Minutes 94-02-14
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 14, 1994
The Regular Meeting of the Cypress City Council was called to order on Monday, February
14, 1994 at 4:45 p.m., in the Administrative Conference Room, West Wing, City Hall, 5275
orange Avenue, Cypress, Mayor Pro Tem Joyce Nicholson presiding.
PRESENT:
ABSENT:
Councilmembers Age, Bowman, Kerry and Nicholson
Mayor Partin
Also present were City Manager/City Clerk Darrell Essex, Planning Director Christine Eynon
and consultants from P&D Technologies and the Dike partnership.
WORKSHOP SESSION: Lincoln Avenue Specific Plan
Mr. Patrick Callahan of P&D Technologies gave a brief overview of the final concepts of
the development of the Lincoln Avenue project. He reported that they had met with
Elma Clamp, Business Manager, and Chancellor Tom Harris of Cypress COllege and he felt
that it was a very positive meeting. The consultants had assembled some overlays and
provided ideas on what would encourage the development of Lincoln Avenue.
Ms. Joan Lombardo, commented that from the previous meeting with the council, the
most Significant adjustment made to the proposed plan was the issue of multi-family
over commercial use and they are now looking at expanding it east of Grindlay on the
south side of Lincoln Avenue. She requested additional direction from Council on the
land uses and design quality anticipated.
MAYOR PARTIN ARRIVED AT 4:50 P.M.
The Planning Director commented that a letter had been sent to K-Mart regarding their
possible Interest In the old Nissan site on the south side of Lincoln Avenue.
Mr. Callahan described the pedestrian friendly situation they were attempting to design
along Lincoln Avenue, with arcades, colonnades and streetscaping.
Councllmember Bowman mentioned the Nissan site and if K-Mart is willing to go in
there, the City should pursue it
CLOSED SESSION: Mayor Partin recessed the meeting at 5:15 p.m. to enable the Council to
enter into Closed session to discuss personnel matters.
RECESS: The Mayor recessed the meeting at 6:35 p.m. so Council could reconvene in the
Council Chamber. The meeting was called to order at 6:40 p.m. with all Councilmembers
present Also present were staff members Munoz and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak.
CONSIDERATION OF AWARD OF CONTRACT FOR BLOOD ALCOHOL TESTING: The Police Chief
presented the staff report dated January 28, 1994, which sought to renew a contract
with California Forensic Phlebotomy for testing the blood alcohol levels of arrested
drunk drivers. The cost of a completed blood alcohol examination will be increased to
S44.50 effective JUly 1, 1994. The current fee of S42.50 per examination will remain in
effect until that time.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to authorize the renewal of contract for blood alcohol testing to California Forensic
Phlebotomy, 2401 East 17th street, Suite 179, Santa Ana, CA 92701, for the periOd March
1,1994 to June 30, 1994 at a cost of S42.50 per examination and for the period July 1,
1994 to February 28,1995 at a cost of S44.50 per examination. The motion unanimOUSly
carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR CONSULTANT TRAFFIC ENGINEERING SERVICES
FOR THE LINCOLN AVENUE AND WALKER STREET TRAFFIC SIGNAL INTERCONNECT PROJECTS.
PUBLIC WORKS PROJECT NOS. 9314 AND 9322: The staff report dated February 7,1994 was
CITY COUNCil MINUTES
February 14, 1994
presented by the Acting City Engineer. The CIty of Cypress receIved approval from the
orange County Transportation AuthorIty (OCTAl for funding of traffic signal interconnect
projects on Lincoln Avenue and Walker street, through two of the Combined
Transportation Funding Programs (CTFPI. Due to the extensive scope and specialized
nature of these projects, the City of Cypress, as the lead agency, sought proposals from
eight consulting firms for traffic engineerIng design of these projects. Proposals were
received from six firms and were reviewed by a Selection Committee comprised of
representatives from the agencies involved with these projects. The total estimated
cost for the LIncoln Avenue project is approximately $445,000 and for the Walker street
project, approximately $645,000. A contract was negotiated for performing the
reQuired services for a fee of $120,800 for the Lincoln Avenue project and $71,500 for
the Walker street project, for a total not-to-exceed fee of $192,300.
Council member Bowman stated that Walker Street seemed to be a very low priority as
far as signal coordination and he wondered whY the City was proceeding with It.
Council member Kerry asked if the sIgnal coordination on Walker really needed to be
done.
The City Manager explained that one of the commitments made under Measure M was
to use turnback funds. This project Is being funded totallY out of turn back money that
would not become available anytime In the future. He stated that the bottom line Is if
Council turns down the Walker street project, the money will go to another City.
...
Council member Kerry will vote no because she believed the money should be turned
back and put It on a project that Is more valuable. Council member Bowman concurred.
It was moved by Council member Age and seconded by Councllmember Nicholson to:
11 authorize estimated revenue in the amount of $210,000 to Measure M Fund
Account No. 3801-39;
21 authorize an appropriation In the amount of $120,800 from the fund balance of
the Measure M Fund Account to Account No. 4189-39-460-22; and
31 award a contract for Traffic Engineering Services for the Lincoln Avenue and
Walker Street Traffic Signal Interconnect projects to Albert Grover & Associates,
211 E. Imperial HIghway, Suite 208, Fullerton, CA 92635, for the preparation of
specifications, project management, inspection and signal timing, for a not-to-
exceed fee for the two projects of $192,300.
The motion carried by the followIng roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCllMEMBERS: Age, Nicholson and Partin
2 COUNCllMEMBERS: Bowman and Kerry
o COUNCllMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTAllATION AND PURCHASE OF A VIDEO
PROJECTION SYSTEM FOR THE CYPRESS SENIOR CITIZENS CENTER: The City Manager reviewed
the staff report dated February 7,1994, correcting a previous award of contract to
Mitsubishi Electronics America, Inc., whIch should have been awarded to Audiovislons,
Inc.
It was moved by Councilmember Bowman and seconded by Councllmember Nicholson
that the City Council, acting as the ex- officio governing Board of Directors for the
cypress Recreation and Park District, award the contract to Audlovisions, Inc., 15375
Barranca parkway, Suite B107, Irvine, CA 92718, at a cost of $6,450.68 for the purchase
and installation of a video projection system whIch included a video ceiling projector
and video cassette recorder. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCllMEMBERS: None
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CITY COUNCIL MINUTES
February 14, 1994
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.
Council member Nicholson requested that Item NO. 15, Consideration of Employment List
for the Position of Financial systems Analyst, be removed. Council member Age asked
that Item No. 17, Consideration of Acceptance of Resignation Submitted by Cultural Arts
Commissioner craig Harreld and Authorizing Staff to Solicit Applications for the
Commission Vacancies, be pUlled.
It was moved by Councllmember Age and seconded by Council member Kerry to approve
the Consent calendar Items NO.4 through 20, with the exception of Items NO. 15 and 17.
The motion unanimously carried by the follOwing roll call vote:
...L..,
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item No.4: Motion to Approve City Council Minutes of the Regular Meeting of January
24, 1994.
Recommendation: That the City Council approve the Minutes of January 24, 1994, as
submitted.
Item No.5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for consideration by TItle only and to waive Further Reading.
Item NO.6: Consideration of Adoption of Resolution Commending Eagle Scout Mark
Aaron Hertz.
Recommendation: That the City Council adopt the Resolution by title only, title as
fOllOWS, commending Eagle Scout Mark Aaron Hertz.
:-,
RESOLUTION NO. 4277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT MARK AARON HERTZ ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No.7: Consideration of Design Review Committee's Approval of DRC #94-1 and #94-
3.
Recommendation: Receive and file.
Item No.8: Consideration of proclaiming March 1994 as "Red Cross Month."
Recommendation: That the Mayor and City Council officially proclaim the month of
March 1994, as "Red Cross Month" in the City of cypress, and authorize flying the Red
Cross flag at the City Hall during the month of March.
Item NO.9: Consideration of Adoption of Resolution commending Mr. Andrew Lachina,
1994 Cypress college Americana Award Recipient.
Recommendation: That the City council adopt the Resolution by title only, title as
fOllows, commending Mr. Andrew Lachina on being selected as the 1994 Cypress college
Americana Award recipient from the City of Cypress. .....,
RESOLUTION NO. 4278
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR.
ANDREW LACHINA ON BEING SELECTED AS THE 1994 CYPRESS COLLEGE AMERICAN
AWARD RECIPIENT FROM THE CITY OF CYPRESS.
Item No. 10: Consideration of Proclaiming March 12, 1994, as "Carl Williams Day" in the
City of Cypress
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CITY COUNCIL MINUTES
February 14, 1994
Recommendation: That the Mayor and City Council officially proclaim March 12, 1994, as
"Carl Williams Day" in the City of cypress.
Item No. 11: Consideration of Continuous Employment List for the Position of Police
Officer !Academy Trained Entryl.
Recommendation: Receive and file.
Item No. 12: Consideration of Request for the Installation of Red Curb on the West Side
of Denni Street at Larwln Avenue.
Recommendation: That the City Council approve the recommendation of the Traffic
Commission and adopt a Resolution by title only, title as follows, approving the
Installation of SO' of "No parking Anytime" area on the west side of Denni street, north
of Larwin Avenue, and 30' of "No parking Anytime" area on the west side of Denni street,
south of Larwin Avenue.
RESOLUTION NO. 4279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A "NO
PARKING ANYTIME" AREA ON THE WEST SIDE OF DENNI STREET AT LARWIN AVENUE.
Item No. 13: Consideration of a Resolution Amending the City's Appropriation Limits for
FY 1992-93 and FY 1993-94.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, amending the City's FY 1992-93 and FY 1993-94 appropriation limits.
RESOLUTION NO. 4280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE CITY'S
APPROPRIATIONS LIMITS FOR THE FISCAL YEARS 1992-93 AND 1993-94.
Item No. 14: Consideration of Proposed Public Improvements on Crescent Avenue,
South Side, Between Watson Street and Walker street.
Recommendation: Receive and file.
Item No. 16: Consideration of CATV Commission Recommendation for One PUblic Access
Grant
Recommendation: That the City Council approve the cable television public access grant
as outlined in the report.
Item NO. 18: Consideration of professional Photographic Services Contract Renewal.
Recommendation: That the City Council authorize staff to renew its contract with
Edward R. spurgeon of Cypress Photo Art, 6179-B Ball Road, Cypress, CA 90630, for annual
professional photographic services for the period of March 1, 1994 through February 28,
1995, with no change to the existing contract rates.
Recreation & Park District Matters
Item No. 19: Consideration of a Resolution Amending the cypress Recreation and Park
District's Appropriation Limits for FY 1992-93 and FY 1993-94.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by title only,
title as follows, amending the District's FY 1992-93 and FY 1993-94 appropriation limits.
RESOLUTION NO. 181
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, AMENDING THE CYPRESS RECREATION AND PARK
DISTRICT'S APPROPRIATIONS LIMITS FOR THE FISCAL YEARS 1992-93 AND 1993-94.
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CITY COUNCIL MINUTES
February 14,1994
Item No. 20: Consideration of Appropriation of Funds for Plan Check of the Oak Knoll
Park Dugout Roof.
Recommendation: That the City council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and park District, approve appropriation of $450.00
from the General Fund of the Cypress Recreation and Park District to Account No. 4187-
12-301-10 for the Plan Check of the roof construction at dugouts and field #3 at Oak
Knoll Park.
END OF CONSENT CALENDAR
Regarding Item No. 25, Consideration of Employment List for the Position of Financial
Systems Analyst, Councllmember Nicholson stated she pUlled this Item because Council
wanted to know how many positions were vacant at this time, so they could be
considered prior to being filled.
The City Manager suggested that this item be deferred to the 7:30 portion of the
meeting when the personnel Director was present and, hearing no objection, Mayor
Partin so ordered.
In regard to Item No. 17, Consideration of Acceptance of Resignation Submitted by
Cultural Arts Commissioner and the Solicitation of Applications for the vacancy,
Council member Age wondered if this Commission vacancy should be advertised at this
time since there is a possibility that Commission service might become VOluntary. It was
suggested holding, not advertising at this time and bringing the item back to Council in
two months at the meeting of April 11.
It was moved by Council member Age and seconded by Council member Kerry to
regretfully accept the resignation of craig Herrald from the Cultural Arts Commission
and direct staff to bring the solicitation of applications for the vacancy back to Council
In two months. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, NiCholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
ORDINANCES (second Reading) & RESOLUTIONS:
It was moved by Councllmember Bowman and seconded by Council member Kerry to
adopt the Resolution by title only, title as follows, approving CUP No. 93-18.
RESOLUTION NO. 4281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL
USE PERMIT NO. 93-18 - WITH CONDITIONS (RESTAURANT INCLUDING SIX (6) VIDEO GAME
MACHINES AND SALE OF ON SITE BEER & WINE, 9921 WALKER STREED.
The motion unanimously carried by the fOllowing roll call vote:
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CITY COUNCIL MINUTES
February 14,1994
Closed Session on personnel matters. He then summarized the actions taken by the
Council during the 5:30 p.m. portion of the Agenda.
The City Attorney reviewed discussions held during the Closed Session at 5:25 p.m. on
personnel Items dealing with salaries and working conditions. Council then held another
Closed session during the 5:30 p.m portion of the Council meeting on personnel
matters.
Mayor Partin requested Chief Wicker to provide a status report on the recruitment of
additional pollee officers. The Chief advised that in excess of 100 applications for the
positions have been received, oral interviews and some background investigations have
been conducted. One applicant has been employed and the selection process is
continuing.
The City Manager requested that an item be added to the agenda as NO. 30A,
Consideration of Letter to California State Board of Equalization Opposing proposed
Regulation 1802 Amendments. It was moved by Councilmember Bowman and seconded
by Council member NiCholson to add Item No 30A. The motion unanimously carried by
the following roll call vote:
d ".! 16
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CITY COUNCIL MINUTES
February 14, 1994
Closed Session on personnel matters. He then summarized the actions taken by the
Council during the S:30 p.m. portion of the Agenda.
The City Attorney reviewed discussions held during the Closed Session at S:2S p.m. on
personnel Items dealing with salaries and working conditions. Council then held another
Closed session dUring the 5:30 p.m portion of the Council meeting on personnel
matters.
Mayor Partin requested Chief Wicker to provide a status report on the recruitment of
additional pOlice officers. The Chief advised that in excess of 100 applications for the
positions have been received, oral interviews and some background investigations have
been conducted. One applicant has been employed and the selection process Is
continuing.
The City Manager requested that an item be added to the agenda as No. 30A,
Consideration of Letter to California State Board of Equalization opposing Proposed
Regulation 1802 Amendments. It was moved by Councilmember Bowman and seconded
I:)y Councilmember Nicholson to add Item No 30A. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Three ex-members of the disbanded Citizens Fiscal Advisory committee, Reynold Elkin,
Robert Solheim and Maryann Jones came before the Council to request that they be
able to provide additional Information on the CFAC report to CounciL The group would
like to participate in workshop sessions to more fully define and explain the report.
Mayor Partin stated that the City Manager has received direction from the Council and
staff is moving as expeditiouslY as possible with practically everything that was
recommended by the CFAC.
Mr. Michael skelley, 9398 Danbury street, Cypress, mentioned an article in the newspaper
and he asked why the CFAC was disbanded before they had a chance to present their
findings.
Mayor Partin explained what transpired at the saturday, February 5 bUdget workshop.
The City Attorney clarified that It was important to realize that the items brought to the
attention of the Council by CFAC that Involved salaries and working conditions are to be
discussed in Closed Session. Since the City is in on-going negotiations with the Police
Association that had to be discussed in Closed Sessions.
The City Manager assured the audience that the recommendations made by the
Committee are being taken very seriously; however, certain areas of the
recommendations are subject to the meet and confer process. The Committee can
participate in Council budget workshops and discussions, except for the Closed Sessions.
Council member Kerry asked that the ex-Committee members be apprised of all of the
budget workshops so they can attend if they choose.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. NO one
wished to speak.
Regarding Item NO. 15, Consideration of Employment List for the Position of Financial
Systems Analyst, the Personnel Director explained that the action indicated the receipt
of a certified list and the filling of the Position is a different issue. It was moved by
Councilmember Nicholson and seconded by Councilmember Kerry to receive and file the
employment list for the position of Financial systems Analyst. The motion unanimously
carried by the foilowing roil cail vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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CITY COUNCIL MINUTES
February 14,1994
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE AMENDMENT NO. 93-7. AMENDING SECTIONS 8: 10.1.B.: AND 10.3.B. OF THE
CYPRESS ZONING CODE TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR THE
CONSIDERATION OF SINGLE ROOM OCCUPANCY DEVELOPMENTS: Mayor Partin opened the
public hearing. The Planning Director referenced the staff report dated January 28,
1994 and stated that there were some clarifications that staff needed to make on the
ordinance that had not been addressed In the staff report Therefore, staff is
requesting that the Item be continued.
It was moved by Councilmember Bowman and seconded by Council member Kerry to
continue this Item to the meeting of March 14, 1994. Councilmember Kerry requested
that the draft ordinance be provided Council in sufficient time for study. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: MODIFICATION TO DEVELOPMENT
AGREEMENT NO. 90-1. FIVE (S) YEAR EXTENSION OF HOTEL REQUIREMENT. NORTHWEST CORNER
OF KATELLA AVENUE AND WALKER STREET. ADJACENT TO THE LOS ALAMITOS RACE COURSE:
Mayor Partin declared the public hearing open. The Planning Director reviewed the
staff report dated January 3, 1994, which represented a request by FJC U.S.A., Inc. to
modify Section 16 of Development Agreement No. 90-1 extending the requirement to
have a hotel open and operating on parcel 6 by May 24, 1995. In accordance with the
requirements of the California Environmental Quality Act, this application has been
determined not to be a project. Section 20 of the Agreement allows extensions of time
in Instances where the delay Is beyond the control of the developer. Due to market
considerations, which are beyond the developer'S control, they are requesting a five
year extension of this requirement to allow a hotel to be opened and operating by May
24, 2000. staff feels that, due to current economic and market considerations, the
construction of a hotel would not be feasible at this time.
Responding to Councilmember Bowman, the City Attorney replied that state law says
that a development agreement is initiated by ordinance. Amendments to development
agreements must also be done by an ordinance adopted by the Council.
Mr. Ruben Perez, an employee of FJC U.S.A., Inc., explained that Mr. Matsuda was unable
to attend this Council meeting and extended his apologies. He reported that FJC has
been working with different contractors that specialize in the building of hotels but the
prOblem has been the with financing.
NO one wished to speak in support of or in opposition to the application.
Council member Bowman commented on the financing because the property is in the
redevelopment area and asked If the Redevelopment Agency could become Involved
with financial assistance.
The City Manager responded that It is something that could be reviewed.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
continue this item to the February 28,1994 Council meeting. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: EXTENSION OF URGENCY ORDINANCE NO. 906
AMENDING SECTION 303(a) OF THE UNIFORM BUILDING CODE. ALLOWING BUILDING PERMITS TO
BE ISSUED ON A DISCRETIONARY BASIS: The public hearing was opened by Mayor Partin.
The City Manager requested the planning Director to present the staff report dated
February 8,1994. At the City Council meeting of January 10, 1994, an urgency Ordinance
was approved which allowed building permits to be issued on a discretionary basis
subject to City Council approval. This urgency Ordinance will expire on February 24,
1994, therefore, it is necessary for the Council to continue the Ordinance for an
additional time period of ten months, 15 days. Staff has begun analyzing the need to
adopt this as a permanent ordinance and will be returning to Council with the results of
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51
CITY COUNCIL MINUTES
February 14, 1994
this studY at the June 13, 1994 Council meeting or sooner, if completed. In accordance
with the requirements of the California Environmental Quality Act, this project has been
declared exempt. Notice of the public hearing was prepared and posted in accordance
with Section 65090 of the California Government Code.
The City Attorney explained that the last time the Council adopted this urgency
ordinance, they were concerned about having this type of building permit issuance
done on a discretionary basis. That ordinance was amended to require that the City
Council approve any conditions and the issuance of the building permit. The problem
Council needs to be aware of Is that If this ordinance is approved for a short period of
time, i.e., three months, each time CounCil adopts an urgency ordinance, they have to
establish findings of an immediate threat to the pUblic health, safety and welfare. He
recommended that a time longer than three months be set.
Councilmember Age suggested that the ordinance not be continued past November.
Councllmember Bowman suggested the date of June 13, 1994.
The City Attorney suggested the following language be inserted in Section 9, "The term
of this ordinance shall be valid until June 13, 1994 or unless otherwise repealed earlier
by the City Council."
It was moved by Council member Kerry and seconded by Council member Nicholson to
adopt the urgency ordinance, as amended, by title only, title as follows, allowing
building permits to be issued on a discretionary basis.
ORDINANCE NO. 908
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING
ORDINANCE NO. 906, AMENDING SECTION 303(a) OF THE UNIFORM BUILDING CODE,
ALLOWING BUILDING PERMITS TO BE ISSUED ON A DISCRETIONARY BASIS.
The motion unanimouslY carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONTINUATION OF CITY-WIDE TRAFFIC MITIGATION
FEE ORDINANCE: Mayor Partin opened the public hearing. The City Manager advised that
the staff report dated February 7,1994 requested a continuation of this item.
It was moved by Council member Age and seconded by Council member NichOlson to
continue this item to the Council meeting of February 28, 1994. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF ADJUSTMENT IN STREET SWEEPING RATES: The City
Manager stated that the City Council had continued the consideration of this matter to
the meeting of February 14,1994 but staff Is not fully prepared to report on some of
the alternatives.
Councilmember Bowman asked what the cost would be if street sweeping were done
every other week. The Finance Director replied that the current expenditure In the
budget is $313,000. If one week was eliminated, the cost would drop to $230,000 and
that would be the amount recoverable by fees. Currently, $312,000 is recovered and the
fee would have to be reduced to $1.84 as opposed to $2.50 if street sweeping were
done every other week. The parking violation revenue probably would drop by about
40%, or approximately $56,000.
Council member Age commented that she had asked for Huntington Beach's policy.
It was moved by Councilmember Kerry and seconded by Council member Nicholson to
continue this item to the March 14 Council meeting. The motion unanimously carried by
the fOllowing roll call vote:
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52
CITY COUNCIL MINUTES
February 14, 1994
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Council member Nicholson asked how much It would cost to change the street sweeping
signs.
Council member Bowman asked for a written breakdown of the costs.
CONSIDERATION OF LANDMARK TREE REMOVAL PERMIT NO. 94-1. REQUEST TO REMOVE THREE
(3) LANDMARK TREES. GRACE CHURCH. 5100 CERRITOS AVENUE: The Planning Director
summarized the staff report dated February 2, 1994, which represented a request to
remove three landmark trees located at 5100 Cerritos Avenue. The subject permit Is
required In compliance with the Mitigation Monitoring Program for the Cypress Business
and Professional Center Environmental Impact Report. Three of the Landmark Trees
located at the subject site have recently died due to a beetle Infestation, which attacks
Eucalyptus trees. Grace Church proposes to designate three mature Queen Palms
located in the paved courtyard area along Cerrltos Avenue as replacements for the
proposed Landmark Tree removals.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve Landmark Tree Removal Permit No. 94-1, SUbject to one condition. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF FARM ANIMAL OVERLAY ZONE SURVEY: The Planning Director presented
the staff report dated February 2, 1994, which provided a brief history of the farm
animal overlay designation. A previous survey was not mailed certified, staff could not
determine if all property owners received that survey and there wasn't a large enough
response to ensure a comprehensive baseline. In light of recent General Plan policy
direction, staff is now requesting authorization to send an UPdated survey by certified
mail. After the results of the survey are compiled and reviewed, staff will return to the
City Council with a status report. That information will help the Council determine the
next appropriate step in land use policies for the Farm Animal Overlay Zone.
councilmember Kerry asked if this project could be deferred and questioned the need
for conducting a survey at this time because of the cost. The Planning Director stated
that the baseline information is necessary before any decision can be made on zoning
and land use issues in this area.
After some discussion, Council member Age remarked that the survey shOuld be
conducted to determine how many animals people now have, which will establish the
baseline.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
continue this item to the meeting of March 28, 1994. The motion unanimouSly carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PURCHASE OF ADDITIONAL COPIES OF CHAMBER OF COMMERCE MAP: The
City Manager gave the staff report dated February 8, 1994, which advised that If the City
wishes to purchase 2,500 maps, the Chamber would have to order another lot (5,000
cOpies) and share the lot cost of $1,500 with the City.
Responding to questions from council, Mrs. Sheila Elkin, Executive Director of the
Chamber, stated that the map was a two year project.
It was moved by Council member Age and seconded by Council member Bowman to
purchase 2,500 maps and request the Chamber to order another 5,000, Sharing the
$1,500 cost with the City at $750 each. The motion unanimously carried by the fOllowing
roll call vote:
9
CITY COUNCIL MINUTES
AYES:
NOES:
ABSENT:
.../
53
February 14,1994
S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF APPOINTMENT TO THE EL TORO REUSE PLANNING AUTHORITY EXECUTIVE
COUNCIL: The City Manager reviewed the staff report dated February 9,1994, which
described a communication received from supervisor Thomas F. Riley, requesting the
City Council appoint a representative to the EI TOro Reuse Planning Authority IETRPAI
Executive CounciL
Council member Bowman suggested that Council member Age be appointed
representative.
It was moved by Council member Bowman and seconded by Council member Nicholson
to appoint Council member Age as the representative and Council member Kerry as the
alternate to the ETRPA. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 8451 -
8665: It was moved by Councilmember Nicholson and seconded by Council member Age
to approve the Warrants NO. 84S1 through 8665 in the amount of S1,013,661.78. The
motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF LETTER TO CALIFORNIA STATE BOARD OF EQUALIZATION OPPOSING
PROPOSED REGULATION 1802 AMENDMENTS: The Finance Director presented the staff
report dated February 14,1994, which noted the establishment of the February 28
deadline for input relating to the proposed amendments to Regulation 1802 allocation
of Local Sales/Use Tax. The proposed regulation generally transfers the local sales/use tax
generated by manufacturers from cities with manufacturing to cities with retailing.
Since the City of Cypress has manufacturing businesses and its retail allocation Is below
other Orange county cities, our sales tax auditors have determined that the proposed
amendment will adversely affect Cypress.
It was moved by Councilmember Nicholson and seconded by Council member Age to
approve the proposed letter to the State Board of Equalization, which opposed the
amendments to Regulation 1802, for the Mayor'S signature. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Recreation and park District Matters:
CONSIDERATION OF YOUTH SPORTS RESIDENCY POLICY: The City Manager asked the
Recreation and Park Director to present the staff report dated February 7, 1994. The
Director advised that, in 1992, the Recreation Facilities Assessment Committee Report
recommended an annual review of the residency status of each YOuth sports league
utilizing pUblic facilities. currently, those groups with 50% or more resident members
maintain a priority use of the public facilities. The Recreation and Community Services
commission, at its regular meeting of January 18, 1994, voted unanimously to
recommend that the City Council retain the faCility use policy as recommended by the
Advisory Committee on Use of Athletic Facilities. In discussion of the residency POliCY,
the Commission took into consideration the sports field lighting needs and parking
problems which currentlY exist with the great number of athletic field users at Oak Knoll
Park and Arnold/Cypress Park.
Council member Kerry asked if the Commission discussed the idea of requiring fees for
non-residents participating in any of the sports leagues. The Recreation & Park District
Director stated that issue was discussed and the Commission was not in favor of it
because they felt it would be a burden to the leagues and would discourage
10
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54
CITY COUNCIL MINUTES
February 14,1994
participation in those sports. Council member Kerry felt that the Commission should
look at non-resident fees and what other cities are doing.
After some discussion, Council member Bowman stated he didn't have a problem
charging the same fee for Cypress residents and youth coming from the contiguous
surrounding area. An area that should be reviewed is adult non-residents that are using
the activity programs at the Community Center.
Councilmember Age expressed the opinion that she might not want to see fees raised.
It was moved by Council member Kerry that the City council, acting as the ex-officio
governing Board of Directors for the cypress Recreation and Park District, retain the
50% plus one residency policy as recommended by the Recreation and Community
Services Commission and the commission review the policy of Charging fees to non-
residents for any programs regulated by the Recreation and Park District. The motion
died for lack of a second.
It was moved by Council member Age and seconded by Council member Bowman that
the City council, acting as the ex-officio governing Board of Directors for the cypress
Recreation and park District, retain the 50% reSidency policy as recommended by the
Recreation and Community Services Commission. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Council member Kerry commented that the Recreation and Community Services
Commission has not looked at fees for non-residents. She has asked that this subject be
brought before the Commission in the past and believed it was a mistake not to bring it
before them.
ORAL COMMUNiCATIONS: For Matters Not on the Agenda
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda
The Police Chief acknowledged publicly a S500 donation to the DARE program from
Ronald and Mary Ellen Day of Cypress and he read the note that accompanied the
donation.
CLOSED SESSION: Mayor Partin recessed the meeting at 9:05 p.m. to allow Council to
enter into a Closed session. The City Attorney explained, for the record, that the Closed
Session was to be held in order to make a determination whether the City may be
exposed to litigation In certain instances. The meeting reconvened at 9:30 p.m. with all
Council members present.
ADJOURNMENT: Mayor Partin immediately adjourned the meeting at 9:30 p.m. to
ThurSday, February 24, 1994, at 6:00 p.m. in the Administrative Conference Room.
~~.P~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
411~{'~?
CITY LER~ OF H ITY F CYPRESS
11