished to speak.
Mayor Kerry announced that there is an Agenda item on a letter received from
Mr. Lloyd Arnold of the Los Alamitos, Race Course. The matter is not a public
hearing but time will be allowed for public input under Oral Communications
for Matters on the Agenda.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
Mrs. Bernice Place, 6572 Biak Street, Cypress, spoke on her visits to a couple
of card clubs in the area. She felt property values would decrease and
problems of increased crime would result from a card so she opposed this type
of business.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 92-5,
ADDITION OF SECTION 23 LANDSCAPING: Mayor Kerry opened the hearing. The
Planning Director presented the staff report dated January 14, 1993,
describing the results of the passage of Assembly Bill No. 325, the Water
Conservation in Landscaping Act. The State Model Ordinance automatically went
into effect on January 1, 1993 in all California cities and counties that did
not adopt their own local water efficiency landscape ordinances. The proposed
general landscape ordinance included the required provisions of a water
efficiency landscape ordinance, served the interests of the City of Cypress
while meeting the intent and minimum requirements of the State Water
Conservation in Landscaping Act.
No one wished to speak-in support of or in opposition to the ordinance.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
close the public hearing and approve the first reading of the Ordinance by
title only, title as follows, to provide for the use of drought tolerant plant
material and water conservation measures pertaining to landscape and
irrigation purposes.
ORDINANCE NO.
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 CONSIDERATION MEASURES PERTAINING TO LANDSCAPE AND
IRRIGATION PURPOSES.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Manager commented that an effort is being made to use the same type
of material in parks and parkways.
CONSIDERATION OF COMMUNICATION FROM MR. LLOYD ARNOLD OF THE LOS ALAMITOS RACE
COURSE, REQUESTING THE CITY COUNCIL TO CALL A SPECIAL ELECTION ON JUNE 8.
1993 FOR SUBMITTAL OF A MEASURE RELATIVE TO BUILDING A CARD CLUB ADJACENT TO
THE GRANDSTAND FACILITY AT 4961 KATELLA AVENUE: The City Manager referred to
the staff report dated January 19, 1993, which indicated a communication was
received from Mr. Lloyd Arnold of the Los Alamitos Race Course requesting the
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City Council to call a special election on June 8, 1993, for the submittal of
a measure relative to building a card club adjacent to the grandstand facility
at 4961 Katella Avenue.
Mr. Lloyd Arnold, 4961 Katella Avenue, Cypress, representing Loa Alamitos Race
Course, presented the Council with some fact sheets on the proposed club. He
pledged that the proposed $30 million Cypress Club will consist of an art
theatre with community meeting rooms and banquet facilities; at least one
first-class restaurant and a 24 hour restaurant. Responding to Councilmember
Age, Mr. Arnold stated that there are two options, either tear down the
present grandstand and build a new three story building or build a structure
adjacent to the present grandstand with the citizens of Cypress afforded the
first opportunity for a job. He stated that the revenues received from a card
club would allow upgrading of schools, a City Fire Department, upgraded police
department and he would like a percentage of the revenue received from the
club to be set aside in a separate fund for the citizens. He asked the
citizens not to make up their minds until all the information has been made
available. They are asking to be placed on the ballot June 8.
Councilmember Bowman stated that there are many unanswered questions, he opted
for a public hearing on this issue and recommended it be scheduled for the
next Council meeting.
The City Manager clarified that the notice for the public hearing would be the
consideration of the issue of placing the proposed card parlor on the ballot.
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
set a public hearing for February 8, on placing the issue of a card parlor in
the City of Cypress on the June 8 ballot. The City Attorney advised that he
would unable to report to Council on all the legal ramifications of this issue
until the February 22 meeting. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Kerry noted that Mr. Arnold's letter stated they would pay for the coat
of the election. She requested that the Police Department provide Council
with any problems, the crime rate and any other information on Card Clubs from
those communities that have them. Councilmember Partin requested a comparison
of crime statistics from Card Clubs and Cypress businesses, including the race
track and large commercial sites, plus a summary of what has been discussed in
the past.
Councilmember Bowman requested that the Finance Director break out what the
tax revenue generated from gambling is presently as to simulcast and live race
betting and that amount be compared to the total budget of the City. He asked
if the project would trigger an EIR and if it does, what would be the
timeframe. The City Manager requested that he be provided with the ballot
measure wording of the ballot measure of the City of Inglewood. Councilmember
Bowman requested copies of the wording in the other cities that have proposed
card clubs.
CONSIDERATION OF STUDY OF THREE-STORY MULTIPLE-FAMILY STRUCTURES: The City
Manager called upon the Planning Director to present the staff report dated
November 2, 1992, which described the various design issues related to three-
story, multiple-family development. At the 4:30 p.m. workshop, a slide
presentation was made to the Council of different buildings in Cypress to
address issues that relate to the development of multi-family structures and
more specifically, three story buildings. Due to the high water table, lot
configuration and the cost of land, the Planning Department has been working
with Developers to arrive at projects that are aesthetically pleasing, as well
as meeting the intent of the design review guidelines. Staff is requesting
direction from the City Council regarding the neighborhood character desired
within the multiple-family residential zones of Cypress, especially the areas
in transition. After receiving this input from the Council, staff will return
with suggestions for resolving design issues identified in the slide
presentation.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
receive and file the study. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CONSIDERATION OF REPORT RELATIVE TO CITY FUEL ISLAND FACILITY, CITY OF CYPRESS
PROJECT NO. 8876: The Public Works Director summarized the staff report dated
January 18, 1993, which provided an update on the status of the City Fuel
Island Facility. Some of the items addressed were that permission had been
obtained from the County of Orange Health Agency to use the previously
excavated, treated soil on constructions sites, pollution legal liability
insurance and the establishment of price per gallon for selling fuel to other
agencies.
Responding to Councilmember Age, the City Attorney replied that this insurance
policy would protect the City beyond the 30 year warranty provided by the
contractors. If there is no insurance and leakage occurs that is not covered
by the existing warranty, the City would be subject to liability for any
cleanup coats.
After discussion on the unit prices for fuel to sell to other agencies,
Councilmember Bowman expressed the desire for insurance but would change the
unit price for the fuel and increase the proposed price by $.20. The City
Manager suggested that the fuel pricing be reconsidered.
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
authorize the purchase of the pollution legal liability insurance as outlined
in Exhibit "B". The issue of the fuel charges per gallon for selling to other
agencies will be continued to a later meeting. Councilmember Age advised that
she would vote "no" on this item because the tanks are double lined with 30
year warranties and Cypress is the only city around that has underground tanks
that will be insured. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 1 COUNCILMEMBERS: Age
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AN INCREASE IN THE SELF-FUNDED DENTAL PLAN CLAIMS
ADMINISTRATION FEE: The Assistant City Manager presented the staff report
dated January 18, 1993, which advised that the third part administrator for
the two self-funded benefit plan programs, dental and short term disability,
were bought out by Mutual Administrators. Effective February 1, 1993, Mutual
proposed a dental fee increase from $1.38 to $2.00 per employee per month.
Both the broker and staff recommend that the City enter into a contract with
Mutual Administrators, based on cost and overall service, for STD and dental
claims administration at $1.00 and $2.00 per employee, per month,
respectively. With approximately 166 employees enrolled in both of these
plans, the annual total contract for claims administration for both plans is
$5,976.
It was moved by Councilmember Bowman and seconded by Councilmember Age that
the City Council, and acting as ex-officio governing Board of Directors of the
Cypress Recreation and Park District, authorize staff to enter into a contract
with Mutual Administrators for STD and dental claims administration for the
1993 plan year as outlined in the staff report.
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding Item No. 24, Councilmember Bowman stated that the second part of the
recommendation on the operation of the fuel facility was overlooked and he so
moved to commence full operation of the City Fuel Island Facility.
Councilmember Nicholson seconded the motion and the motion was carried by the
following roll vote:
AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 1 COUNCILMEMBERS: Age
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPLICATIONS RECEIVED FOR THE NONCONFORMING HEARING
BOARD/BODY: The Planning Director reviewed the staff report dated January 11,
1993, which stated that the City issued a press release in the Cypress
Newsletter soliciting applications from Cypress citizens to become members of
the newly created Hearing Body/Board. The Committee would be comprised or
three Cypress citizens and two City staff persons. A total of six citizen
applications are being submitted for Council review and selection.
Councilmember Partin stated that there were only five applications.
It was moved by Councilmember Bowman that each of the applicants be
interviewed by Council beginning at 5:00 p.m. prior to the February 8, 1993
meeting. The motion was seconded by Councilmember Age and unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
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NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCZLMEMBERS: None
CONSIDERATION OF CHILD CARE CENTER PARKING STUDY PRE IMINARY FINDINGS AND
RECOMMENDATIONS: The City Manager requested the Planning Director present the
staff report dated January 18, 1993, which complied with a Council request to
study the parking needs for child care centers and return with a report on the
results of the research. The report summarized staff's observations and the
information gathered from three major sources: 1) a survey of other Orange
County cities; 2) onsite monitoring of existing child care centers; and 3)
review of professional planning reports on the subject. She reported the ~
other issue that was identified in their research was that a loading area is
as important as the actual number of parking spaces.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
authorize staff to prepare an amendment to the Zoning Ordinance to provide a
second parking option for child care centers. This option would allow the
applicant or staff to request a parking plan subject to the results of a
parking study as part of the conditional use permit process. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF COMMISSIONERS' TERMS OF OFFICE: The City Manager presented
the staff report dated January 19, 1993, which indicated that the terms of
office for several commissioners would be due to expire. Traffic Commissioner
Linda Keenan's term will expire February 13, 1993; Cultural Arts Commissioner
Jewell Tolkin, Senior Citizens Commissioners Mary Dobrick, Verna Dodson and
Nellie Noe will expire on February 27, 1993. All Commissioners are eligible
for reappointment and they have all indicated that desire. Attached was a
copy of a letter of resignation from Alternate to the Senior Citizen
Commission, Shannon DeCou effective January 13, 1993.
Councilmember Nicholson asked if the vacancy would be advertised in the
Cypress Newsletter and the City Manager advised that the vacancy will be
advertised in both the newsletter and the newspaper.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
reappoint the above-named Commissioners and authorize staff to advertise for
the Alternate to the Senior Citizens Commission due to the vacancy created by
the resignation of Mr. Shannon DeCou.
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ATTENDANCE AT THE 1993 CYPRESS COLLEGE AMERICANA AWARDS
BANQUET: The City Manager referred to the staff report dated January 19,
1993, which indicated that the Council had received invitations from the
Cypress College Americana Banquet Committee requesting their participation in
this annual event, honoring Mr. John Lawler, be held on February 20, 1993 at
the Disneyland Hotel. In the past, the City supported this event by
purchasing a table of ten, which would cost $1,350.
Councilmember Age suggested that instead of purchasing a table that the City
buy seats for those Councilmembers who wished to attend. Mayor Kerry advised
that she will be unable to attend this function. Councilmember Nicholson
stated that this is the second year in a row that Cypress College has decided
to bestow their Americana Award on someone who has done something extra for
the college, not for the Cypress community. As a protest, she will not attend
this function. Councilmember Bowman commented that several issues are
involved, the primary one is the money collected by the foundation is for
students and he is in favor of the Council purchasing a table. Councilmember
Partin remarked that this function has changed over the years and he is not
entirely happy with the change, but it now may be the college's major
fundraiser and he concurred with Councilmember Bowman's support of this event.
Mayor Kerry stated that the selection process of the foundation has been a
slap in the face to the volunteers of the community for several years. With
the budget constraints this year, she would support the purchase of tickets
only for those Councilmembers and their spouses that are going to attend.
It was moved by Councilmember Age and seconded by Councilmember Partin to
authorize the purchase of tickets for any City Councilmember and their spouse
who would like to attend the Americana Awards. Councilmember Bowman stated he
would vote against the motion because he felt spouses' tickets should not be
paid for by the City and the City should purchase a table. The motion carried
by the following roll call vote:
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AYES: 3 COUNCILMEMBERS: Aqe, Partin and Kerry
NOES: 2 COUNCILMEMBERS: Bowman and Nicholson
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 2660 -
2855: It was moved by Councilmember Partin and seconded by Councilmember Age
to approve Warrants No. 2660 through 2855 in the amount of $704,013.90. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CANCTTFD~TTAN AF f]nMMT)NT[SATTAN FRAM THE. T.F.ACi1F CF CAL2FORNSA CITIES REGARDING
CABLE TELEVISION. FCC PROPOSED RATE REGULATIONS: The City Manager advised
that a communication was received today from the League of California Cities
in an effort to provide cities with more authority in regulating the rates of
cable companies. The League is asking for the Council's support. The
Assistant City Manager added that the City would be a separate co-signer on
the League's position paper that is being subrAitted to the FCC. The other
issue is to make sure that when joint agencies that are served by a cable
operator, there are no unusual rules that would tie this City to that other
agency. He advised that the rollback may be a serious issue because there
have been two increases since this legislation was introduced.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to support the League of California Cities and be added as a separate co-
signer. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Aqe, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCZLMEMBERS: None
Recreation & Park District Matters:
CONSIDERATION OF COMMUNITY CENTER FEE POLICY: The City Manager called upon
the Director of Recreation & Parks to summarize the staff report dated January
15, 1993, which advised that the Recreation and Community Services Commission
unanimously voted to recommend to the City Council that the Cypress Community
Center fees be increased effective February 15, 1993 as proposed by staff.
The last general fee increase was implemented in May 1989. Currently, no fee
is charged to non-profit groups for use of the Community Center Conference
Room and Mezzanine. It is proposed that the $15 meeting fee be increased to
$30 for a maximum of three hours and that groups conducting gatherings be
charged $100 for a maximum of three hours.
Councilmember Age stated that the proposed increases are too high and she is
not in favor of the recommendation. Mayor Kerry commented that she does not
have a problem with some of the increases but an increase of 100$ to the non-
profit resident group is substantial. It was moved by Councilmember Bowman
that the City Council, acting as the ex-officio governing Board of Director
for the Cypress Recreation and Park District approve the Cypress Community
Center fee increases, effective February 15, 1993, as recommended by the
Recreation and Community Services Commission. Councilmember Partin remarked
that the Commission has studied this issue, MSI has recommended a considerable
increase and he seconded the motion. The motion failed with the following
roll call vote:
AYES: 2 COUNCILMEMBERS: Bowman and Partin
NOES: 3 COUNCILMEMBERS: Age, Nicholson and Kerry
ABSENT: 0 COUNCILMEMBERS: None
it was moved 'by Councilmember Partin and seconded by Councilmember Nicholson
that the City Council, acting s the ex-officio governing Board of Directors
for the Cypress Recreation and Park District, approve the Cypress Community
Center fee increases, except with a 50$ increase in the fee for non-profit
organizations, effective February 15, 1993, as recommended by the Recreation
and Community Services Commission. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCZLMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: O COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda
Councilmember Age reminded the audience that D.A.R.E. graduations are being
held, they have been very successful and some fine essays have been read.
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Ms. Bernice Place asked Council if only Cypress residents were allowed to
speak at the public hearing on the card club. Mayor Kerry answered that
whoever wishes to speak would be allowed to do so.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
RECESS: Mayor Kerry recessed the meeting for a Closed Session to enable the
Council to discuss litigation matters. The meeting reconvened at 10:50 p.m.
with all Councilmembers present.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 10:50 p.m. to 9:00 a.m., F
February 6, 1993 at Ben Brown's Aliso Creek, 81106 Pacific Coast Hwy., Laguna
Beach.
MAYOR OF THE CITY OF C P SS
ATTEST: ~'1
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CITY L OF T C TY F CYPRESS
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