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Agenda 91-1-28 CITY OF CYPRESS CITY COUNCIL AGENDA January 28, 1991 CALL TO ORDER: 4:00 P.M., 5275 Orange Avenue, Cypress ROLL CALL: Council Members Age, Kerry, Nicholson, Partin and Bowman WORKSHOP SESSION: Study Session With Supervisor Harriett Wieder ORAL COMMUNICATIONS: For Matters on the 5:30 P.IVL Agenda CLOSED SESSION: For Matters of Personnel and/or Litigation AWARD OF CONTRACT: 1. Consideration of Renewal of Contract for Car Wash Services. 2. Consideration of Award of Contract for Materials Testing and Inspection for the Rehabilitation and Resurfacing of Various Streets, Public Works Project No. 8947. 3. Consideration of Award of Contract for the Rehabilitation and Resurfacing of Various Streets, Public Works Project No. 8947. 4. Consideration of Retention of Professional Services for Updating the City's Pavement Management System, Public Works Project No. 9037. 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. 5. Consideration of Approval of City Council Minutes of January 11, 1991 and January 14, 1991. Recommendation: That the City Council approve the Minutes of January 11, 1991 and January 14, 1991, as submitted. 6. Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. 7. Consideration of an Application for an Original Alcoholic Beverage License Filed by Robert Joseph Massey, Jr. and Susan Frances Massey, D.B.A. Prime Time Pizza, 6189-6195 Ball Road, Cypress. Recommendation: Receive and file. 8. Consideration of Proclaiming April 23, 1991, as "Youth Service Day". Recommendation: That the Mayor and City Council officially proclaim April 23, 1991, as "Youth Service Day" in the City of Cypress and refer the communication from the Jefferson Awards to the Cypress Youth Commission for possible participation. 9. Consideration of an Application for an Original Alcoholic Beverage License Filed by Hariprased I. & Sarla H. Patel, D.B.A.H.Y. Liquor, 4502 Lincoln Avenue, Cypress. Recommendation: That the City Council receive and file this application contingent upon the approval/disapproval of the Amendment to Conditional Use Permit No. 81-12 which will be scheduled for a Public Hearing at a future Council meeting. 10. Consideration of Claim Filed by Carl A. McMahan, Attorney-at-Law, On Behalf of the Heirs of Tommy De La Rosa. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. 11. Consideration of an Application for an Original Alcoholic Beverage License Filed by Joseph & Gina Ling, D.B.A. China Palms Chinese Restaurant, 10205 Valley View Street, Cypress. CITY COUNCIL AGENDA January 28, 1991 12. 13. 14. 15. 16. 17. 18. 19. Recommendation: Receive and file. Consideration Monthly Investment Program for the Month of December 1990. Recommendation: Receive and file. Consideration of Claim Filed by Kent F. Tibbitts, Attorney, On Behalf of Jean & Robert Dixson. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Consideration of Employment Lists - Code Enforcement Officer and Recreation Coordinator-Program Promotions. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, certify the Employment Lists for the positions of Code Enforcement Officer and Recreation Coordinator-Program Promotions as submitted. Consideration of Authorization for the Finance Director to Attend the 31st Annual Conference of the California Society of Municipal Finance Officers (CSMFO). Recommendation: That the City Council authorize the attendance of Richard Storey, Finance Director, to the 31st Annual Conference of the CSMFO, to be held on February 20-22, 1991, in Millbrae, CA, and be reimbursed for all actual and necessary expenses incurred. Consideration of Acceptance of Contract for Pavement Rehabilitation on Lincoln Avenue, Between Moody Street and Watson Street, Public Works Project No. 8859, AHFP No. 1263. Recommendation: That the City Council: 1) Accept the Pavement Rehabilitation on Lincoln Avenue from Moody Street to Watson Street Contract, Public Works Project No. 8859, as being satisfactorily completed in accordance with the Plans and Specifications; 2) Approve payment to Silvia Construction, Inc., 750 N. Mountain Avenue, Suite C, Upland, CA 91786, of the contract price of $70,973.16; and 3) Authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in workmanship become evident. Consideration of Acceptance of Contract for Moody Street Reconstruction from Lincoln Avenue to Southern Pacific Railroad, Public Works Project No. 8922, AHFP No. 1266. Recommendation: That the City Council: 1) Accept the Moody Street Reconstruction from Lincoln Avenue to Southern Pacific Railroad Contract, Public Works Project No. 8922, as being satisfactorily completed in accordance with the Plans and Specifications; 2) Authorize the appropriation of $106,000.00 from the Gas Tax Fund into Account No. 4186-22-405-21; 3) Approve payment to Silvia Construction, Inc., 750 N. Mountain Avenue, Suite C, Upland, CA 91786, of the contract price of $232,323.97; and 4) Authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in workmanship become evident. Consideration of Acceptance of Final Tract Map No. 14404 (9562 Walker Street). Recommendation: That the City Council approve Final Tract Map No. 14404 and accept the bond for public improvements in the amount of $1,325.00, which is not less than 50% nor more than 100% of the total improvements, and authorize the City Clerk to sign the Record Map. Consideration of Confirming the Appointment of Penelope Brown to the Cypress Cultural Arts Commission. CITY COUNCIL AGENDA January 28, 1991 Recommendation: That the City Council confirm the appointment of Mrs. Penelope Brown to the Cypress Cultural Arts Commission to fill the vacancy created by the resignation of Commissioner Susan Marx. 20. Consideration of Adoption of a Resolution of Support for President Bush and Members of the Armed Forces Involved in the Persian Gulf War. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and transmit the same to President Bush. A Resolution of the City Council of the City of Cypress, California, Expressing Strong Support to President Bush and to Members of the Armed Forces Involved in the Persian Gulf War. 21. Consideration of Auditor's Management Letter. Recommendation: Receive and file. 22. Consideration of Approval Process for Siting Certain Types of Solid Waste Facilities. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, specifying the process for approving and siting solid waste facilities in Orange County that reuse or recycle less than 15% of material received, serving either one jurisdiction and more than one jurisdiction. no A Resolution of the City Council of the City of Cypress Specifying the Process for Approving and Siting in Orange County Solid Waste Facilities Reusing or Recycling Less Than 15% of Material Received and Serving Only One jurisdiction. A Resolution of the City Council of the City of Cypress Specifying the Process for Approving and Siting in Orange County Solid Waste Facilities Reusing or Recycling Less Than 15% of Material Received and Serving More than One Jurisdiction. 23. Consideration of Local Brown Act Ordinance. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, adding and amending certain Sections of the City Code relating to open meeting requirements. ao An Ordinance of the City Council of the City of Cypress, California, Adding and Amending Sections 2-2.0, 2-2.1, 2-2.4(b), 2-2.4.1, and 2-2.12 and Establishing Procedures for Compliance With Open Meeting Requirements and Adding Subsections (c) and (d) to Section 2-2.10 Pertaining to Minutes of Board and Commission Proceedings, to the Code of the City of Cypress. Recreation & Park District Matters: 24. Consideration of the Audit Report of the Cypress Recreation and Park District for the Period Ended June 30, 1990. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, receive and file said report. END OF CONSENT CALENDAR ORDINANCES (Second Reading) & RESOLUTIONS: 25. A Resolution of the City Council of the City of Cypress Approving Conditional Use Permit No. 90-31 - With Conditions (Commercial Center, 12 Condominiums and Conversion of 30 Apartments into Condominiums, 6292- 6302 Lincoln Avenue). 26. A Resolution of the City Council of the City of Cypress Approving Tentative Tract Map No. 14445 - With Conditions (Division of Three Parcels into Two Parcels for Separate Commercial and Condominium Uses, 6292-6302 Lincoln Avenue). CITY COUNCIL AGENDA January 28, 1991 27. A Resolution of the City Council of the City of Cypress Approving Amendment to Conditional Use Permit No. 90-23 -With Conditions (Cypress Golf Club Facility and Related Structures, Including Onsite Sale of General Alcohol, Katella Avenue, West of Siboney). 28. 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 Spa Filter and Heater in the Side Yard Area of a Single- Family Home - Variance No. 90-21 (10502 Chestnut Street). 29. 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 a Garage Addition to Encroach Five Feet into the Side Yard Setback - Variance No. 90-22 (5111 Marion Avenue). 30. An Ordinance of the City Council of the City of Cypress Approving Amendment No. I to Development Agreement No. 90-1 Between the City of Cypress and the Cypress Development Partnership. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS: Presentation to the D.A.R.E. Program by Pastor Dale Johnson on Behalf of the Cypress Rotary Club. Presentation of the Pedestrian Safety Citation to the City of Cypress by Pat Guthrie, Assistant Manager of the Los Cerritos District Office, Automobile club of Southern California. Presentation of Resolution of Commendation to Former Council Member John Kanel. Presentation of Resolution of Commendation to Council Member Cecilia L. Age by Mr. John Kanel, Representing Senator Cecil Green. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda (LIMITED TO TWO MINUTES PER SPEAKER) ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. PUBLIC HEARINGS - 7:30 P.M. 31. Continuation of Consideration of Public Hearing Re: Amendment to Residential Density Bonus Policy Section 9.2 of Appendix I, "Zoning" of the Code of the City of Cypress. 32. Continuation of Consideration of Public Hearing Re: Conditional Use Permit No. 90-17 (Gasoline Station, Car Wash, and Mini-Market, with the sale of Off site Beer and Wine, 6000 Cerritos Avenue). 33. Consideration of Public Hearing Re: Amendment to Conditional Use Permit No. 76-11 (Use of Eight Parking Spaces for Recreational Activities at Grace Community Church of Cypress, 4421 Cerritos Avenue). 34. Consideration of Public Hearing Re: Tentative Parcel Map No. 90-400 (Divide One Parcel into Two parcels, Northwest Corner of Douglas Drive and Plaza Drive). 35. Consideration of Public Hearing Re: Appeal of Public Nuisance Abatement - Kipperdale Kennels, 8321 and 8331 Denni Street. 36. Consideration of Public Hearing Re: Reconsideration of Use Permit Certificate No. 3373 and Use Permit Certificate No. 3048 - Kipperdale Kennels, 8321 and 8331 Denni Street. 37. Consideration of Public Hearing Re: Amendment to Zoning Ordinance No. 90-6 (Amending Section 9.3-A, Performance Standards: Residential Zones, Permitting Air-Conditioning Units and Mechanical Equipment in Side Yard Setbacks). CITY COUNCIL AGENDA January 28, 1991 ao An Ordinance of the City Council of the City of Cypress Amending Section 9.3 - A "Performance Standards: Residential Zones" of the Zoning Code of the City of Cypress Relative to Residential Zones and the Placement of Air-Conditioning Units and Mechanical Equipment in the Side Yard Setbacks. NEW BUSINESS: 38. Consideration of Drug Free Zones. A Resolution of the City Council of the City of Cypress Establishing Drug Free Zones and Expressing Its Participation in the War Against Drugs. 39. Consideration of Amendment to the Position Classification Plan for the Classification of Purchasing Officer. 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 No. 3574 by Amending Certain Class Specification to the Position Classification Plan for Employees in the Service of the City of Cypress and Cypress Recreation and Park District. 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, Establishing Salaries for Certain Employees in the Service of the City of Cypress and Cypress Recreation and Park District. 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 No. 970 Pertaining to Relations and Communications Between the City of Cypress and Its Employees. 40. Consideration of Approval of Commercial Warrant List for Warrants No. 43066 - 43295. ORAL COMMUNICATIONS: For Matters Not on the Agenda WRITTEN COMMUNICATIONS: For Matters Not on the Agenda ADJOURNMENT: