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Minutes 96-07-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 22, 1996 The Regular Meeting of the Cypress City Council was called to order at 4:31 p.m., Monday, July 22, 1996, in the Administrative Conference Room, 5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding. PRESENT: ABSENT: Councilmembers Age, Carroll and Bowman Councilmembers Jones and Kerry AlSo present were City Manager Mark Ochenduszko, Finance Director Richard Storey, Community Development Director Chris Kelly, Redevelopment Consultant Jennifer Thornbury and Community Development staff members Alice Angus and Jim DellaLonga. WORKSHOP SESSION: Housing Set-Aside FUndS. COUNCILMEMBER KERRY ARRIVED AT 4:32 P.M. Community Development Director explained and discussed with the Council the housing set aside fund and the regulations necessary to implement these housing assistance programs. There were three areas that applied specifically to Cypress: replacement housing, housing production and excess surplus regulation. COUNCILMEMBER JONES ARRIVED AT 4:45 P.M. After discussion, Mayor Bowman reported that it appeared the consensus of the Council would be to have a first-time buyer program, program for single families, long term Lincoln Avenue development, with staff returning to Council with some actual development options. The City Manager advised that staff would return to Council with a proposed plan for the Redevelopment Agency's consideration on the programs for housing set aside; how the money can be allocated and operation of the program, along with the Lincoln Avenue development. The Council asked staff for an update on the Swain property and Krikorian Theater group interest in the Nissan property. RECESS: Mayor Bowman recessed the meeting at 5:15 p.m. to allow the Council to reconvene in the Council Chamber. The meeting reconvened at 5:30 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and Administrative Services Director. CLOSED SESSION: Mayor Bowman immediately recessed the meeting to enable the Council to participate in Closed Session. The Administrative Services Manager noted that Workers' Compensation Claim No. 92-0311-0005 of Linda Kobus will be removed from the Closed Session agenda. The agendized items were Conference with Legal Counsel - Existing Litigation (Government Code 54956.9(a), Orange County Superior Court Case No. 751159, Jon E. Hockey and three Liability Claims (Government Code Section 54956.95) Ralph Davis & Rechelle Louis, Peter de BeSt and Audrey Johnson vs. City of Cypress. The meeting reconvened at 7:00 p.m. with all Councilmembers present. AlSo present were staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Carroll. PRESENTATION: Mayor Bowman presented a Mayor's Proclamation to Jason R. KOvach for his participation as an escort for five Olympic relay torch bearers along the three mile Olympic route from Manhattan Beach to Hermosa Beach. The City Manager reviewed discussions with Council held during the Workshop Session on housing set aside funds. This will be a future agenda item to recommend alternative programs for those funds. CITY COUNCIL MINUTES JUly 22, 1996 He then requested the City Council remove Item NO. 21, Consideration of Final Approval of Lease Agreement with Cox California PCS, Inc., for the Placement of a PCS Antenna in the City Yard, from the Agenda to be continued to a future meeting. The City Attorney reviewed discussions held during Closed Session advising that a judgment was entered against Jon E. Hockey in favor of the City of Cypress. The Workers' Compensation Claim of Linda Kobus was removed from the Agenda. The tort liability claims filed by various individuals will proceed through the administrative process. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. Ms. FIo Mead, JM Consulting Group, representing Cox California PCS, Inc., volunteered to answer any questions from Council and asked that the item remain on the agenda. Mayor Bowman advised that the City Attorney would be contacting her tomorrow in reference to the proposed contract. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR POLICE DEPARTMENT INTERNAL AFFAIRS INVESTIGATIONS: The Police Chief summarized the staff report dated July 2, 1996, which advised that the Police Department conducted inquiries of its operations and personnel through Internal Affairs Investigations. These investigations are routinely conducted by Police Department management and supervisors and can be time-consuming and burdensome to existing Police Department staff. It is important that these inquiries be conducted in confidence and in fairness to personnel and the department. In an effort to provide professional and experienced internal affairs inquiries and investigations that meet all criteria of fairness and equity, and to relieve existing staff from the often time- consuming burden of such investigations, the Police Department awarded a contract for internal affairs investigations to Dan Tregarthen of I.A. Connections on June 1, 1995. Mr. Tregarthen has agreed to a reduction in his hourly rate of $75.00 to $65.00 per hour to accommodate an increase in the number of work hours and to provide for more service. It was moved by Councilmember Carroll and seconded by Councilmember Age to approve an award of contract to Mr. Dan Tregarthen, I.A. Connections, P.O. Box 6748, San Pedro, California 90734, at the contract cost of $65.00 per hour, not to exceed 500 hours, for services rendered by I.A. Connections. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 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 Carroll asked that Item No. 13, Monthly Investment Program for June 1996, be removed. It was moved by Councilmember Kerry and seconded by Councilmember Jones to approve the Consent Calendar Items No. 2 through 14, with the exception of Item NO. 13. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 2: Motion to Approve City Council Minutes of July 8, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of July 8, 1996, as submitted. Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. CITY COUNCIL MINUTES JUly 22, 1996 Item No. 4: Consideration of Claim Filed by Mitzie Tanizawa. Recommendation: Receive and file. Item No. 5: Consideration of Resolution Commending Eagle Scout William Joseph Fowler. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending BOy SCOut William Joseph Fowler on attaining the rank of Eagle Scout. RESOLUTION NO. 4668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT WILLIAM JOSEPH FOWLER ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 6: Consideration of Proclaiming September 23 - 27, 1996, as "Lawsuit Abuse Awareness Week." Recommendation: That the Mayor and City Council officially proclaim September 23 - 27, 1996, as "Lawsuit Abuse Awareness Week" in the City of Cypress. Item No. 7: Consideration of Authorization for the City Manager to Attend the International City Management Association's 82nd Annual Conference. Recommendation: That the City Council authorize the attendance of the City Manager to the International City Management Association's 82nd Annual Conference, scheduled for October 6 - 9, 1996, in Washington D.C., and be reimbursed for all actual and necessary expenses incurred. Item No. 8: Consideration of Design Review Committee's Approval of DRC #96-20. Recommendation: That the City Council adopt the Resolution approving Design Review Committee No. 96-20 - with conditions. RESOLUTION NO. 4669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-20 - WITH CONDITIONS. Item NO. 9: Consideration of Resolution Commending the California Conservation Corps on its 20th Anniversary. RESOLUTION NO. 4670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING THE CALIFORNIA CONSERVATION CORPS ON ITS 20TH ANNIVERSARY. Item No. 10: Consideration of Renewal of Agreement With the San Gabriel Valley Boys and Girls Club to Provide Graffiti Removal Services. Recommendation: That the City Council renew the existing Graffiti Removal Services Agreement with the BOys and Girls Club of San Gabriel Valley, 2740 Mountain View Road, El Monte, CA 91734, for year three, beginning August 1, 1996, and terminating July 31, 1997. Item No. 11- Consideration of a Request From the Church of Jesus Christ of Latter-Day Saints to Waive Permit Fees for the Church's Sesquicentennial Celebration Outdoor ACtivities. Recommendation: Staff recommends that the City Council grant the request to waive the Temporary Use Permit fee of $50.00 for The Church of Jesus Christ of Latter-Day Saints outdoor celebration, to be held on Saturday, July 20, 1996. Item No. 12: Consideration of Appropriation of $3,500 From the Unreserved Fund Balance of the General Fund for the Replacement of Broken Glass in the Civic Center Council Chamber. CITY COUNCIL MINUTES July 22, 1996 Recommendation: That the City Council appropriate and authorize the transfer of $3,500 from the unreserved fund balance of the General Fund to ACCOUnt NO. 4187-76- 624-08 for the emergency replacement of a glass window in the Council Chamber. Item NO 14: Consideration of Employment Lists for the Positions of Custodian and Police Officer - Academy Trained. Recommendation: Receive and file. Regarding Item NO. 13, Consideration of Monthly Investment Program for the Month of June 1996, Councilmember Carroll had a question on the accumulation of funds in the trust accounts. The Finance Director explained that it was the replacement fund for capital outlay items. Councilmember Carroll suggested that the penny reporting be eliminated and the Finance Director concurred. It was moved by Councilmember Carroll and seconded by Councilmember Age tO receive and file. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None END OF CONSENT CALENDAR ORDINANCES (Second Reading): It was moved by Councilmember Kerry and seconded by Councilmember Carroll to order the following Ordinance read by title only, title as follows and to adopt the Ordinance Amending Section 13.1.C of Appendix I, Zoning of the City Code. ORDINANCE NO. 955 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 13.1.C OF APPENDIX I, ZONING, OF THE CODE OF THE CITY OF CYPRESS, REMOVING FIREWORK STANDS FROM THE LIST OF TEMPORARY USES AND ADDING VEHICLE SALES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None At 7:15 p.m., Mayor Bowman recognized Mrs. Joan Edwards, 4224 Via Notre, Cypress, Director of Public Affairs for Cypress Stake of the Church of Jesus Christ of Latter-Day Saints, who thanked the City and the City Council for their support of the Church's Sesquicentennial Celebration. It was moved by Councilmember Carroll and seconded by Councilmember Jones to move Item No. 18, Lincoln Avenue Specific Plan Advisory Committee Final Report forward. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF LINCOLN AVENUE SPECIFIC PLAN ADVISORY COMMITTEE FINAL REPORT: The City Manager asked the Community Development Director to present the staff report dated July 9, 1996, which included eight issues that had been addressed by the Committee at the request of the City Council. The Committee collectively decided to divide into four subcommittees based on the issues identified by the City Council. Those subcommittees were: existing single-family structures in commercial zones, small lots and new development; implementation of the specific plan; hotels/motels in the specific plan; and streetscape: landscape and lighting, landscape and parking districts and special corner treatments at certain intersections. The Committee returned to Council in April 1996 with a status report on each subcommittee's scope of work for City Council approval. The Community Development Director thanked the members of the committee for all their dedicated work and called upon Linda Sunley to make the CITY COUNCIL MINUTES JUly 22, 1996 presentation for existing single-familv structures in commercial zones, small lots and new development subcommittee. Ms. Sunley made her presentation and provided the Council with a written summary of recommendations. She referred to and explained Table 2.1, a Permitted Land Use matrix. The subcommittee would like to see a downtown area with a theme-accessible place where people could walk from area to another. They wanted to make Lincoln Avenue a beautiful downtown area that encourages business development; a theme area with theaters and entertainment. The Community Development Director introduced Ed ottavian of the Hotel/Motel Subcommittee, who advised that the hotels/motels do not add to Lincoln Avenue and they recommended short and long range solutions to the problem. The subcommittee believed that, in their present state, the hotels and motels along Lincoln Avenue are a serious impediment to the redevelopment of the corridor. They recommended the City support any future legislation similar to Senate Bill 2133. Ms. Liza Thompson was introduced by Community Development Director Kelly and represented the subcommittee on streetscape. Their overall Lincoln Avenue theme was modern, 21st century, with a focus, making it exciting and inviting. She mentioned that the prohibition of illegal signage should be enforced. Mr. Leon Hyter showed the Council plant material that would be colorful and inexpensive to use in the medians, which would help to establish a nice feeling when entering Cypress. Ms. Frann Shermet reported on the implementation of the views and goals of the various subcommittees. A long range development effort was needed to enhance both Lincoln Avenue business activity and the City of Cypress community appeal. It was felt that a permanent Lincoln Avenue Development Commission be appointed by the City Council for the ongoing and long range development of Lincoln Avenue. Commission membership may include land and business owners along the corridor, CvPress College staff, community representatives and other interested parties. The Community Development Director advised that the recommendations overall are consistent with the draft Specific Plan; however, there are minor changes and the subcommittees, in some areas, expanded on the scopes of work which were presented to the City Council in April. Councilmember Jones felt that a permanent Commission was an opportunity to invite the public to participate and she hoped that a group could be formed. Councilmember Carroll saluted the Committee members for their fine work on the report. He also concurred with the idea of a permanent implementation committee. He would like to see a committee developed and designed so that the business and land owners could participate. Councilmember Age commented that the development of Lincoln Avenue will be accomplished over a long period of time. She asked that the new committee be furnished with all the reports from previous endeavors. Mayor Bowman remarked that the people with the most interest would be the property owners so they have to be included. He suggested that the implementation committee be in charge. The Community Development Director stated that if Council concurs, staff could begin the changes on the specific plan, begin the meetings with the implementation group and return to Council with both items. Councilmember Carroll opted for a permanent committee to continue with Lincoln Avenue. Councilmember Kerry said that the implementation committee is important but staff has indicated that there are some elements thev can work on immediately. She also said that she felt the sign program could be worked on for the Lincoln Avenue development. The Lincoln Avenue redevelopment has been going on for a long time and there is a need to start moving soon. It was moved by Councilmember Jones and seconded by Councilmember Kerry to: CITY COUNCIL MINUTES JUly 22, 1996 1. Receive and file the Lincoln Avenue Specific Advisory Committee Final Report. 2. Direct staff to analyze the Committee's streetscape suggestions for the draft Specific Plan using appropriate City staff. Direct staff to return to the Implementation Subcommittee to further discuss mechanisms for the formation of a business association and additionally, direct staff to work with the subcommittee on the inclusion of other interested groups such as the Cypress Chamber of Commerce. Direct staff to work with the City Attorney to identify potential conflicts when the land use decision-making process involves a commission comprised of landowners and business owners in the subject area. o Direct staff to start work on the minor changes to the Specific Plan. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None The Community Development Director expressed thanks to Cypress College and Dr. Christine Johnson for hosting the committee meetings. PUBLIC HEARINGS: CONSIDERATION OF PUBLIC HEARING TO CONSIDER THE EXTENSION OF LIVE ENTERTAINMENT PERMIT FOR VIA MARIA RESTAURANT, 9969 WALKER STREET, CYPRESS: Mayor Bowman opened the public hearing. The City Manager summarized the staff reports dated JulV 2 and 15, 1996, which asked for consideration to extend the Live Entertainment Permit for the Via Maria Restaurant, 9969 Walker Street, Cypress. At the June 13, 1995 meeting, the Council approved this Live Entertainment Permit for a one year period only. The permit allowed for a variety of entertainment on a daily basis from 8:00 p.m. to 1:30 a.m. The conditions of the permit included requiring an employee parking only area on the West Side of the parking lot and locked trash containers. The City Council had the option of modifying the conditions of the permit, extending it for a limited or unspecified period, or not granting the request for an extension which would allow the current permit to lapse. The Affidavits of Posting, Publication and Mailing of the Public Hearing NOtices on this matter are on file in the Office of the City Clerk and, of this date, one written communication from Clyde Timmerman dated July 15, 1996 in opposition and none in support of this matter have been received. It was noted that 87 calls for service were received within the one year period of time, compared to 36 for the previous 12 months. Via Maria has employed security staff which supervises the premises during periods of live entertainment and the parking lot when the entertainment ends and patrons leave the site. It is important to note that regardless of the permit term, the City Manager or Chief of Police may suspend the permit on an urgency basis in case of an event or series of events which would demonstrate an urgent need to take such action to protect the health, safety or welfare of the community. The City Council can also revoke the permit at any time following a public hearing. The City Manager advised, for the record, that another written communication, dated July 19, 1996, had been received from David and Sally Steenbergen in opposition to the permit. Responding to Councilmember Jones' inquiry, the Police Chief reiterated the statistics and types of crime in connection with the Via Maria operation. Mr. Garv Rogers, Acting General Manager for Via Maria, 9969 Walker Street, Cypress, stated thev have been at the location for six years and applied for the live entertainment permit last year. He reported that they have had no infractions with the Alcoholic Beverage Control. They have complied with all of the conditions imposed when they first applied for the live entertainment permit and have instituted valet parking this year to help bring down the noise level. At Councilmember Kerry's request, the applicant responded to some of the statements made in the resolution. 6 CITY COUNCIL MINUTES JUly 22, 1996 Mr. Rogers explained the security precautions implemented at the establishment in response to Councilmember Age's inquiry. After additional questions and answers of Mr. Rogers and the Police Chief, Councilmember Kerry asked if Via Maria would be willing to pay the City for the additional police presence as needed. Councilmember Age expressed her disagreement with that suggestion. The City Attorney advised that a condition could be imposed, if the Council so chooses, to subject Via Maria to pay for the costs of the City's service calls, which are a direct result of the operation of the business. This practice could be applied to any establishment. Mayor Bowman asked if anyone wished to speak in favor of the application for live entertainment permit. Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, advised that he has eaten in the restaurant and he didn't notice anything detrimental. He believed all citizens should have police protection. Mr. Nick Eighmy, 9632 Glenbrook Avenue, Cypress, said that he patronized Via Maria quite often and he has never felt unsafe. Via Maria donates thousands of dollars to the City. He didn't believe that Via Maria should be charged for police presence. Mayor Bowman asked if anyone wished to speak in opposition to the application. Ms. Deborah Strom, 10011 St. Angus Circle, Cypress, complained that every Friday and Saturday night for the past year they have been awakened at 1:45 a.m. It is always at 1:45 a.m. and always lasts for 15 minutes. She didn't call the Police last year, but she will this year. Mr. Steve Craig, 9985 Barcelona Lane, Cypress, reported that the noise continues to be loud on the weekends. The security appeared to be focused at the front of the parking lot, not the back. The parking has become better, but on crowded nights they still allow parking down the alley. He suggested some security in that area. Responding to Councilmember Carroll, Mr. Craig mentioned sometimes the back door to the kitchen is left open but generally the problem is the parking in the alley-way. Mr. Rogers said that parking slots on the northwest side have all been designated employee and valet parking. He said the back door is not open past 10:30 p.m. and it is posted inside the building. He invited the neighbors to call him and talk to him about their concerns. Mayor Bowman advised that the City does require security guards at all events at the Community and Senior Centers. There are people in the community interested in this type of entertainment and all the options should be considered. It was moved by Councilmember Carroll and seconded by Councilmember Age to: 1. Close the public hearing; o AdOpt the Resolution by title only, title as follows, granting the extension of Live Entertainment Permit for Via Maria Restaurant subject to conditions of approval; Extend the term of the Live Entertainment Permit for one year, but direct staff to report back to the City Council at six months for further review; o Based on the adopted findings, modify the Live Entertainment Permit to require: sufficient on-site trained security personnel during all periods when live entertainment is offered, and upon close, until all vehicles have exited the parking lot. Such security personnel shall be employed at the expense of Via Maria, and will be responsible for maintaining the health and welfare of patrons and the peace and security of the public surrounding the premises. Responding to Councilmember Jones' inquiry, the City Attorney replied that, under the Code, the Council has the authority to revoke a live entertainment permit in the event there is more than one service call in a year. Councilmember Jones said she went into the neighborhood, asked the residents who said they had noticed the increased police activity but were unaware of the reason for the calls for service. When she has a report 7 CITY COUNCIL MINUTES JUly 22, 1996 that gives the type of criminal activity, she does feel it is unusual to have to live in a neighborhood where someone is being arrested for assault with a deadly weapon. When two people have been arrested for brandishing a loaded firearm in public, the neighbors have something to be very concerned about and the Council should be listening to what the citizens are saying. Councilmember Kerry commented that this establishment is allowed to stay open every night of the week until 1:30 a.m. Via Maria has been a problem for more than a year and if there were 87 complaints from any other area of the community, they would not be open until 1:30 a.m. It sounds like if they donate enough to the community, they can stay open and the neighbors have to put up with it. She did not agree with that and she felt it had a detrimental affect on the neighborhood. She expressed the opinion that the cost of the service calls should be included in the motion, she encouraged people to contact the ABC and she will be voting no on this item. RESOLUTION NO. 4971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, GRANTING THE EXTENSION OF LIVE ENTERTAINMENT PERMIT FOR VIA MARIA RESTAURANT SUBJECT TO CONDITIONS OF APPROVAL. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Carroll and Bowman 2 COUNCILMEMBERS: Jones and Kerry 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: DESIGN REVIEW COMMITTEE NO. 96-16 AND VARIANCE NO. 96-7 FOR THE CONSTRUCTION OF A SECOND STORY ADDITION WITH A REDUCED SIDE YARD SETBACK - 5835 STRATMORE AVENUE, CYPRESS: The public hearing was opened by Mayor Bowman. The City Manager asked the Community Development Director to summarize the staff report dated July 15, 1996, which represented a request to construct a 523 square foot second story addition to an existing two story home located at 5835 Stratmore Avenue. The proposed addition required the processing of a variance for a reduced side yard setback from the required ten feet to six feet, six inches. Research revealed that there are several homes located on Stratmore Avenue that were approved for construction with reduced setbacks without variances being required. These approvals were based on zoning code provisions of the early 1980's which allowed additions with reduced setbacks if any portion of the existing development had been constructed at a reduced setback previously. The zoning code has since been amended to now exclude non-habitable structures from justification for reduced setbacks. In accordance with the California Environmental Quality Act, a Categorical Exemption will be filed for this project. Staff feels that the required findings can be made since the lot is a substandard size, the addition would not be detrimental to the public health, safety or welfare and approval would not constitute the granting of a special privilege. A phone call was received from the property owner directly behind the subject property and her inquiry was regarding the purpose and intent of the public hearing notice. NOtices Of the public hearing were mailed to all property owners within a 300 foot radius and, to date, staff has not received written or oral comment. Mr. Bruce Spielbuehler, architect on the project, said the project was designed so it would be cost-effective and the adjacent neighbors were considered from the standpoint of privacy and view. NO one wished to speak in support of or in opposition to the application. It was moved by Councilmember Age and seconded by Councilmember Jones to close the public hearing, direct staff to file a Categorical Exemption and adopt the Resolutions by title only, title as follows, approving Design Review Committee No. 96-16, with conditions and Variance No. 96-7. RESOLUTION NO. 4972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-16 - WITH CONDITIONS. CITY COUNCIL MINUTES JUly 22, 1996 RESOLUTION NO. 4973 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 REDUCTION OF THE SIDE YARD SETBACK - VARIANCE NO. 96-7. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 96-19/SIDE YARD SETBACK DETERMINATION - CYPRESS SENIOR CENTER STORAGE ROOM/TRASH ENCLOSURE, 9031 GRINDLAY STREET, CYPRESS: The City Manager requested the Community Development Director to summarize the staff report dated July 11, 1996, which represented a request to construct a 320 square foot storage room and 200 square foot trash enclosure for the Cypress Senior Citizens Center located at 9031 Grindlay Street. As part of this application, staff is requesting from Council a clarification of ambiguity as to whether the 25 side yard setback required by the PS Public and Semi-public Zone would apply to the subject accessory structures. In accordance with the requirements of the California Environmental Quality Act, the project is Categorically Exempt, Class 3. It was moved by Councilmember Age and seconded by Councilmember Carroll to adopt the Resolutions by titles only, titles as follow, finding that the side yard setback requirements of the PS Zone do not apply to the proposed structures and approving Design Review Committee No. 96-19, subject to conditions. RESOLUTION NO. 4974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, FINDING THAT ACCESSORY STRUCTURES IN THE PUBLIC AND SEMI-PUBLIC ZONE ARE EXEIVIPT FROM SIDE YARD SETBACK REQUIREMENTS SIMILAR TO ACCESSORY STRUCTURES IN OTHER ZONES. RESOLUTION NO. 4975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-19 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR CITY COUNCIL DIRECTION REGARDING ISSUES RELATED TC~ WIRELESS COMMUNICATION FACILITIES (ANTENNAS): The Community Development Director reviewed the staff report dated July 15, 1996, which identified three items relating to wireless communication facilities: 1. Update the City Council on changes in the wireless communication field; o Review the current aesthetic, site location and development standards applicable to wireless communication facilities (antennas), and discuss issues related to the new wireless communication facilities, and Get direction on future changes to current standards to address the issues identified. The City's current antenna standards do not anticipate the proliferation of such antennas and it may be appropriate to revise those standards to address additional concerns posed by the new breed of antennas. Among the issues staff has identified are: appropriate zone and location for wireless communication facilities, process, development standards, proliferation/co-location, changing technology and removal. Councilmember Carroll said that staff keeps asking Council for direction and he would like to see a calendar of when these issues would be brought back to Council in a timely CITY COUNCIL MINUTES July 22, 1996 fashion. He wanted assurance that the department is not being overloaded. The Community Development Director advised that this issue would be brought back immediately because requests are coming through. Councilmember Carroll suggested that perhaps some lists be provided so the Council can prioritize the order they wish to consider the issues. He would like to know when the response is forthcoming. Councilmember Kerry commented that she felt that telecommunications was a very important issue. It is critical that this issue be addressed as soon as possible and attempt to be as proactive as they can. There are ways to encourage the companies to place these antenna in a manner less visible to the public and make that process easier. She suggested that the CATV Commission be renamed "Cable and Technology Commission." It was moved by Councilmember Kerry and seconded by Councilmember Jones to: Direct Staff to proceed with the processing of wireless communication facility requests based on comments received on this issue paper. Direct Staff to initiate a zoning code amendment to codify additional standards to respond to the changing wireless communications industry as recommended in this staff report and summarized below: a. Limit the allowable zones for wireless PCS and cellular antennas to not include residential zones and also require a 300 foot setback from any wireless antenna to any residential zone. b. Continue to require a CUP for all new wireless antenna proposals and require a CUP amendment for all modification requests. c. Add both general criteria and specific standards that will require wireless antenna facilities to blend with and enhance the surrounding physical environment or to be of an unobtrusive "stealth" design. d. Prohibit exclusive rights agreements and encourage co-location of wireless antenna facilities. e. Re-evaluate wireless antenna facilities on a five year revolving basis to ascertain whether new technology has rendered them obsolete and require faithful performance bonds to ensure the removal of abandoned facilities. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Regarding CONSIDERATION OF FINAL APPROVAL OF LEASE AGREEMENT WITH COX CALIFORNIA PCS, INC. FOR THE PLACEMENT OF A PCS ANTENNA IN THE CITY YARD, Mayor Bowman advised that this item had been removed from the Agenda. Upon Councilmember Carroll's inquiry, the City Attorney advised that the Council could provide him with comments to consider for his conversation with Cox California. Councilmember Carroll referred to page 2, Item 4, and said that the antenna should be restricted to the use for which it was intended rather than "any lawful purpose." On page I of the attachments, Interference with Communications, Councilmember Carroll would like any existing condition be exempt from the interference problems. Also the terms of the lease were to be five years with options taken by mutual agreement, not unilaterally. The City Attorney advised that the options had been amended. Councilmember Kerry expressed concern about the five year option and how the increases were to be determined, i.e., if the rate would be reevaluated. Councilmember Carroll mentioned that if the applicant's traffic interferes with the present antenna, it should be covered. Mayor Bowman referred to the five year terms and he thought that had been tightened up. Also, he believed that Council had discussed the language that would give the lessee the option to renew but didn't give the lessor any option not to renew. The City 10 CITY COUNCIL MINUTES July 22, 1996 Attorney advised that language also had been changed. Mayor Bowman referred to Item C language and the lessee reserving the right to decline any further antennas on the lessor's property, could be interpreted to mean any of the lessor's property and it should be limited to the subject property. The City Attorney said there was another item that the Council had directed be changed which was in an amendment that Council should have received regarding the video transmission. CONSIDERATION OF APPOINTMENT TO THE CYPRESS CABLE TELEVISION COMMISSION: The staff report dated July 17, 1996 stated that the City Council conducted oral interviews of three applicants for appointment to the current vacancy on the CATV Commission. Councilmember Jones nominated Karen Baker for the single vacancy on the CATV Commission and Councilmember Kerry seconded the nomination. The nomination of Karen Baker as the new CATV Commissioner for a four-year term, was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF UPCOMING VACANCY ON THE CYPRESS TRAFFIC COMMISSIO~h The staff report dated July 17, 1996 stated that Council had established a policy whereby any Commission member whose term expired and who is eligible for reappointment would be contacted to determine their interest in serving another term of office. The only Commission vacancy occurring during the second half of the year is that of Traffic Commissioner Robert H. Hawkins who will be completing his first term of office on August 24, 1996. Commissioner Hawkins has asked that he be considered for reappointment. It was moved by Councilmember Age and seconded by Councilmember Carroll to reappoint Robert H. Hawkins for another four-year term of office on the Traffic Commission. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21751 - 21951. It was moved by Councilmember Carroll and seconded by Councilmember Age tO approve the Warrant List for Warrants No. 21751 through 21951 in the amount of $1,015,880.62. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 9:20 to enable the City Council to act as the Cypress Redevelopment Agency. The Council meeting reconvened at 9:25 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. Mrs. Therese McCormack, 9130 Esther Street, Cypress, referred to the problem with Cypress Auto Parts, which was brought on by County, then the City when the property was annexed. The City needs to act and approximately 40 taxpayers have signed a petition. She suggested that the City help these people to relocate and asked the Council to do something about Cypress Auto Parts. Mayor Bowman asked if there has been any further inspections as to conformance. The Community Development Director reported that there have been further meetings between Code Enforcement, the land owner and the business owner and it appears that the site is being improved. Councilmember Kerry advised that this property was developed by the County and the City did not have the power to change those uses when the area was annexed. The 11 CITY COUNCIL MINUTES July 22, 1996 Community Development Director remarked that if= Council would provide any questions, staff would return with any options the City has for this property. Mrs. McCormack said that she wondered if something could be done on the basis that the operation was a nuisance. The City Manager advised that staff could look at the code enforcement issues associated with the property, along with the health issues and explore the legal condition of the zoning arid land use. Staff can report back to the Council about the status of the property, the use, along with staff's action to date, and a plan of action for addressing the problems. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. Mayor Bowman announced that the Chamber of Commerce Mixer will be held Thursday evening at the Community Center. On Saturday, July 27, 1996, the Cypress Community Festival will be held, starting with the 5K and 10K run with events occurring throughout the day. Councilmember Kerry asked that the item of changing the name of the CATV Commission be placed on the next agenda. ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:40 p.m. to 4:30 p.m., Tuesday, July 23, 1996 in the Administrative Conference Room. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 12