Minutes 93-06-14 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 14, 1993
The Regular Meeting of the Cypress City Council was called to order at 5:30
p.m., Monday, June 14, 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, Eynon, Munoz, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF AWARD OF CONTRACT FOR SEXUAL ASSAULT EXAMINATION: The Chief
presented the staff report dated May 25, 1993, which sought to renew a
contract with Martin Luther Hospital for sexual assault examinations. To
utilize the services of Martin Luther Hospital at the rate of $425.00 per
examination, a formal agreement must be renewed.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to renew the contract for sexual assault examinations to Martin Luther
Hospital, 1830 West Romneya Drive, Anaheim, CA 92801, not to exceed $10,625.00
for an 18 month period ending December 31, 1994. The motion unanimously
carried by the following role 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 PURCHASE OF SATELLITE DISH AND
INTERACTIVE VIDEO DISC SYSTEM: The City Manager requested that Chief Wicker
summarize the staff report dated June 9,.1993, which would award a contract
for the purchase of a satellite dish and a secondary interactive video disc
system. To encourage the utilization of this new training, the California
Commission on Peace Officer Standards and Training (POST) has also agreed to
reimburse police agencies up to $2,377 for the purchase of a Satellite System
and $4,973 for an Interactive Video Disc System.
It was moved by Councilmember Partin and seconded by Councilmember Age to 1)
award the contract for the purchase of a Satellite Dish System to American
Satellite, 1042 N. Waterman Ave., San Bernardino, CA 92410 for $2,665.11; 2)
award a contract for the purchase of an Interactive Video Disc System to
A.I.P. Group, Inc., 16699 Roscoe Blvd., North Hills, CA 91343 for $5,164.45
and 3) approve the transfer of $7,831 from the fund balance of the General
Fund to the Internal Services Fund and appropriate $2,666 to account number
4910-90-656-35 for the satellite dish and $5,165 to account number 4911-90-
656-35 for the Interactive Video Disc System. 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 THE MODIFICATION AND INSTALLATION OF
TRAFFIC SIGNALS AT VARIOUS LOCATIONS. PUBLIC WORKS PROJECT NO. 9149: The
Acting Public Works Director presented the staff report dated May 25, 1993,
which indicated seven bids were received for the modification and installation
of traffic signals at various locations. The bid of Baxter-Griffin was the
low bidder for the project. The Acting Director noted corrections in each of
~.he program account numbers, changing the first four digits of each account
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CITY COUNCIL MINUTES June 14, 1993
number from 4189 to 4186 and the sixth account number should read 4186-22-468-
22.
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
to find that the lowest responsible bidder is Baxter-Griffin and award a
contract for Public Works Project No. 9149 to Baxter-Griffin, 8210 Monroe,
Stanton, CA 90680 in the amount of $278,879.00. 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 TRAFFIC SIGNAL INTERCONNECT ON VALLEY
VIEW STREET FROM SR-22 FREEWAY TO ARTESIA BLUD. PUBLIC WORKS PROJECT N0.
9235: The Acting Public Works Director reviewed the staff report dated May
28, 1993, which indicated that four bids had been received for construction of
a traffic signal interconnect on Valley View Street from SR-22 Freeway to
Artesia Blvd, with the bid of Skip's Electric, Inc. appearing to be the low
bidder. The Acting Director noted that the Program Account No. 4189-22-467-22
should read 4189-39-467-22.
It was moved by Councilmember Partin and seconded by Councilmember Age to find
the lowest responsible bidder to be Skip's Electric, Inc. and award a contract
for ~ubiic-Works Project No. 9235 to Skip's Electric, Inc., 2610 W.
Orangethorpe Avenue, Fullerton, CA 92633 in the amount of $265,939.35, subject
to the execution of a joint participation agreement between the City of Buena
Park, the City of Garden Grove and the City of Cypress.
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR SEWER MAINTENANCE SERVICES: The City
Manager requested that the Acting Public Works Director review the staff
report dated May 28, 1993, which indicated that the City's sewer maintenance
has been performed by Richard L. Walker, Inc. This company has submitted a
request to renew the City's existing contract for an additional two year
period with no increase in price.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to dispense with formal bidding and renew the contract for sewer maintenance
services to Richard L. Walker, Inc., 3870 La Sierra Avenue, Suite 424,
Riverside, CA 92505, for a total amount of $76,865.00 for a two year period
ending June 14, 1995. 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 A PARKING STUDY FOR A PROPOSED PLAYLAND
ADDITION FOR MCDONALDS LOCATED AT 10115 VALLEY VIEW STREET: The Planning
Director summarized the staff report dated June 3, 1993, which represented a
request for the addition of an exterior children's playland to the existing
McDonald's fast food restaurant, which will result in the elimination of six
parking spaces. Bids were received from a total of three traffic consulting
firms outlining their approach to the project, their experience and estimated
time necessary to accomplish the tasks listed in their scope of work. Based
on review of the proposals, staff selected the lowest bidder, Justin F. Farmer
Transportation Engineers Inc. to prepare the traffic analysis. In response to
a query from Mayor Kerry, the Planning Director corrected the dollar amount in
the "Recommendation" to read "$3,555.00."
It was moved by Councilmember Age and seconded by Councilmember Partin to 1)
approve the award of contract to Justin F. Farmer Transportation Engineers,
Tnc. for the services detailed in the Scope of Work contained in their
proposal and 2) approve the issuance of a purchase order to Justin F. Farmer
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CITY COUNCIL MINUTES June 14, 1993
Transportation Engineers, Inc., 223 East Imperial Highway, Ste. 155,
Fullerton, CA 92635, in an amount not to exceed $3,555.00 to perform the
services outlined in the attached scope of work subject to the receipt of the
full amount from McDonald's for said work prior to authorization to proceed.
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 ~
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. 29, Consideration of Payoff of
Accrued Vacation Time, be removed and discussed in Closed Session;
Councilmember Nicholson asked that Items No. 10 and 15, Consideration of
Attendance to the League of California Cities' Mayors and Council Members
Executive Forum and Consideration of Attendance to the League of California
Cities' Redevelopment Seminar, respectively, be pulled for discussion. Mayor
Kerry asked that Item No. 17, Consideration of Monthly Investment Program for
the Month of April 1993 and Item No. 21, Consideration of Certification of
Local Pavement Management Program as Required by the Revised Traffic
Improvement and Growth Management Plan (Measure M) be removed for discussion.
Finance Director Richard Storey requested that Items No. 24 and 28 be pulled
for clarification.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the Consent Calendar Items No. 7 through 37, with the exception of
Items No. 10, 17, 21, 24, 28 and 29. 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
Items m No. 7: Motion to Approve City Council Minutes of the Adjourned Regular
Meeting of May 17, 1993.
Recommendation: That the City Council approve the Minutes of May 17, 1993, as
submitted.
Item No. 8: 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 an Application for Alcoholic Beverage License
Transfer Filed by Hoang Minh Tran, D.B.A. Letran Enterprise, ARCO AM/PM Mini
Market, 5012 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 11: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Circle K Convenience Stores, Inc., 6021 Orange Avenue,
Cypress.
Recommendation: That the City Council receive and file this application
contingent upon the future approval/disapproval of a conditional use permit by •
the City Council.
Item No. 12: Consideration of Claim Filed by Donald H. Hough.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claim Administrator, Carl Warren & Co., for appropriate
disposition.
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CITY COUNCIL MINUTES June 14, 1993
Item No. 13: Consideration of an Application for an Original Alcoholic
Beverage License Filed by Loan Marie Claire Ho, D.B.A. China House Restaurant,
9195 Valley View Street, Cypress.
Recommendation: Receive and file.
Item No. 14: Consideration of Proclaiming July 1993, as "Parks and Recreation
Month."
Recommendation: That the Mayor and City Council officially proclaim July
1993, as "Parks and Recreation Month" in the City of Cypress.
Item No. 16: Consideration of Letter of Resignation Submitted by Richard C.
Adams, Cable Television Commissioner.
Recommendation: That the City Council accept the letter of resignation from
Cable Television Commissioner, Richard C. Adams, and authorize staff to
advertise for the vacancy.
Item No. 18: Consideration of Design Review Committee's Approval of pRC #93-9
- John's Restaurant, 4499 Cerritos Avenue, Cypress.
Recommendation: Receive and file.
Item No. 19: Consideration of Authorization to Appropriate Fund Balance of
the Asset Seizure Fund to Account #4104-28-179-05.
Recommendation: That the City Council appropriate $10,000.00 from the fund
balance of the asset seizure fund to Account #4104-28-179-05.
Item No. 20: Consideration of Acceptance of Improvement and Release of Bonds
for Project No. 9027, P.M. No. 90-245.
Recommendation: That the City Council accept the public improvements for
Project No. 9027 as being satisfactorily completed in accordance with the
Plans and Specifications, and authorize the City Clerk to release the "
Monumentation Bond and the Labor and Material Bond upon expiration of their
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. 22: Consideration of Refund of Cash Collected for the Payment of
Traffic Impact Mitigation Fees.
Recommendation: That the City Council authorize staff to refund the cash
deposit collected for the payment of Traffic Impact Mitigation Fees to the
developers/owners listed in the report dated May 26, 1993.
Item No. 23: Consideration of Seven-Year Measure M Capital Improvement
Program.
Recommendation: That the City Council: 1) Approve the Draft Seven Year
Revised Traffic Improvement and Growth Management (Measure M) Capital
Improvement Program; and 2) Authorize staff to submit the Draft Seven Year
Revised Traffic Improvement Program to the Orange County Transportation
Authority.
Item No. 25: Consideration of Extension of Design Review Committee No. 92-24
(Apartment Units, 8591 La Homa Street).
Recommendation: That the City Council approve a six (6) month extension of
Design Review Committee No. 92-24 to January 27, 1994, subject to original
conditions attached to the report dated May 28, 1993.
Item No. 26: Consideration of Modification of Cypress Corporate Center
Landscape Maintenance District No. 1 for the Landscaped Berm on the North Side
of the Stanton Channel, City of Cypress Project No. 8615-90.
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CITY COUNCIL MINUTES June 14, 1993
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, ordering the City Engineer to prepare a report concerning
modification of Cypress Corporate Center Landscape Maintenance District No. 1
for the maintenance of the landscaping and irrigation system on the berm on
the .north side of the Stanton Channel.
RESOLUTION N0. 4198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ORDERING THE
PREPARATION OF A REPORT IN CONNECTION WITH THE MODIFICATION OF CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT N0. 1.
Item No. 27: Consideration of Transfer of Restricted Funds from the City's
General Fund to Restricted Funds Established in FY 92-93.
Recommendation: That the City Council: 1) Approve the transfer of AB 2766
funds from the General Fund to the AB 2766 Fund (40), effective July 1, 1993;
and 2) Approve the equity resulting from the dissolution of the Cypress Civic
Center Corporation to be transferred from the General Fund to the C.O.P. Debt
Service Fund (55) for FY 1992-93.
Item No. 30: Consideration of a Resolution Establishing the City's
Appropriation Limit.
Recommendation: That the city Council adopt the Resolution by title only,
title as follows, establishing the City's appropriation limit.
RESOLUTION NO. 4199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING
THE CITY'S APPROPRIATIONS LIMIT FOR THE 1993-94 FISCAL YEAR.
Item No. 31: Consideration of School Video Contest.
Recommendation: That the City Council confirm the School Video Contest Award
Recommendations of the CATV Commission as noted in the report.
Item No. 32: Consideration of Resolution Certifying that the City of Cypress
Shall Comply with the Maintenance of Effort Requirements for Fiscal Year 1993-
94 as Established by Measure M and the Orange County Transportation Authority.
RESOLUTION N0. 4200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CERTIFYING THAT
THE CITY OF CYPRESS SHALL COMPLY WITH THE MAINTENANCE OF EFFORT
REQUIREMENTS FOR FISCAL YEAR 1993-94 AS ESTABLISHED BY MEASURE M AND THE
ORANGE COUNTY TRANSPORTATION AUTHORITY.
Item No. 33: Consideration of Adoption of Administrative Overhead Policy.
Recommendation: That the City Council adopt the Administrative Overhead
Policy
Item No. 34: Consideration of Adoption of Resolution by title only, titles as
follows, commending Eagle Scouts Frank C. Doss, Stevan Powell and Tyson Gene
Weaver.
RESOLUTION N0. 4201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT FRANK C. DOSS ON ATTAINING THE RANK OF EAGLE SCOUT. y
RESOLUTION N0. 4202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT STEVAN POWELL ON ATTAINING THE RANK OF EAGLE SCOUT.
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CITY COUNCIL MINUTES June 14, 1993
RESOLUTION N0. 4203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT TYSON GENE WEAVER ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No. 35: Consideration of Animal Control Services Contract.
Recommendation: That the City Council approve the 1993/94 Agreement for
Animal Control and Shelter Services with the County of Orange and authorize
the Mayor to sign and City Clerk to attest the Agreement, subject to the
approval of the City Attorney.
Item No. 36: Consideration of Resolution Reciting the Fact and Declaring the
Result of the June 8, 1993 Special Municipal Election.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, reciting the fact and declaring the result of the Special
Municipal Election held on June 8, 1993, was canvassed by the City Clerk and
attached is the Resolution reciting the fact and declaring the result of the
election, with the City Clerk's Certificate of Canvass attached as Exhibit
A..
RESOLUTION N0. 4204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 8,
1993, DECLARING THE RESULT AND SUCH MATTERS AS PROVIDED BY LAW.
Recreation and Park District Matters:
Item No. 37: Consideration of a Resolution Establishing the Cypress
Recreation and Park District's Appropriation Limit.
Recommendation: That the City Council, acting as the ex-officio Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by
title only, title as follows, establishing the District's appropriation limit.
RESOLUTION N0. 179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO
GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS ESTABLISHING THE
CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE
1993-94 FISCAL YEAR.
END OF CONSENT CALENDAR
Reyaraing Itern No. 10, Councilmember Nicholson stated that Council has been
limiting Commissioner's attendance at conferences, along with the Council and
she believed it should also apply to Councilmembers. Councilmember Age
suggested that the number attending the conference be limited. It was moved
by Councilmember Nicholson and seconded by Councilmember Age to allow a
maximum of two Councilmembers to attend the Forum if they so choose. 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. 15, Consideration of Attendance to 'the League of
California Cities' Redevelopment Seminar, Councilmember Nicholson suggested
riot more than one staff member attend. The City Manager advised that normally
only one staff member would attend the seminar. Mayor Kerry suggested that a
maximum of two people attend, either Councilmembers or staff. It was moved by
Councilmember Nicholson and seconded by Councilmember Age to authorize a
maximum of two people from the Council and/or staff to attend the seminar.
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES June 14, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding Item No. 17, Consideration of Monthly Investment Program for the
Month of April 1993, Mayor Kerry asked if Councilmember Age needed to abstain
on this vote since she is an employee of the Bank of America, which is an item
on the report. The City Attorney advised that Councilmember Age has always
voted in the past. It was moved by Councilmember Nicholson and seconded by
Councilmember Age 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
With regard to Item No. 21, Consideration of Certification of Local Pavement
Management Program as Required by the Revised Traffic Improvement and Growth
Management Plan (Measure M), Mayor Kerry questioned the request for a list of
all streets identifying all sections of pavement needing rehabilitation or
replacement and asked what the difference was between rehabilitation and
replacement. The Acting Public Works Director advised that the street list
made reference to the City's Local Pavement Management Program that identified
what streets need slurry seal, reconstruction or other rehabilitation
treatments. The program provides the budgeted amounts, which will be required
in order to maintain the system at a working level. It was moved by Mayor
Kerry and seconded by Councilmember Age to: 1) Adopt the City of Cypress
Pavement Management Plan, as revised, certifying that the City has a Pavement
Management Plan that will remain in place and be maintained to qualify for
allocation of revenues generated from Measure M; and 2) Authorize the City
Manager, or his duly designated representative, to execute the Local Pavement
Management Plan Certification on behalf of the City of Cypress and to submit
the document to the Orange County Transit Authority (OCTA) as required by
Measure M. 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. 24, Consideration of Acceptance of Agreement with the City
of Buena Park and the City of Garden Grove for the Valley View Street Traffic
• Signal Interconnect Project, Public Works Project No. 9235, the Finance
Director clarified that the funding source is Measure M not Gas Tax, and the
Account No. should read 4186-39-467-22.
The Finance Director also clarified Item No. 28, Consideration of Request-for
the Appropriation of Funds for the Pavement Rehabilitation of Crescent Avenue
(from La Salle Street to the City of La Palma east City Limits) and the
Construction of a Storm Drain at Crescent Avenue and Walker Street, Public
Works-Project No. 9101, changing the Account No. to 4186-22-494-21, which is
Gas Tax money. It was moved by Councilmember Age and seconded by
Councilmember Nicholson on Item No. 24 to 1) Approve the agreement between the
Cities of Cypress, Buena Park, and Garden Grove of the Valley View Traffic
Signal Interconnect Project; and 2) Authorize the Mayor to execute said
agreement; and on Item 28, that the City Council approve the appropriation of
$67,200 from the fund balance of the Gas Tax Fund, 2106, to Account No. 4186-
22-494-08. The motions 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 advised that Item No. 29, Consideration of Payoff of Accrued
Vacation Time, would be heard during Closed Session.
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CITY COUNCIL MINUTES June 14, 1993
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. 92-17,
with conditions.
RESOLUTION N0. 4205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 92-17 - WITH CONDITIONS (BOYS & GIRLS CLUB OF
- CYPRESS, 10161 MOODY 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 Age to
adopt the Resolution by title only, title as follows, granting Variance No.
93-4. The City Manager clarified that the last line in the title, "Tract Map
No. 14779 - With Conditions (8661 Moody Street)" be stricken and the words,
"Variance 93-4" be inserted.
RESOLUTION N0. 4206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO ALLOW THE INSTALLATION OF A SATELLITE DISH ANTENNA (11580 MIDWAY
DRIVE). VARIANCE 93-4.
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 Bowman and seconded by Councilmember Nicholson
to order the following Ordinance read by title only, title as follows and to
adopt the Ordinance.
ORDINANCE N0. 897
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 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
CLOSED SESSION: Mayor Kerry recessed the meeting at 6:10 p.m. to enable the
Council to enter into Closed Session for discussion of personnel and
litigation matters. The meeting reconvened at 7:33 p.m. with all
Councilmembers Present. Also present were staff members Bacock, Barrett,
DeCarlo, Eynon, Munoz, Storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Partin.
PRESENTATION: Mayor Kerry and members of the CATV Commission presented awards
to winners of the School Uideo Contest from Arnold and Swain School. Mr. John
Lawler, representing Mitsubishi Electric Sales America, Inc., presented a VHS
Video Record to the Grand Prize Winner of the School Video Contest, Arnold
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CITY COUNCIL MINUTES June 14, 1993
School, 4th and 5th Grades. Mr. Bill Calton, Superintendent of the Cypress
School District, accepted the awards.
The City Manager summarized the actions taken by the Council during the 5:30
portion of the Agenda.
The City Attorney reviewed discussions held during Closed Session on three
matters: the first was a pending litigation involving the City of Cypress vs.
Dashaway Disposal; the other two were Personnel items involving payoff of
accrued vacation time and employees negotiations involving the City Manager.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mayor Kerry announced that the Police Association presented awards and
volunteer of the year awards were received by Cindy Warren and Chuck Hanson.
The Cypress Chamber of Commerce had their annual installation and honored
Chuck Hicks as "Man of the Year" and Penny Dash as "Woman of the Year." She
also mentioned the D.A.R.E. donations that had been received by the Cypress
Police Department from the Cypress Rotary Club for $500 and they had also
donated $500 to the Children's Advocacy Council. The Student Council of
Dickerson Elementary School donated the entire balance of their treasury in
the amount of $136.64 to the D.A.R.E. program. The Mayor advised that notice
had been received that the public libraries in Orange County are changing
their hours of operation.
Mayor Kerry reported that the new Senior Center was dedicated on Saturday,
June 12, 1993.
Ms. Verna Dodson,-5771 La Jolla Way, Cypress, stated that when the Center's
construction was begin, she had asked how many people would be employed and
was told they wouldn't need additional employees because of the number of
volunteers from the seniors. Now, there are four additional staff people and
she has had several calls on this. Mayor Kerry asked staff to check into this
situation. ~ .
Ms. Ellen Kippel, 11664 Blackmer Street, Cypress, questioned the ordinance on
oversized vehicle parking and her understanding it was to be six months before
the ordinance was effective and then citations would be given. Councilmember
Partin recalled that it was six months from the posting of the signs, which
would have been May. The Police Chief advised that warnings will be posted on
vehicles since the signs were posted on May 23 and in six months, citations
will be issued.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, reported on a phone call she
received on June 10. She had received a notice that her water and trash
collection bills will be increased. The citizens are being hit by increases
from Washington, D.C., State of California and the County. The foremost
concern in the City should be police and fire protection. The card club issue
has been decided, now let's get on with the business at hand.
Ms. Donna Erickson, 9144 Evergreen Drive, Cypress, member of the Cypress
School Board, thanked the Council and the City Manager for coming to "Bill
Calton Day" on June 5 and the City and the Director of Park & Recreation
District for their cooperation and help in making the event a success. She
then donated $200 to the D.A.R.E. program to help compensate the City for the
overtime work performed by the maintenance workers.
Ms. MaryAnn Jones, 6872 Jonathan Avenue, Cypress, spoke on behalf of many
citizens who overwhelmingly voted "no" to defeat Measure A on June 8. She
requested Council consider a proven ordinance to prohibit card rooms within
the City, assurance that if the proponents return, Council will not endorse
the request for an election and a full accounting of costs incurred by the
City associated with Measure A. She provided a copy of her statement to the
Council.
Responding to Councilmember Age, the City Attorney advised that the proposed
card club ordinance is now voided due to the defeat of Measure A.
9
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CITY COUNCIL MINUTES June 14, 1993
Mr. Sidney Baldwin, 4166 Via Verde, Cypress, a professor of political science
and public administration at Cal State Fullerton, specializing in Municipal
Government, stated that far more important than the results of the election
was the discovery that there are a great many people in the City of Cypress
who have something to offer the City and this was their first opportunity to
do something meaningful.
Mr. Kevin Dwyer, 10342 Whirl away Street, Cypress, commented that he was very
troubled about the plans to bring a card club into the community and with some
members of the Council who worked in support of the measure. He thanked the
leaders of the citizens against card clubs who worked tirelessly to make sure
the citizens had all the facts about card clubs.
Ms. Lin Pyles, 9711 Lawrence Drive, Cypress, presented a check in the amount
of $600 to the City for the Kids' Corner program.
Mr. Tom Carroll, 5832 Wellson Drive, Cypress, spoke on the defeat of Measure A
and thanked the voters who voted "no." The City Council works for the
citizens of Cypress and not the campaign contributors.
Mr. Reynold Elkin, 4034 Orange Avenue, Cypress, commented that he was present
as a member of the County of Orange Grand Jury and had been asked to present a
report on gangs to the City of Cypress.
Mr. Tim Keenan, 4157 Devon Cr., Cypress, remarked that he was part of the
group that voted against Measure A and he read a letter that appeared in
Sunday's L.A. Times. He stated that he had some tips on ways to cut the
budget and he would provide those when the item came up on tonight's agenda.
Ms. Lauretta Callender, 9408 Danbury St., Cypress, commented that the
community has stated clearly that there are some things that have no price.
The majority of the residents said "no" to a card club and now need to hear
from individual Councilmembers that they will act accordingly while a member
of the Council.
Ms. Helen Olson, 5035 Halifax Circle, Cypress, commended the citizens of
Cypress for defeating Measure A. The Council should work for all of the
citizens.
Ms. Arlene Spatz, 9836 Avenida Mateo, Cypress, stated that she did vote for
the card club and the community is living in a fantasy world if the citizens
think it is the wonderful city that they believe it is. The race track is
still paying the City approximately $1,000,000 per year and the budget should
be addressed because the City is going to be in financial trouble during the
next few years.
Mr. David Spatz, 4524 Larwin Street, Cypress, said that if gambling isn't
wanted in the City, then the race track, bingo and the lottery should be
eliminated.
Mr. Joe Hourigan, 6899 Tahiti Drive, Cypress, had previously announced the
formation of a group against the card club and they are proud of the results
of the election.
Councilmember Age asked the City Attorney to place an ordinance banning card
clubs in the City of Cypress on the next agenda. The City Attorney stated
that he would have to look at the issues to determine if it was feasible to
make it an ordinance. He requested a copy of the proposal and would return to
Council with a report. Councilmember Bowman mentioned that there is an
ordinance on the books currently. The City Attorney reported that the present
ordinance forbids gambling within the City of Cypress, so the ordinance that
would have been for the card club would have amended it to allow a card club.
Councilmember Age remarked that the uniqueness of the campaign was the
volunteer effort put forth, commended the newspapers for outstanding reporting
and she was proud to serve the voters.
10
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CITY COUNCIL MINUTES June 14, 1993
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished to speak.
i'~ayor Kerry mentioned Item No. 29 and the City Attorney advised this item was
taken into Closed Session and had not been voted on. It was moved by
Councilmember Age and seconded by Councilmember Nicholson to authorize the
payoff of accrued vacation time to the two employees as discussed in the
report dated June 3, 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
CONTINUAT-ION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE N0. 93-1. SECTION 14.S.B. PARKING STANDARDS FOR CHILD CARE/DAY CARE
USES: The staff report dated June 7, 1993 requested that this item be
continued. It was moved by Councilmember Age and seconded by Councilmember
Bowman to continue this item to the June 28, 1993 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
RECESS: Mayor Kerry recessed the meeting at 8:40 p.m., reconvening the
meeting at 8:50 p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO 93-3
AMENDING SECTION 9.1 OF THE CYPRESS ZONING ORDINANCE, "PERMITTED AND
CONDITIONAL USES: RESIDENTIAL ZONES" REQUIRING A CONDITIONAL USE PERMIT FOR
ALL SECOND FLOOR BALCONIES IN RESIDENTIAL ZONES: Mayor Kerry declared the
public hearing open. The Planning Director reviewed the staff report dated
June 3, 1993, which indicated that at the April 12, 1993 City Council meeting,
a request for an appeal was presented to Council for a second floor balcony
located within the Sorrento Homes planned. development. At that meeting,
Council directed staff to modify the Cypress Zoning Ordinance to require a
conditional use permit for all second floor balconies within residential
zones, which do not exceed six feet in width. Those requests have been
permitted, in most cases, with landscaping or similar type of screening
measure required by the Design Review Committee. Council expressed several
concerns about the possibility of second floor balconies creating a privacy
problem. Council instructed staff to return with an amendment to the City
Zoning Code requiring a conditional use permit for all second floor balconies
in residential zones. Notices of the public hearing were posted and published
and, to date, staff has not received any comments on this proposal.
Councilmember Bowrnan asked if any of the Sorrento Home models were built with
a balcony and asked staff to consider that aspect first. The Planning
Director would check on the homes and will return at the next meeting with the
information
Mayor Kerry asked if anyone wished to speak in support of or in opposition to
the amendment.
Mr. Joe Hardcastle, Blanca Drive, Cypress, advised there are houses all over
the city with balconies and asked the purpose of the amendment to the
ordinance.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
continue this item to the meeting of June 28, 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
11
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CITY COUNCIL MINUTES June 14, 1993
CONSIDERATION OF PUBLIC HEARING RE• VARIANCE NO 93-5 REDUCTION IN SIDE YARD
SETBACK, 4732 SIMONE WAY: Mayor Kerry opened the public hearing. The staff
report dated June 7, 1993 requested that this item be continued to the next
Council meeting. It was moved by Councilmember Partin and seconded by
Councilmember Age to continue this item to the Council meeting of June 28,
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
CONTINUED CONSIDERATION OF FISCAL YEAR 1993/94 BUDGET:
Councilmember Age suggested that comments on the budget be received from the
public prior to the Council's Workshop meeting on June 21.
Mr. Tim Keenan, Dover Circle, Cypress, suggested that the people that voted
"no" on Measure A should get involved and provide information to the Council
on the budget. He wondered if some of the functions, such as the party on the
green, should be cancelled, eliminate pay for Commissioners, street sweeping
every other week, eliminate medical plan premium payments for Councilmembers,
look at the entire Park & Recreation District budget and there are ways to cut
the budget without affecting fire and police protection, Senior programs or
D.A.R.E.
Councilmember Nicholson advised that the budget hearings are open to the
public.
Mr. Joe Hardcastle, Blanca Drive, Cypress, stated he has spoken on this issue
many times and the way to save money is to get rid of the police officers that
follow the street sweeper, the trucks they drive, and the entire street
sweeping program. He also stated that the League of Cities meetings should
not be attended; they are a waste of money.
Mr. Mike Douthit, had a copy of a preliminary budget and asked if there was a
more current copy available.
Mr. Howard Martin asked if Council would leave the current cable TV franchise
fee to support the activities that it now supports or is there consideration
for change. The City Manager advised that staff has left the money from the
franchise in the cable program.
Councilmember Bowman asked about the street sweeping assessment and if it were
an available option. The City Attorney commented that it is an option and
probably would be considered an assessment district that would be created to
require the commercial property owners to pay into the district.
Councilmember Bowman suggested that the department heads prepare rough drafts
of their budget for the City Manager, with a copy provided to the Council, on
the proposed 5% budget cut.
Responding to Mayor Kerry, the City Manager explained that the original 5% cut
involved a basic reduction of all street maintenance to the maintenance effort
ieve1, removal of all capital outlay and capital projects and six employee
reductions. The Finance Director advised that in addition, across-the-board
cuts were made in many areas with some savings from previous years.
There was extensive discussion on street maintenance, maintenance of effort
for the Gas Tax and Measure M funds and Police Department staffing.
The City Manager stressed that the City works on a team approach and each
recognized what is contributed from other departments in terms of the overall
benefit to the City.
Councilmember Bowman suggested that the allocation of hours be considered to
determine efficiency prior to spending monies for more Police personnel. The
Police Chief advised that there is a report to Council outlining the
substantial savings of the 12 hour day over the 9 hour day for the
experimental period.
12
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CITY COUNCIL MINUTES June 14, 1993
Responding to Mayor Kerry, the Finance Director stated that the two major
revenues sources to the General Fund are sales tax and property tax. The
Finance Director then answered questions on sales tax revenue. He reported
that the City could lose one-third of its sales tax if current pending
legislation is passed.
it was moved by Councilmember Nicholson and seconded by Councilmember Age to
continue this item to the workshop session to be held on Monday, June 21, 1993
in the Administrative Conference Room. 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 POLICY REGARDING BOARDING UP OF ABANDONED BUILDINGS: It was
moved by Councilmember Bowman and seconded by Councilmember Nicholson to
continue this item to the Council meeting of July 12. 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 ZONING INTERPRETATION - PC-4 OFF-SITE SCHOOL GYMNASIUM 6125
CHIP AVENUE, BRETHREN CHRISTIAN SCHOOL: The Planning Director presented the
staff report dated May 18, 1993, which described a request received from
Brethren Christian School to determine the feasibility of establishing an
offsite school gymnasium at 6125 Chip Avenue. The school is contemplating
subleasing a 39,000 square foot portion of this from Whessoe-Varec, Inc. It
was determined the specific plan does not specifically identify gymnasiums or
health clubs but does reference some sections in the code that are open to
interpretation. Staff will submit a comprehensive review and analysis of the
proposed offsite gymnasium should City Council deem this use compatible with
the intent of the PC-4, subject to an approved conditional use permit.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to determine health clubs/gymnasiums can be permitted uses under Section C.
Uses Permitted Subject to a Conditional Use Permit of the PC-4. Upon
Council's determination, staff will return with a conditional use permit
application for consideration of establishing an offsite gymnasium for
Brethren Christian School. 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 LOCAL GOVERNMENT TRANSPORTATION CONTROL MEASURES FOR
COMMITMENT LETTER TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT: The
staff report dated June 4, 1993 was reviewed by the Planning Director. The
Council was briefed on the status of the countywide strategy for responding to
the transportation control measures contained in the 1991 Air Quality
Management Plan (AQMP) for the South Coast Air Basin. The City Council was
provided with a Menu of Actions for Local Governments to review and consider
for possible future implementation in an attempt to meet 100% of the City's
vehicle trip reduction target. The Council directed staff to return with a
suitable draft letter to the South Coast Air Quality Management District
(SCAQMD), describing the transportation control measure actions the City of
Cypress intends to implement by the December 31, 1993 deadline. The
commitment letter is due to the SCAQMD by June 30, 1993. The analysis took
into consideration the current economic recession's impact on local
businesses. A balance between each trip reduction action's effectiveness,
cost effectiveness and the degree of difficulty to implement and enforce the
actions were also considered. Finally, each action was evaluated for its
consistency with the goals and policies set forth in the City's General Plan.
13
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CITY COUNCIL MINUTES June 14, 1993
It was moved by Councilmember Partin and seconded by Councilmember Age to
direct staff to prepare a letter to the Air Quality Management District
reflecting the City of Cypress' commitment to consider implementation of the
actions specified in the attachment to 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
CONSIDERATION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND
THE CITY OF CYPRESS: The Finance Director summarized the staff report dated
June 2, 1993, which indicated that each year the Redevelopment Agency
submitted a Statement of Indebtedness to the County. The City currently has
three promissory notes and two cash advances outstanding with the Agency
totalling $4,775,000. Staff feels it would be appropriate to establish three
new promissory notes for one year with the principal and interest due June 15,
1994 unless extended by the City Council.
It was moved by Councilmember Age and seconded by Councilmember Partin to
authorize City Staff to execute the Repayment Agreement and the three
Promissory Notes in the amount of $2,050,000 with the Redevelopment Agency
with the repayment by the Agency to be made from future tax increments or
other sources from the project areas. 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 RECOMMENDATION FOR POSSIBLE MODIFICATION TO SECTIONS
14.2.A.4{b) and 14.2A.4.(c) OF THE CYPRESS ZONING ORDINANCE PERTAINING TO
SHARED PARKING BETWEEN COMMERCIAL AND CHURCH USES: It was moved by
Councilmember Nicholson and seconded by Councilmember Age to continue this
item to the Council meeting of July 12; 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 RESOLUTION OF THE CITY OF CYPRESS ADOPTING A MEASURE M
DEVELOPMENT MITIGATION PROGRAM AND A MEASURE M DEVELOPMENT PHASING AND
PERFORMANCE MONITORING PROGRAM IN COMPLIANCE WITH THE CITY OF CYPRESS GROWTH
MANAGEMENT ELEMENT AND THE COUNTYWIDE PROVISIONS OF MEASURE M'S COUNTYWIDE
GROWTH MANAGEMENT PROGRAM: The City Manager asked the Planning Director to
present the staff report dated June 4, 1993, which indicated that local
jurisdictions must be certified by the Orange County Transportation Authority
(OCTA) and described the method required to qualify annually for Measure M
turnback funds. The report outlined the programs the City must adopt from
their Growth Management Element, which included a resolution for Council
adoption.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, adopting various Measure
M programs.
RESOLUTION N0. 4207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A
MEASURE M DEVELOPMENT MITIGATION PROGRAM AND A MEASURE M DEVELOPMENT
PHASING AND PERFORMANCE MONITORING PROGRAM IN COMPLIANCE WITH THE CITY
OF CYPRESS GROWTH MANAGEMENT ELEMENT AND THE COUNTYWIDE PROVISIONS OF
MEASURE M'S COUNTYWIDE GROWTH MANAGEMENT PROGRAM.
The motion unanimously carried by the following roll call vote:
14
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CITY COUNCIL MINUTES June 14, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ANTI GRAFFITI ORDINANCE: Mayor Kerry suggested that this
item be continued for further discussion. The City Manager explained that
staff has attempted to agendize both Items 45 and 51 to be heard at the same
meeting. a
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to continue this item to the Council meeting of July 12, 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 APPLYING FOR FCC CERTIFICATION TO REGULATE CABLE RATES: The
staff report dated June 8, 1993, was presented by the Assistant City Manager
who advised that the Cable Television Act of 1992 has re-regulated cable
television franchises in the areas of customer service standards and rate
regulations. Cities that want to apply for rate regulation certification may
do so any time after June 21, 1993, by filing a petition with the FCC. The
City staff is prepared to file the certification and proposed draft cable rate
regulations in a timely manner. The Assistant City Manager noted that in the
recommendation, the word "Mayor" should be changed to "City Clerk."
It was moved by Councilmember Bowman and seconded by Councilmember Age to: 1)
authorize the staff to prepare and the City Clerk to sign the necessary form
letter for FCC certification to regulate basic cable services rates; and 2)
direct the staff to prepare basic cable service rate regulations for the City
Council's further consideration. The motion unanimously carried by the
following roll call vote: F
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding Item 51, the Police Chief advised that he will be absent from the
July 12 meeting and asked if the consideration of an Anti Graffiti Ordinance
could be continued to the July 26 meeting.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
reconsider Items 45 and 51. 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 Age to
continue Item 45, Consideration of Policy Regarding Boarding Up of Abandoned
Buildings and Item 51, Consideration of Anti Graffiti Ordinance to the Council
meeting of July 26, 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 ESTABLISHING THE CLASS SPECIFICATION AND COMPENSATION FOR
FINANCE SYSTEMS ANALYST I/II: The Personnel Director presented the staff
report dated June 9, 1993, which advised that the Personnel Department had
reviewed the existing class specification for the position of Financial
Systems Analyst. They are recommending that this classification be amended to
allow for flexible staffing, thereby creating the Finance Systems Analyst I
and Finance Systems Analyst II classifications which provide for an entry
15
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CITY COUNCIL MINUTES June 14, 1993
level and a journey level position. A 10% spread between the entry and
journey level top step is consistent with other flexible staffing positions
currently in the Position Classification Plan.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follows, amending Resolution
No. 3574 by adding Finance Systems Analyst I/II to the Position Classification
Plan.
RESOLUTION N0. 4208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS
EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING
RESOLUTION N0. 3574, BY ADDING CLASS SPECIFICATIONS OF FINANCE SYSTEMS
ANALYST I/II TO THE POSITION CLASSIFICATION PLAN AND ESTABLISHING
COMPENSATION FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RECREATION AND COMMUNITY SERVICES COMMISSIONERS' TERMS
EXPIRATION: The staff report dated June 10, 1993 advised that Recreation and
Community Services Commissioners Leo Friedland, Johnnie Perkins, Alfred
Prevost and Nancy Trainer first term of office will expire and they have all
expressed an interest in being reappointed.
Councilmember Partin requested the attendance record of the Recreation and
Community Services Commissioners. Mayor Kerry suggested this item be
continued so the records could be provided to the Council.
It was moved by Councilmember Partin and seconded by Councilmember Age to
continue this item to the meeting of June 28, 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 THE OPERATING MEMORANDUM AGREEMENT BETWEEN CYPRESS HOMES AND
THE CITY OF CYPRESS REGARDING FIRE SPRINKLERS AT THE SORRENTO DEVELOPMENT:
The City Manager requested the City Attorney review the staff report, which
addressed the ambiguity in Section 3.3(a) of Development Agreement No. 88-2
regarding the applicability of the Sprinkler Ordinance to the development of
the property. It is necessary that the City and Cypress Homes clarify their
intent at the time the Vesting Tentative Map was approved and the Development
Agreement was executed with respect to reservation of the City's right to
apply subsequent adopted fire sprinkler ordinances to the remaining single-
family residential dwelling units to be constructed on the property.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve this Operating Memorandum Agreement for Development Agreement No.
88-2 as it will resolve the intent of the parties with respect to
applicability of the City Fire Sprinkler Ordinance to the Sorrento Homes
Development and provide the requisite safeguards to the City as a result of
the absence of such automatic fire sprinklers for the remaining development on
the property. 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
Councilmember Age explained that she abstained because her employer, Bank of
America, is a lender to Sorrento Homes.
16
CITY COUNCIL MINUTES June 14, 1993
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 4745 -
4955: It was moved by Councilmember Age and seconded by Councilmember
Nicholson to approve Warrants No. 4745 through 4955 in the amount of
$865,697.73. 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
Recreation & Park District Matters:
CONSIDERATION OF DISCONTINUANCES OF SWAIN SCHOOL DAY CARE PROGRAM: The
Recreation & Park District Director presented the staff report dated June 8,
1993, which stated that the Extended Day Care Program at Swain School has
provided an excellent service to the School District and Community with its
inception in 1987. Considering the added costs to next year's program and the
decreasing maintenance and administrative resources available, staff is
recommending, with mutual agreement with the Cypress School District, that the
Cypress Recreation and Park District participation be discontinued.
It was moved by Councilmember Partin 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: 1) discontinue the Cypress
Recreation and Park District sponsored Swain School Day Program, and 2)
terminate, at the end of the current 1992-93 school year, the lease agreement
with the Cypress School District. 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 THE EARLY PAYOFF OF THE PROMISSORY NOTE BETWEEN THE CYPRESS
REDEVELOPMENT AGENCY AND THE CYPRESS RECREATION AND PARK DISTRICT: The staff
report dated June 1, 1993 indicated that on August 28, 1989 authorization was
given the District to execute a promissory note in the amount of $360,000 with
the Cypress Redevelopment Agency. However, since the District would like to
purchase Texaco Park and currently does not have sufficient funds, the
District would like to have the note paid off one year early. Since the Note
was issued with an interest rate of 12%, the Agency would also benefit by the
early payment of this debt.
It was moved by Councilmember Partin and seconded by Councilmember Bowman that
the City Council, acting as the ex-officio governing Board of Directors of the
Cypress Recreation and Park District authorize the early payoff of the
Promissory note between the District and the Cypress Redevelopment Agency.
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 NEW CYPRESS SENIOR CITIZENS CENTER FACILITY USE POLICY: The
City Manager suggested that this item be continued. Mayor Kerry asked if this
item been referred to the Recreation and Community Services Commission and, if
not, it should be. Councilmember Nicholson concurred.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
refer this item to the Recreation and Community Services Commission for their
input and then return to Council. 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
17
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CITY COUNCIL MINUTES June 14, 1993
RECESS: Mayor Kerry recessed the Council meeting at 10:50 p.m. to enable the
Council to act as the Cypress Redevelopment Agency. The meeting reconvened at
10:55 p.m. with all Councilmembers present.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 11:00 p.m. to 7:00 p.m.,
Monday, June 21, 1993, in the Administrative Conference Room.
MAYOR OF THE C TY 0 S
ATTEST:
CITY C R O H CI F CYPRESS
18
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EXHIBIT "A"
CITY CLERK'S CERTIFICATE OF CANVASS
I, Lillian M. Haina, Deputy City Clerk of the City of Cypress,
authorized by Resolution No. 4180, adopted by the City Council on
April 26, 1993, do certify that I have canvassed the returns of the
Special Municipal Election held on June 8, 1993, and find that the
number of votes given at each precinct and for and against the
Measure were as follows:
MEASURE A
Shall card clubs in which any games
permitted by law, such as draw poker,
low-ball poker, and panguingue (pan) YES
are played to be allowed in the P/S,
"Public/Semi-Public," zone, subject NO
to a conditional use permit in the
City of Cypress at a single location,
located on any portion of either the
grandstand structure and/or the Turf
Club structure at the Los Alamitos
Race Track?
PRECINCT N0. YES NO BALLOTS CAST
1 96 164 260
2 103 150 253
3 75 132 207
4 37 97 134
5 108 307 415
6 122 366 488
7 111 205 316
8 160 316 476
9 107 195 302
10 175 344 519
11 138 407 545
12 194 489 683
13 137 246 383
14 184 397 581
15 158 445 603
16 107 242 349
17 100 277 377
18 140 399 539
19 96 300 396
20 129 292 421
21 106 389 495
22 137 389 526
23 153 367 520
24 119 327 446
Absentee Ballots 1943 1481 3424
Provisional Ballots 2 7 9
TOTAL 4937 8730 13,667
• ~ 7TU'y'°`1
DEPUTY CI Y CLERK OF THE CITY OF CYPRESS