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Minutes 93-05-24 r r ~ c~- ~ - t ~ o' MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 24, 1993 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday, May 24, 1993, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding. PRESENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Mary Ann Jones, 6872 Jonathan Avenue, Cypress, stated she still had questions regarding the proposed ordinance. The City Attorney responded that if Measure A does not pass, the ordinance does not go into effect. CONSIDERATION OF CONTRACT RENEWAL FOR PRINTING OF CYPRESS CITY NEWS: The Assistant City Manager presented the staff report dated May 18, 1993 indicating that staff was successful in negotiating a contract renewal with McCoy Printers, Inc., with no rate increase and no change to the current contract specifications for the 1993/94 year. Councilmember Bowman commented that if the City is considering reducing the Police force, this item could be eliminated prior to a reduction in the Police force. Mayor Kerry remarked that she would consider postponing the renewal until after budget review to determine if it could be combined with the Park & Recreation District brochure. The Assistant City Manager advised that the contract could be cancelled after the fact if the Council so desired. It was moved by Councilmember Partin and seconded by Councilmember Age to waive the bid process for printing services for Cypress City News and approve a contract renewal for McCoy Printers, Inc., 2907 Supply Avenue, Commerce, CA 90040-27-7, to provide printing services for Cypress City News for the period of July 24, 1993 to July 23, 1994 not to exceed $16,992.00 for four (4) issues of an eight (8) page publication. 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 CUNSIDERATION OF AWARD OF CONTRACT FOR SENIOR CITIZENS NUTRITION TRANSPORTATION: The Director of Recreation and Park District summarized the staff report dated May 18, 1993, which advised that the OCCTSA entered into an agreement with the County of Orange to provide transportation services for the elderly. The OCCTSA currently provides transportation to Cypress citizens to the Cypress Nutrition Program five days per week. The Cypress transportation share cost is $11,500.00 for the 1993-94 Fiscal Year. The Director suggested that the recommendation include the wording, "not to exceed" $11,500.00. It was moved by Councilmember Age and seconded by Councilmember Bowman that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the transportation contract with the Orange County Consolidated Transportation Service Agency for the Fiscal Year 1993-94, at a cost of $11,500.00 payable to the OCCTSA for the performance of the contract. Councilmember Age requested that the Park and Recreation District Director inform the Seniors that their hot meal program is safe even if Measure A doesn't pass. The motion unanimously carried by the following roll call vote: 1 ~ ~ L ~ CITY COUNCIL MINUTES May 24, 1993 AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry 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 Age requested that Item No. 13, Consideration of Report of Contract Change Order No. 8 - Senior Citizens Center be removed. Councilmember Nicholson asked that Item No. 6, Consideration of Claim Filed by James P. Cooper, III, Attorney at Law, on behalf of Mark B. Gruver be removed and Mayor Kerry requested that Item No. 12, Consideration of Request from the Cypress Twirlers Square Dance Club to Use the Civic Center be pulled. It was moved by Councilmember Partin and seconded by Councilmember Bowman to approve the Consent Calendar Items No. 3 through 15 with the exception of Items No. 6, 12 and 13. 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. 3: Motion to Approve City Council Minutes of the Adjourned Regular Meeting of May 3, 1993 and the Regular Meeting of May 10, 1993. Recommendation: That the City Council approve the Minutes of May 3, 1993 and May 10, 1993, as submitted. 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 Graffiti Vandalism Ordinance. Recommendation: That the Mayor and City Council continue this item to the June 14, 1993 City Council Meeting. Item No. 7: Consideration of Joint Police Communications and Records Consolidation Study for the Cities of Cypress, Los Alamitos and Seal Beach. Recommendation: That the City Council authorize an appropriation in the amount of $2,107.00 to Account No. 4189-11-169-05 ($1,833.00) and Account No. 4189-11-170-05 ($274.00). Item No. 8: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Khaled Ali Hammad, D.B.A. Papa Joe's Market & Deli, 5961 Cerritos Avenue, Cypress. Recommendation: Receive and file. Item No. 9: Consideration of Resolution Commending Reverend John R. Keller for His 18 Years of Service to the Community as Pastor of St. Irenaeus Church. Recommendation: That the City Council adopt the Resolution Commending Reverend John R. Keller for His 18 Years of Outstanding Service to the Community as Pastor of St. Irenaeus Church. RESOLUTION N0. 4191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING REVEREND JOHN R. KELLER ON EIGHTEEN YEARS OF OUTSTANDING SERVICE TO THE COMMUNITY AS PASTOR OF SAINT IRENAEUS CHURCH. 2 ~ CITY COUNCIL MINUTES May 24, 1993 Item No. 10: Consideration of Approval of the Annual Lease Agreement with the Anaheim Union High School District for the Use of the Oxford School Facility Recommendation: That the City Council approve the extension of the Annual Lease Agreement for the Use of the Oxford School site for the period through June 30, 1994 and authorize the City Manager to execute the lease agreement. Item No. 11: Consideration of Proclaiming June 13, 1993 as "AIDS Walk Orange County Day." Recommendation: That the Mayor and City Council officially proclaim June 13, 1993 as "AIDS Walk Orange County Day." Item No. 14: Consideration of Proclaiming Saturday, June 12, 1.993 as "Tree City USA Day" in Cypress. Recommendation: That the City Council officially proclaim Saturday, June 12, 1993, as "Tree City USA Day" in Cypress. Recreation and Park District Matters: Item No. 15: Consideration of Amendment to Agreement with Senior Meals and Services, Inc. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, 1) approve the Amendment to the Agreement dated March 28, 1977, between the City of Cypress and Senior Meals and Services, Inc., to provide nutrition services for the period of July 1,-1993, through June 30, 1997, and authorize the Mayor to sign and the City Clerk to attest the Amendment. END OF CONSENT CALENDAR Regarding the Consideration of Claim Filed by James P. Cooper, III, Attorney at Law, on behalf of Mark B. Gruver, Councilmember Nicholson requested this item be discussed during Closed Session. In regard to Item No. 12, Consideration of Request from the Cypress Twirlers Square Dance Club to Use the Civic Center, Mayor Kerry asked if would be a conflict with other activities being held in the City so the problem that occurred last year could be avoided. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve the Cypress Twirlers Square Dance Club the use of the Civic Center on the following Saturdays: June 26, July 24 and August 28, 1993, from 7:00 p.m. to 11:30 p.m., subject to the conditions that the organization is required to pay for any additional costs in providing maintenance and utility services. 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 Consideration of Report of Contract Change Order No. 8 - Senior Citizens Center, Councilmember Age asked if all the items had been completed. The Public Works Director advised that there are a few items left to be completed. It was moved by Councilmember Age and seconded by Councilmember Nicholson to receive and file the report. 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 ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving CUP No. 93-3, with conditions. 3 ~ r ~ ~ i-r CITY COUNCIL MINUTES May 24, 1993 RESOLUTION NO. 4192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 93-3 - WITH CONDITIONS (CONVERT AN EXISTING COMMERCIAL BUILDING INTO A CHURCH, 6381 BALL ROAD). 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 It was moved by Councilmember Partin and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 84-20, with conditions. RESOLUTION NO. 4193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 84-20 - WITH CONDITIONS (OPERATION OF A PRESCHOOL/DAY CARE CENTER IN ONE EXISTING REGULAR CLASSROOM AND TWO OF THE THREE NEW MODULAR CLASSROOMS AT THE VESSELS ELEMENTARY SCHOOL SITE LOCATED AT 5900 CATHY AVENUE.) 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 It was moved by Councilmember Nicholson and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving CUP No. 93- 4, with conditions. RESOLUTION N0. 4194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 93-4 - WITH CONDITIONS (OPERATION OF A PRESCHOOL/DAY CARE CENTER AT THE LANDELL ELEMENTARY SCHOOL SITE LOCATED AT 9739 DENNI 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 It was moved by Councilmember Nicholson and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving CUP No. 93- 5, with conditions. RESOLUTION N0. 4195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 93-5 - WITH CONDITIONS (OPERATION OF A PRESCHOOL/DAY CARE CENTER AT ARNOLD ELEMENTARY SCHOOL SITE LOCATED AT 9281 DENNI 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 It was moved by Councilmember Partin and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 90-25, with conditions. 4 , ~j k~ W CITY COUNCIL MINUTES May 24, 1993 RESOLUTION N0. 4196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-25 - WITH CONDITIONS (CONSTRUCTION OF 21 CARPORTS FOR PARKING SPACES AT CYPRESS POINTE SENIOR COMMUNITY, 5120 LINCOLN AVENUE). 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 the second reading of the card club ordinance, Councilmember Bowman suggested that this item be deferred to the 7:30 p.m. Agenda as Item No. 29A and he so moved. The motion was seconded by Councilmember Partin 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 CLOSED SESSION: Mayor Kerry recessed the meeting at 6:05 p.m. in order to allow the Council to enter into Closed Session for matters of personnel and litigation. The meeting reconvened at 7:30 p.m., with all Councilmembers present. Staff members Bacock, Barrett, DeCarlo, Eynon, Storey and Wicker were also present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Nicholson. PRESENTATIONS: The presentation of a $500 check to Chief Wicker for the D.A.R.E. Program was made by Mr. Bob Perry of the Southern California Gas Company. Mayor Kerry presented the Certificate of Appointment to Edward Kennedy, newly appointed Cultural Arts Commissioner. The presentation to Lynda Lacayo was continued to a future meeting. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, expressed his support of a card club. Mr. George Hallak, 5452 Marion Avenue, Cypress, asked about the City's financial position and he stated that the Council decision not to discuss the budget has done a disservice to the community. He would like the Council to inform the community of the City's financial bind. Ms. Sharon Johnston, 4841 Newman Avenue, Cypress, spoke about the home she purchased with its unsafe conditions and code violations. She stated she has defaced her property because she wanted people to know that she will continue to generate publicity through the media and invited the Council to walk the property if they so desired. Mr. Chris Bardis, representing Los Alamitos Race Course, stated he wished to clarify an issue that appeared in the newspapers regarding the proponents of Measure A and some of the reporting requirements of the FPPC that they have fulfilled. Councilmember Age commented on the budget situation and that fact that there are very few people that know how the City meets its budget and where the funds come from. Regardless of the outcome of Measure A, there will be no bearing on this year's budget, which is why the majority of the Council voted to wait until after June 8 to resolve the budget. Councilmember Nicholson stated that she had opposed deferring of the budget until after the election. She stated she believed that the citizens should 5 CITY COUNCIL MINUTES May 24, 1993 know the City's budget situation before they vote because the City is looking at a very bad time for the next ten years. Councilmember Bowman advised that he would be in favor of bringing the budget back before the Council on tonight's agenda and he so moved. The motion was seconded by Councilmember Nicholson. 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 Attorney suggested that this item be placed on the Agenda as 296. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. Mr. Kenneth Boyer, Cypress, reported that the City receives between $1.5 and 2 million from the race track. Regarding Item No. 6, Consideration of Claim Filed by James P. Cooper, III, Attorney at Law, on behalf of Mark B. Gruver, it was moved by Councilmember Nicholson and seconded by Councilmember Bowman 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: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The City Manager reviewed the actions taken by the Council during the 5:30 session of the meeting. The City Attorney reviewed discussions conducted by the Council during Closed Session on three pending litigation items:. a claim filed by Mark Gruver, a pending litigation item regarding Sandra Stanton and the City of Cypress vs. Caswell. The last was a personnel item involving grievances. Councilmember Nicholson made a motion that Item No. 33 be moved forward, Councilmember Bowman seconded and 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 then moved Item 33, Consideration of the Recreation & Park District Budget, to Item 25A. CONTINUATION OF CONSIDERATION OF PUBLiC HEARING RE: CONDITIONAL USE PERMIT NO 92-17 - BOYS AND GIRLS CLUB OF CYPRESS 10161 MOODY STREET: Mayor Kerry opened the hearing. The Planning Director presented the staff report dated May 13, 1993, which represented a request to operate a youth services center at 10161 Moody Street. According to the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Presently, the Boys and Girls Club proposed minor tenant improvements to the building which will include partitions/separation walls. The tenant improvements are designed to ensure compliance with the occupancy loads and uses permitted according to the requirements of the Uniform Building Code and Fire Codes. The purpose of this application is to bring the organization up-to-date in compliance with all zoning and building codes. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius. Staff has received two phone inquiries regarding the application, but no specific comments were submitted. Mayor Kerry asked if anyone wished to speak in support or opposition to the application. 6 \ . ^ . CITY COUNCIL MINUTES May 24, 1993 Ms. Kathy Bias, 3692 Catalina, Los Alamitos, read a statement, commenting on the increase in membership fees and asked where the troubled children are now supposed to go. Mrs.. Elinor Stein, Cypress, lives across the street from the Club and had several questions about the operation of the Club. One of her concerns was the adequacy of the supervision of the children and preventing them from getting into the drainage channel. Ms. Kim Maxwell, Executive Director of the Boys and Girls Club, advised that the club has an all new program and staff with new rules and strong supervision. Mr. Dennis St. Clair, Vice President of the Executive Board stated that the operations are until 7:00 p.m. and he hoped that there would be a few programs until 9:00 p.m. He mentioned the tremendous support the Club was receiving from the Community. Responding to the Mayor, the Planning Director advised that the hours of operation were mentioned in the staff report but not specified in the conditions of approval in the event they wanted to expand the hours. Ms. Maxwell stated that any activities that would be held after 7 p.m. would be conducted inside the building. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act; and approve Conditional Use Permit No. 92-17, subject to conditions. 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 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE N0. 93-1, SECTION 14.2.6 PARKING STANDARDS FOR CHILD CARE/DAY CARE USES: The public hearing was opened by Mayor Kerry. The staff report dated May 17, 1993 requested a continuation of this item. It was moved by Councilmember Age and seconded by Councilmember Partin that this item be continued to the City Council meeting of June 14, 1993. 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 PUBLIC HEARING RE: VARIANCE N0. 93-4 - LOCATION AND HEIGHT OF SATELLITE DISH, 11580 MIDWAY DRIVE: Mayor Kerry opened the public hearing. The Planning Director summarized the staff report dated May 10, 1993, which represented a request to install a black metal mesh satellite dish antenna attached to a structure at 11580 Midway Drive. In accordance with the California Environmental Quality Act, a Notice of Exemption Class 3, will be filed for this project. To address any impact on adjacent properties sufficient screening of the satellite dish by means of landscaping or a structural device would be required. Notices of the public hearing were mailed to all property owners within a 300 foot radius and, to date, staff has received no communication regarding this matter. Mr. James Edge, 11580 Midway Drive, Cypress, answered questions asked by Council and the applicant had some questions of staff on screening. Responding to Councilmember Age, he advised that he had not received any complaints from his neighbors. Mayor Kerry asked if anyone wished to speak in support of or in opposition to the application. No one spoke. 7 .s _ CITY COUNCIL MINUTES May 24, 1993 It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing and approve Variance 93-4, with three conditions. 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 PUBLIC HEARING RE: ADOPTION OF 1991 UNIFORM FIRE CODE AND CERTAIN AMENDMENTS THERETO: The Mayor opened the public hearing. The Public Works Director presented the staff report dated May 17, 1993, which advised that the Council had scheduled a public hearing to consider the Adoption of the 1991 Uniform Fire Code and Certain Amendments Thereto at its April 26, 1993 meeting. The affidavits of publication and posting are on file in the Office of the City Clerk and, as of this date, no communications have been received. Councilmember Bowman stated that the Code had an amendment requiring the possibility of registration of all buildings in the City at the bottom of page 1 and the top of page 2 and he quoted portions of that sub-section and asked questions. Fire Marshal Sam Husoe advised that the purpose of the Section was to deal with speculation development where properties are developed and are not for use in general terms. He clarified that this section was an amendment to the Code and is not currently in Cypress' fire code. After some additional questions, the Fire Marshal suggested that that section be removed for later consideration and the remainder of the Code be approved this evening. The City Manager commented that the section could be considered at a later time. Mayor Kerry asked if anyone wished to speak in support of or in opposition to the adoption of the 1991 Uniform Fire Code. No one spoke.. The Public Works Director advised that the appropriate action would be to approve the first reading of the ordinance due to the removal of Section 2. it was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and approve the first reading of the Ordinance by title only., title as follows, with the deletion of Section 2, adopting the 1991 Fire Code by reference. The City Attorney advised that because of the revision to the Code, this be adopted as a first reading. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-3 AND 5-4 TO CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN ADMINISTRATIVE AMENDMENTS THERETO: THE 1991 UNIFORM FIRE CODE AND THE 1991 UNIFORM FIRE CODE STANDARDS. 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 At this time, Mayor Kerry announced that Item No. 33, CONSIDERATION OF THE RECREATION & PARK DISTRICT BUDGET would be heard as Item No. 25A as previously decided. The City Manager asked the Director of Recreation and Parks District present the recommendation on the Kids' Corner portion of that budget, which was reviewed at the last Recreation & Community Services Commission meeting. The Director reported on the results of the Recreation & Community Services meeting on May 18 to review a summary of the Recreation & Park District budget and recommended Council approval of the budget along with the addition of 135 hours for personnel in the Kids' Corner account. Testimony was taken by the Commission from a number of parents with children in the program who made a 8 ~y w CITY COUNCIL MINUTES May 24, 1993 request for additional hours to be used for preparation for classroom work by the instructors, which will cost the program an additional $1,250 and the Commission recommended approval of the additional cost of $1,250 to that program. Responding to Councilmember Partin, the Director explained how the program was subsidized and the fee structure. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to increase the 1993/94 Recreation & Park budget proposal by $1,250. 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 Mrs. Cecelia Henderson, 4822 Ashbury Avenue, Cypress, thanked the City Council and the Recreation & Park District Director and she emphasized the effectiveness of the Kids' Corner program. The parent boosters of the program are very active in supporting the program and have contributed $3,600 over the last three years to the program and will continue to work to help the program. RECESS: Mayor Kerry recessed the meeting at 8:40 p.m. and reconvened at 8:55 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF THE CLOSURE OF THE USMCAS EL TORO: The City Manager advised that this item was continued due to the lateness of the last meeting and the airport authority asked for an opportunity to make a presentation regarding how they might become involved if and when the decision is made on the E1 Toro base closure. He offered to schedule a workshop sometime in the Fall. Councilmember Bowman suggested the item be tabled. It was moved by Councilmember Bowman and seconded by Councilmember Partin to table the item on the Closure of the USMCAS. 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 CONTINUATION OF CONSIDERATION OF THE STATUS OF THE LOS ALAMITOS AIR STATION AICUZ STUDY: The City Manager reported that there has been concern about a letter that was generated as the result of correspondence between the Airport Land Use Commission of Orange County and various departments of the Army and National Guard regarding the crash zones and other elements dealing with the AICUZ study. Apparently, all the agencies originally involved in this issue have now forgotten the result of the last study, which would have a terrible impact on the Cities of Cypress, Buena Park, Los Alamitos, Stanton, Seal Beach and surrounding unincorporated areas and have issued orders to release the previous AICUZ study, which was not compatible with studies done by either the Department of Air Force or the Department of the Navy. The issue has a tremendous impact on the Business Park, residential areas and others who would. now be a part of that crash zone. A number of property owners and concerned citizens have asked the City to consider initiating the letters to the ' surrounding cities notifying them of the status of this matter and asking them for their support as was done two years ago in opposing this type of an action without community involvement. Councilmember Bowman advised that the public should be aware that when this matter arose previously, the Department of Defense withdrew the study because of the tremendous impact it would have on contiguous properties to the Los Alamitos airfield. Councilmember Age suggested that the public needs to start writing letters to the legislators opposing this action. It was moved by Councilmember Bowman and seconded by Councilmember Partin to authorize the Mayor to send letters to the surrounding cities requesting their :support in opposing the AICUZ study. The motion unanimously carried by the following roll call vote: 9 ~ c~f,~ a . ~ CITY COUNCIL MINUTES May 24, 1993 AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF DISCUSSION OF GENERAL FUND RESERVE AND CAPITAL FUND EXPENDITURES: The City Manager advised Council that he would prefer to have this item discussed along with Item No. 29B, which is the 1993/94 budget discussion and hear all the items on the Agenda, then return to the budget discussion. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to defer discussions on the General Fund Reserve and Capital Fund Expenditures, and the Budget to the end of the Agenda. 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 CONTINUATION OF CONSIDERATION OF REVIEW OF LAP~DSCAPE PLAN FOR CYPRESS GOLF COURSE NETTING: The Planning Director reviewed the staff report dated May 10, 1993, which indicated the Council had approved an Amendment to Conditional Use Permit No. 90-23 for the installation of safety netting on February 8, 1993. One of the conditions was that the applicant provide a landscape plan to screen the netting which would be subject to final approval by the City Council. The Cypress Golf Course has submitted a proposed landscape plan illustrating the type, size and location of the proposed landscaping material. Mr. Ruben Perez, an employee of the Cypress Golf Course, explained that eucalyptus trees are fast-growing and, in a period of five years, the netting probably could be removed. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the landscape plan as submitted. 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 In regard to the second reading of the Card Club Ordinance, which was continued from the 5:30 portion of the Council meeting, the City Attorney advised that he had a small clerical correction of the insertion of the correct date on the last page of the Ordinance under effective date which shall be June 27, 1993 after its final adoption and approval by the voters in order to complete the required Negative Declaration for the Ordinance. He stated, for the record, the ordinance would not be effective unless it was approved on June 8. Councilmember Age stated that her vote on the second reading of the Ordinance will be consistent with her vote on this item at the last Council meeting, which was a "no" vote, based on her opinion that the ordinance is not as effective as having a State Gaming Commission that would have better control and because it can be changed by a majority Council vote. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to order the following Ordinance read. by title only, title as follows and to adopt the Ordinance permitting and regulating card clubs. ORDINANCE N0. 896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 17-5 THROUGH 17-7 OF THE CODE OF THE CITY OF CYPRESS AND ADDING CHAPTER 15F TO THE CODE OF THE CITY OF CYPRESS PERMITTING AND REGULATING CARD CLUBS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry 10 f /'u w~. ~ a% CITY COUNCIL MINUTES May 24, 1993 NOES: 1 COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF A WRITTEN LETTER REQUESTING THE CITY COUNCIL TO APPROVE THE PARTIES' INTENT TO ENTER INTO _A DEVELOPMENT AGREEMENT. OR SIMILAR DOCUMENT REGARDING THE CYPRESS CARD CLUB: The staff report dated May 20, 1993 advised that the City Manager, City Attorney and Finance Director met with Chris Bardis and Lloyd Arnold to discuss a request for a Development Agreement, or similar document, which would be adopted after the June 8, 1993 election assuming the issue were to be approved by the voters. The City Attorney presented a Memorandum of Understanding to the Council which was a result of that meeting and an agreement to agree to enter into a Development Agreement or similar document after June 8, 1993, in which campaign promises would be stated. He provided two changes: Page 1, the last paragraph, "Whereas that by limiting the number and location of the card club operations under Measure A, the public will receive maximum benefit in terms of revenues generated for City purposes" deleting the remainder of the language. On page 3, paragraph 5, the intent the City agrees to consider amending its ordinance regulating the card club with respect to the collection of business license taxes. The City agreed to consider amending said ordinance which would require payment of quarterly tax in the amount of $25,000 for the first year of card club operations whereinafter such tax in the amount of $25,000 would be imposed on an annual basis after the first year. This is a good faith intent by both parties to enter into a development agreement; it is not a binding legal document. The City Manager commented that the passage of the measure does not necessarily complete the entitlement process and invited the proponents to respond. After some further explanation of the MOU and questions from the Council on the MOU and its affect on the Ordinance, Mr. Chris Bardis stated he had no -.-z problem with the Memorandum of Understanding. It may be advantageous for the proponents and the City if there was a unilateral decision on the part of the City that they waive the one year requirement. He advised that the Ordinance, with the MOU, is a tougher Ordinance than the ordinance at Inglewood and the Bicycle Club and it is comparable to the Commerce Club ordinance. They have made commitments, they want to follow through and he believed this is what the MOU does. The City Attorney commented that if there are significant impact as a result of the EIR, those impacts would have to be mitigated to a level of insignificance unless the Council adopts a statement of overriding considerations. He stated that the MOU is a binding agreement. Councilmember Bowman stated that he was not in favor of changing the ordinance and did not want to give the proponents the idea that he would be in favor of doing that by changing of the percentages. After further discussion, it was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the Memorandum of Understanding, with the understanding that all the figures will be examined before entering into a Development Agreement. 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 A RESOLUTION AUTHORIZING THE BORROWING OF FUNDS FOR FISCAL YEAR 1993-04 AND THE ISSUANCE AND SALE OF A 1993-94 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA CASH FLOW FINANCING PROGRAM: The Finance Director presented the April 29, 1993 staff report, stated that Council had authorized staff to explore the use of tax and revenue anticipation notes (TRAN) for short-term cash financing. The next step is for Council to authorize the borrowing of funds and the issuance and sale of a 1993-94 TRAN and participation in the California cash flow financing program. It is anticipated that the City of Cypress portion of the pooled 11 _ z_ c,/~,~'L . CITY COUNCIL MINUTES May 24, 1993 TRAN will be approximately $3.0 million and the City's share of the Cost of Issuance to be approximately $12,000. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt a Resolution by title only, title as follows: 1) authorize the borrowing of funds for Fiscal Year 1993-1994 and the issuance and sale of a 1993-1994 Tax and Revenue Anticipation Note Therefor and participation in the California Cash Flow Financing Program; and 2) authorize the City to executive the following documents relating to the proposed sale: a) Amended and Restated Joint Exercise of Powers Agreement, b) Purchase Agreement between the City and CSCDA, and c) Indenture by and between U.S. Trust Company of California and California Statewide Communities Development Authority. RESOLUTION N0. 4197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE BORROWING OF FUNDS FOR FISCAL YEAR 1993-1994 AND THE ISSUANCE AND SALE OF A 1993-1994 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA CASH FLOW FINANCING 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 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 4504 - 4744: It was moved by Councilmember Partin and seconded by Councilmember Bowman to approve the Warrants No. 4504"through 4744 in the amount of $1,423,402.94. 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 RECESS: Mayor Kerry recessed the meeting at 10:00 p.m. and reconvened at 10:15 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF DISCUSSION OF GENERAL FUND RESERVE AND CAPITAL FUND EXPENDITURES and CONTINUATION OF CONSIDERATION OF FISCAL YEAR 1993/94 BUDGET: The City Manager provided a brief overview of the City of Cypress budget history and he then requested that the Finance Director report on the funds available in the reserve balance at the present time. Responding to Councilmember Age, the City Manager explained that the City has offset some of the budget expenditures with different taxation, fees and fee structures, and franchise agreements. The Finance Director reported on the fee structures that had been changed as a result of the MSI study. In the last two years, the City has used more one-time revenues than in the past to help offset the declining income. The Assistant City Manager reported that the latest information from the State indicated that the Special District Augmentation Fund will definitely be affected if the balance that's been proposed by the Governor is passed. The Finance Director explained that the operating capital is used for cash flow problem and to cover contingencies and general fund reserves vs. capital fund expenditures. The City Manager also explained that one of 'the major uses of the operating capital has been in the redevelopment project areas. The Finance Director stated that the goal of the City was to acquire more on-going revenues to cover the operating costs so the one-time revenues would not be a concern. There followed a question and answer period between staff and the Council on the description of capital projects and the funding required for those projects. Councilmember Bowman stated that it was his intention to balance the budget with a combination of increased revenue and the use of some of the reserves. 12 s-~..''',~ ~ . . CITY COUNCIL MINUTES May 24, 1993 He proposed to increase the street sweeping fee from $.50 to $2.50 a month, including non-residential lots.- Councilmember Partin stated he would not support that proposal and suggested basing the fee on front footage. The City Manager suggested considering a differential between the two by raising the fees collected now and then consider at the non-residential units as a special district. The City Attorney advised he would have to research the mechanism required to implement a fee on the water bill because an assessment could not be imposed unilaterally. The City Attorney advised that an assessment district would have to have a petition circulated with 60% of the property owners consenting to the street sweeping fee. Councilmember Bowman advocated increasing the service fee on the refuse collection and the use of some asset seizure funds for a D.A.R.E. officer which would leave the City with a short fall of about $362,000, taking the shortfall from the reserves. Taking all the contingencies into account, there would still be several million dollars in reserve. He felt the City was in very good shape. Mayor Kerry stated that proposal did not take into consideration anything to keep the City operating on a normal basis. There are ten years that need to be considered and the City should not be digging into the reserves. Mr. Hallak stated that it is obvious that the City does not have the money to balance the budget unless revenues are found elsewhere or use the reserve. Councilmember Bowman stated that no revenue has to be raised to balance the budget tonight. The City has $7 to $8 million in reserves and all that has to be done is debit the reserves for the amount to balance the budget. Responding to Mr. Hallak, Councilmember Age answered that the budget has always been balanced by a combination of raising fees and looking for other sources of income. It was moved by Councilmember Nicholson and seconded by Partin to continue the Council meeting beyond the hour of 11:30 p.m. to 12 midnight. 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 There was some discussion on street work, namely the rehabilitation of the asphalt, where the City has not spent the money in the past few years on that maintenance. Councilmember Bowman stated that the budget could be balanced tonight without cutting any personnel and that the City is not in a position to cut any police officers. Mayor Kerry said that she would not support a tax increase and does not want anymore money coming out of the pockets of the citizens. The Police Department is critical to the city and she would not support any reductions in that department. Before the City goes into the reserves, they need to cut things like the City newsletter and assess the necessity of certain departments in the City. Councilmember Partin stated that he didn't believe the Council was in a position to make a final decision on increasing any fees without additional research. Councilmember Bowman asked the City Attorney to research the legality of raising the refuse collection fee and street sweeping fees. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mayor Kerry announced that the posting of the results of the special election will be carried on City Channel 52 on June 8, 1993. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. 13 r~* ~ CITY COUNCIL MINUTES May 24, 1993 ADJOURNMENT: Mayor Kerry adjourned the meeting at 12 midnight. MAYOR OF TH CITY ESS ATTEST: CITY C E E C Y OF CYPRESS 14