Loading...
Minutes 98-04-27CITY COUNCIL MINUTES CITY OF CYPRESS April 27, 1998 Page ARNOLD/CYPRESS PARK--AWard renovation of picnic pavilion facility, PW Proj 9740 ARNOLD/CYPRESS PARK--Award contract for parking lot improvements, PW Proj 9804 BUILDING DEPT--Apprv contract ext. for Acting Bldg Off. & appropriate funds for plan ck svcs CABLE TV--AUth to hire consultants to conduct perf and compliance review CAPITAL IMPROVEMENT PROGRAM--Workshop session and public hearing CAPITAL IMPROVEMENT PROGRAM--Program consistent with the City's General Plan 1993 Update COMMENDATIONS--AdOpt ReSOS commending Eagle Scouts Patrick Fleeman & Nathan Hamill COMMUNITY EMERGENCY RESPONSE TEAMSwDirect staff to move forward to better equip & prepare community for a disaster CUP NO. 97-3--AdOpt ReSo apprv amendment to permit, 9060 Walker EMPLOYMENT LIST--R/F list for Deputy City Clerk FINANCE DEPT., MONTHLY INVESTMENT PROGRAM--R/F program for March 1998 FINANCE DEPT, WARRANT LIST--Apprv Warrants No. 31531 - 31737 HOME LOAN PROGRAM--Workshop session on revised program LEAGUE OF CITIES--Adopt Reso denying policy City's participation in friend of the court briefs LINCOLN AVENUE--Workshop session on signage, street furniture and public improvements LINCOLN AVE BRIDGEwAdOpt Negative Declaration & apprv mitigation monitoring OCTA--AdOpt ReSO requesting funds for Ball Rd and Walker St. improvement projects OCTA--NO one appointed to joint agency group ORAL COMMUNICATIONS--Citizens spoke on Cypress Celebrates the ArtS, tennis courts, volunteers, Planning Commission, MediaOne, park restrooms, emergency products, Cinco de Mayo Cypress HS "Sound of Music" PLANNING COMMISSION--Auth placement of City-initiated ballot measure in November PI~ESENTATIONS--Presented Adopt a Park sign to American Legion Post 295 PRESENTAITONS~Mayor Jones presented proclamation to Cypress POPS PROCLAMATION--Proclaim May 9, 1998 as "Fire Service Recognition Day" PROCLAMATION--R/F Proclamation of May 1998 as "Water Awareness Month" PUBLIC WORKS--Extend current uniform supply and laundry contract REC & PARK DIST--Apprv transfer of funds from ReC. & Parks General Fund for "Paint Cypress" ST MAINTENANCE--Apprv plans & specs & auth bids for 1997-98 St. resurface, PW Proj 9733 3,4 4 3 4 1,7 6 5 12, 13 8,9 6 5 13 1 6 1,6 5,6 5 13 2,3 TENT PARCEL MAP NO. 15659--Adopt Reso apprv map dividing 1 parcel into 2, 6381-6427 Ball Rd 9 VAR NO. 98-2--Adopt Reso denying permanent banner type signage, 9060 Walker 10-12 2 2 5 5 3 13 8,9 ZONING CODE--Apprv Ist reading adopting the Comprehensive Zoning Code 7, 8 ZONING ORDINANCE--AdOpt Ord esta operation standards for vehicle repair & add specific parking requirements 6, 7 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 27, 1998 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, April 27, 1998 in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Pro Tem Tim Keenan presiding. PRESENT: ABSENT: Councilmembers Bowman, Carroll, Keenan and Piercy Mayor Jones Also present were the City Manager, City Attorney and staff members Angus, Christoffels, DeCarlo, Decker, Kelly, Krauss, Mariscal, Storey and Wylie. WORKSHOP SESSION: The Community Development Director introduced the new Building Official, Bob Decker. 1998-2005 Capital Improvement Program The City Council reviewed the proposed 1990-2005 Capital Improvement Program, which amounts to $2.7 million. The seven year capital projects, if approved by Council, would amount to $17 million. Both the dollar figures are distinct from the Lincoln Avenue project, which is $6.5 million. The projects have been recommended to the City Council by priority, those ranking highest have health and safety implications and the priorities were set with CiO/Council guidance. The first caveat from staff is the highest priority be given to Lincoln Avenue and the focus on that area in the coming year. The second caveat is the policy direction from Council to transfer $1.6 million from the General Fund to the Capital Improvement Program for various projects. MAYOR JONES ARRIVED AT 5:50 P.M. Parameters for the Home Enhancement Loan Program The City Council heard a presentation from the Redevelopment/Economic Development Manager who recited the directives from the Agency Board. He advised that the previous set of ten proposed Agency loans have been consolidated to three Agency loans and provided examples of eligible and ineligible Improvements. Staff answered questions from Council. The Community Development Director summarized discussions into first and second priority items and moved the bathroom adding one bath when fewer than two exist. The priority items will be revisited after the first year or sooner. MAYOR JONES LEFT THE MEETING AT 6:30 P.M. AND RETURNED AT 6:42 P.M. Lincoln Avenue Civic Signage, Street Furniture and Public Improvements The Community Development Director introduced Karen Adnoff, Larry Moss & Associates, and together they presented the street furniture items, designs for the street monument signs, a reorganization of the City boundary lines with Buena Park and the pocket park on Sumner Place. RECESS: Mayor Pro Tern Keenan recessed the meeting at 6:43 p.m. The Closed Session item of Conference with Labor Negotiator (Government Code Section 54957.6), Cypress Police Officers' Association was not discussed. The meeting reconvened at 7:05 p.m., with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Christoffels, DeCarlo, Kelly, Krauss, Storey and Wylie. 7:00 P.M. SESSION Mayor Jones announced that former Mayor Donald Hudson passed away last week. He served on the Cypress City Council from March 1976 to April 1980 and as Mayor from April, 1977 to March 1979. Prior to running for City Council he was active on the issues giving the right to vote to the citizens of Cypress on certain general plan amendments and opposed changing industrial land to residential. The Mayor asked that Mr. Hudson be remembered in the Invocation. PLEDGE OF ALLEGIANCE: The Pledge was led by BOy SCOUt Troop NO. 1666. CITY COUNCIL MINUTES April 27, 1998 INVOCATION: The invocation was conducted by Bishop Don Lewis from The Church of Jesus Christ of La~er-Day Saints, 5th Ward. PRESENTATONS: Mayor Jones presented an Adopt-A-Park Plaque to American Legion Post 295 for the adoption of Veterans Park, which was accepted by Mr. Pat Ochoa on the Legion's behalf. John and Marie Hall accepted the Mayor's Proclamation on recognizing the 10TM Anniversary of the Cypress POPS Orchestra presented by Mayor Mary Ann Jones. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager summarized discussions held during the Workshop Session on the 1998- 2005 Capital Improvement Program, Parameters for the Home Enhancement Loan Program and Lincoln Avenue Civic Signage, Street Furniture and Public Improvements. There were no Closed Session items. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR Mrs. Paula English, 5975 Suva Street, Cypress, and member of the Cultural Arts Commission, reported on the events that took place during Arts Delight Day to kick-off Cypress Celebrates the Arts week. She mentioned the events that would be taking place during the week. Mr. Gary Hunt, 5111 Lolina Lane, Cypress, Secretary of the Cypress Tennis Club, said that they have 175 members. He remarked that the Club felt that the expenditure of funds on the Cypress College Tennis Courts renovation would be a top priority. He also recommended a lighting upgrade for the Civic Center Tennis Courts and proposed four tennis courts at Veterans Park. Ms. Jo DUtrO, 10002 St. Stephen Circle, Cypress, commended the volunteers working for the CiW. She said she didn't understand the reluctance of some of the Councilmembers to put the issue of a Planning commission on the ballot. Mr. Wayne Reynolds, Cypress, asked the Council's help in dealing with MediaOne and their poor service. The City Manager said he would meet with the Assistant to the City Manager and they would contact MediaOne. At this time, the City Manager announced that the City's Cable Channel 36 was out of service and a MediaOne engineer was on the way. Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, complained that if one park had a restroom, all the parks should have restrooms; the concrete area on the corner of Reefton and Tahiti should have been fixed long ago, and Police Officers presence in her neighborhood relating to her complaints. The City Manager advised that he would contact Mrs. Crowder and follow-up on those issues. Mayor Jones mentioned that Larwin Park does not have handicapped access and she asked that it be reviewed. Mr. Paul D. Berman, 11349 Orrs Court, Cypress, said he has recently started a company dealing in emergency products available for home, business and school use. He offered the City an opportunity to explore a fund raising program coupling the distribution of these products available to residents in a way that would make some money for the City. The CiW Manager invited Mr. Betman to contact him directly. Mr. LOUie Giampapa, 4921 Marion Avenue, Cypress, invited everyone to a~end the Cinco de Mayo fiesta that will be held on Saturday, May 2, at the Community Center. Councilmember Carroll introduced Battalion Chief Jerry Logan from the Orange County Fire Authority. Councilmember Bowman remarked that Cypress High School is showing the "Sound of Music" and he believed it was the best production he had seen by young artists. He encouraged the audience to a~tend. 2 CITY COUNCIL MINUTES APril 27, 1998 Councilmember Keenan said he also attended and commended the performance. AWARD OF CONTRACTS: APPROVAL OF TWO-YEAR CONTRACT EXTENSION TO THE ClTY'S CURRENT UNIFORM SUPPLY AND LAUNDRY CONTRACT: The City Manager asked the Public Works Director to present the staff report which requested the extension of a two year agreement, renewable annually, with Prudential Overall Supply, to supply and launder Public Works uniforms and supplies. The contractor has submitted a letter offering an additional two years at the original price quoted in 1996. Staff recommended the City accept the contractor's offer and they provided the reasons. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to extend the current uniform supply and laundry contract with Prudential Overall Supply, 951 East Sandhill Avenue, Carson, California 90746, for a two year period beginning May 1, 1998 and terminating April 30, 2000 at an annual amount not to exceed $18,069.48. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None AUTHORIZATION FOR ADDITIONAL BUILDING OFFICIAL SERVICES AND APPROPRIATION OF FUNDS FOR ADDITIONAL PLAN CHECK SERVICES: The Community Development Director reviewed the staff report, which indicated that the Community Development Department had been using a contract BUilding Official to act on an interim basis. Additional time was taken to hire a permanent Building Official beyond that originally assumed. City Council approval is needed for the extension of time on the contract. Also, building plan check activities are beyond what was anticipated at the time of award of contract for Fiscal Year 1997/98; therefore, staff is requesting that the City Council approve additional funds in the amount of $15,000 for Melad and Associates and $30,000 for Willdan. It was moved by Councilmember Piercy and seconded by Councilmember Bowman to: Approve a contract extension with Van Dorpe Chou and Associates, Inc. for Acting Building Official Services through the month of April, for a not to exceed amount of $3,500, based on an hourly rate of $60 per hour; and Approve the appropriation of $45,000 from the unreserved fund balance of the general Funds to account number 4183-11-247-09 to provide for the additional plan check services required for the remainder of FiScal Year 1997-98. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None AWARD OF CONSTRUCTION CONTRACT FOR ARNOLD/CYPRESS PARK PICNIC PAVILION RENOVATION, PUBLIC WORKS PROJECT NO. 9740: At the City Manager's request, the Public Works Director summarized the staff report which indicated that four bids were received for the Arnold/Cypress Park picnic pavilion renovation. The project was included in the 1997-98 budget and included specific Improvements to be made on the 1,200 square foot rental room, covered picnic area seating 200 and a small service kitchen. On April 21, q 998, the Cypress Recreation and Community Services Commission reviewed the bid results and recommended that the City Council award the contract with the two bid alternates for the air conditioning and service sink alternatives for the multi-purpose room. Councilmember Carroll asked that the solvency and liquidity of the bonded contractors be assured. It was moved by Councilmember Keenan and seconded by Councilmember Bowman to award the renovation of the picnic pavilion facility, including Alternates A and B, at Arnold/Cypress Park, Public Works Project No. 9740, to A&G Design & Construction, 409 w. Nobel #A, Santa Ana, California 92707, in the amount of $107,745.00 (award amount of $97,950.00 plus ten percent contingency). The motion unanimously carried by following roll call vote: 3 CITY COUNCIL MINUTES Apri~ 27, 1998 AYES: S COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None AWARD OF CONTRACT FOR PARKING LOT IMPROVEMENTS AT ARNOLD/CYPRESS PARK, PUBLIC WORKS PROJECT NO. 9804: The Public Works Director presented the staff report advising that 14 bids were received for expand the existing parking lot addition and construct a new parking lot at Arnold/Cypress Park. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to award a contract for parking lot construction at Arnold/Cypress Park, Public Works Project No. 9804, to Topline Construction, 9272 Russell Street, La Habra, California 90631, in the amount of $72,249.00 (award amount of $65,681.00 plus ten percent contingency). The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Pierc¥ and Jones None None AUTHORIZATION TO HIRE CONSULTANTS TO CONDUCT A CABLE FRANCHISE PERFORMANCE AND COMPLIANCE REVIEW AND A GROSS REVENUE COMPLIANCE AND FRANCHISE FEE REVIEW OF MEDIAONE. The City Manager requested that the Assistant to the City Manager present the staff report, which indicated that four proposals were received from consulting firms to conduct a comprehensive review of MediaOne's compliance with the customer service requirements of the cable television franchise agreement, the 1984 and 1992 Cable ACtS and the 1996 Telecommunications ACt for each of the cities of Lakewood, La Palma and Cypress. The review will assess the performance of the cable operator based on the provisions of the franchise agreement, Municipal Code and Federal law. Councilmember Carroll asked that the consultants chosen have an understanding of franchise fees. The City Attorney advised that the kinds of studies that staff is recommending will be important to generate the data from which the City can engage in negotiations to renew or otherwise treat the MediaOne franchise. This iS a process that takes a considerable period of time, a detailed data base has to be assembled and this is the first step. It was moved by Councilmember Piercy and seconded by Councilmember Carroll to: select Diehi, Evans & Company, LLP, 18401 Von Karman, Suite 200, Irvine, California, 92612-11542, to conduct a Gross Revenue Compliance and Franchise Fee Review of MediaOne for $t,900; Select Communications Support Group, Inc.,580 Grand Avenue, Oakland, California 94610, to conduct a Customer Service Performance and Compliance Review of MediaOne for $3,500; and 3. Authorize an additional appropriation of $900 from the Unreserved Balance of the General Fund to Account Number 4187-11-119-02 for this purpose. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None 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. 17, Policy Concerning the City's Participation in the Friend of the Court Briefs, be removed. Councilmember Keenan requested Item NO. 16, Lincoln Avenue Signage and Street Furniture, be pulled for reconsideratlon. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to approve the Consent Calendar Items No. 6 through 18, with the exception of Items No. 16 and 17. The motion unanimously carried by the following roll call vote: 4 CITY COUNCIL MINUTES April 27, 1998 AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None Item No. 6: Motion to Approve City Council Minutes of April 13, 1998. Recommendation: That the City Council approve the Minutes of the Regular Meeting of April 13, 1998, as submitted, with Mayor Jones abstaining due to her absence at the meeting. Item NO. 7: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO. 8: Adoption of Resolutions Commending Eagle Scouts Patrick L. Fleeman and Nathan Hamill Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, commending Eagle Scouts Patrick L. Fleeman and Nathan Hamill. RESOLUTION NO. 4933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT PATRICK L. FLEEMAN ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT NATHAN HAMILL ON ATTAINING THE RANK OF EAGLE SCOUT. Item NO. 9: Proclaiming May 9, 1998, as "Fire Service Recognition Day." Recommendation: That the Mayor and City Council officially proclaim May 9, 1998, as "Fire Service Recognition Day" in the City of Cypress. Item No. 10: Review of Monthly Investment Program for the Month of March 1998. Recommendation: Receive and file. Item NO. 11: Proclaiming May 1998, as "Water Awareness Month." Recommendation: That the Mayor and City Council officially proclaim May 1998 as "Water Awareness Month" in the City of Cypress. Item No. 12: Approval of Submittal of Applications to Orange County Transportation AUthority, Requesting Matching Funds from the Combined Transportation Funding Program for Pavement Rehabilitation Projects. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the submittal of applications requesting matching funds for Ball Road and Walker Street from cerritos Avenue to Katella Avenue pavement rehabilitation projects to the Orange County Transportation Authority. RESOLUTION NO. 4935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF BALL ROAD AND WALKER STREET IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. ~tem No. 13: Approval of Plans and Specifications and Authorization to Solicit Bids for the 1997-98 Resurfacing of Residential Streets, Public Works Project No. 9733. Recommendation: That the City Council take the following actions: 1) Approve the Plans and Specifications and authorize staff to advertise the project for bid for the 1997-98 Resurfacing of Residential Streets, Public Works Project No. 9733; 2) Appropriate $845,000 from the unreserved fund balance of the General Fund to the OCTA Exchange Account No. 4186-11-824-21 to account for an authorized gas tax exchange with OCTA; 3) Approve an increase of estimated revenues from OCTA in the Special Gas Tax 2107 Fund, Other Grants Account No. 3525-23-999-99, in the amount of $845,000; and 4) Approve the transfer of $845,000 from the unreserved fund of the Special Gas Tax 2107 FUnd to the General Fund. Item NO. 14: Adoption of a Negative Declaration for the Lincoln Avenue Bridge and Streetscape Enhancement Project. 5 CITY COUNCIL MINUTES April 27, 1998 Recommendation: That the City Council adopt the Mitigated Negative Declaration and approve the Mitigation Monitoring Program. Item No. 15: Approval of 1998-99 Capital Improvement Program General Plan Consistency Finding. Recommendation: That the City Council make the finding that the 1998-99 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 1993 Update, as required by Government Code Section 65103(c). Item NO. 18: Approval of Employment List - Deputy City Clerk. Recommendation: Receive and file. Regarding Item No. 16, Approval of Lincoln Avenue Civic Signage and Street Furniture, Councilmember Keenan said this item was continued from the workshop session. The Community Development Director explained that the street signage will be on the south corners. Councilmember Piercy commented that she was leery of wooden benches because of possible vandalism. Since the majority of the benches would be metal, she would agree to a few wooden benches. Councilmember Keenan also agreed. The precast urns will be placed thoughout the streetscape project and concentrated in the bowouts. Both styles will be utilized. The bus shelters proposed will be used in conjunction with directory boards. Karen Adhoff, Larry MOSS and Associates, described the clock tower and they were considering a carillon, which would be an add Item. It was moved by Councilmember Piercy and seconded by Councilmember Keenan to approve the street furniture and signage, as discussed in the workshop. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None With regard to Item No. 17, Adoption Of a Resolution Adopting a Policy Concerning the City's Participation in the Friend-of-the-Court Briefs, Councilmember Carroll commented that this resolution would give the City Attorney the authority to represent the City of Cypress as a friend of the court when recommended by the League of Cities. He did not want to approve in advance unilateral permission to use Cypress advocacy in the League of Cities. Responding to Mayor Jones, the City Attorney advised that this would not include litigation that directly affects the outcome to the City. The practical consideration is that usually requests for these kinds of amicus participation come with very short notice and don't easily lend themselves to being agendized, the preparation of a formal report and then a formal Council action. The City Attorneys branch of the League recommended that this item be brought to the City Councils. It is purely the Council's discretion. Councilmember Bowman agreed with Councilmember Carroll because it is a function of the City Council to make the decision whether or not they would direct staff to participate in any sort of brief. Councilmember Keenan also agreed. It was moved by Councilmember Carroll and seconded by Councilmember Bowman to deny adopting a policy concerning the City's participation in friend-of-the-court briefs. The motion carried with the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Jones 1 COUNCILMEMBERS: Piercy 0 COUNCILMEMBERS: None END OF CONSENT CALENDAR ORDINANCES: (Second Readin.cj) It was moved bV Councilmember Bowman and seconded by councilmember Piercy to order the following Ordinance read by title only, title as follows and to adopt the Ordinance establishing operationa~ standards for vehicle repair uses and add specific parking requirements for various auto-related uses. ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING APPENDIX I OF THE CYPRESS ZONING CODE OF THE CITY OF CYPRESS, BY AMENDING SECTION 10.3 OF THE CYPRESS ZONING CODE TO ADD SUBSECTION M, ESTABLISHING OPERATIONAL STANDARDS FOR VEHICLE REPAIR USES; AND BY AMENDING SECTION 14.2.B OF THE CYPRESS ZONING CODE TO ADD SPECIFIC PARKING REQUIREMENTS FOR VARIOUS AUTO-RELATED USES. 6 CITY COUNCIL MINUTES April 27, 1998 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None PUBLIC HEARINGS: 7:30 P.M. PUBLIC HEARING RE: 1998-2005 CAPITAL IMPPROVEMENT PROGRAM: Mayor Jones opened the public hearing and the City Manager asked the Public Works Director to present the staff report. TO ensure that the community needs were being addressed in the seven year plan, the City Council had elected to conduct a public hearing to Invite City residents to speak on the issue. Copies of the draft 1998-2005 capital Improvement Program were placed at the Library, the Senior Center, the Community Center and City Hall for review. In addition, all City Commissioners, as well as other individuals who requested projects for inclusion in the CIP were provided notice of this hearing. After some explanation of the Cypress College and Oxford facility tennis courts, Mayor Jones opened the public hearing. Since no one wished to speak, Mayor Jones closed the public hearing and directed staff to agendlze the item for the May 11, 1998 Council meeting. CONTINUATION OF PUBLIC HEARING RE: COMPREHENSIVE UPDATE OF THE CYPRESS ZONING CODE: Mayor Jones reopened the public hearing. The City Manager called upon the Community Development Director to summarize the staff report who, in turn, introduced the City Planner, AliCe Angus. She indicated that a series of workshops have been held with the City Council to provide the status on the progress of the update effort and to receive direction on the format of the revised text and the substantive changes incorporated into the update. This update of the Cypress Zoning Code is primarily an effort to make the format more readable and user-friendly, to eliminate internal inconsistencies, to clarify confusing provisions and incorporate past interpretations and policy decisions. This update also incorporates a number of substantive changes which were delineated in the report. In accordance with the California Environmental Quality ACt (CEQA), an Initial Study and a Negative Declaration have been prepared for this project. Should this project be approved, a Notice of Determination and de Minimis Impact Exemption would be filed for this project. Notices of this public hearing were posted and published. To date, staff has not received any communication regarding the proposed project. She mentioned that Laura Stetson, Cotton Beland Associates, was in the audience to answer any questions. Mayor Jones suggested that, in the future, changes in documents be highlighted. It was a voluminous document and was difficult to determine what changes were made. Councilmember Carroll referred to the Section allowing 100 pigeons to be kept and he suggested it be reduced to 25. Responding to Councilmember Carroll, the Community Development Director explained the differentiation between the various zones and what is allowable in those zones. Zoning tables are applied City-wide. Specific Plans are more detailed for a particular area. Responding to Councilmember Bowman, the Community Development Director said that staff would be returning to Council addressing residential zoning relating to availability of land, surrounding land uses, and making the appropriate amendments. Councilmember Keenan suggested that the number of compact parking spaces be reconsidered and a standard that the City look at more restrictively. The Community Development Director responded that there are several parts of the parking section that need to be revisited in the future. Councilmember Keenan complimented staff on the clarity of the document. Councilmember Carroll suggested that CN, Commercial Neighborhood zone be considered at a later date. Mayor Jones asked if anyone wished to speak in support of or in opposition to the update of the Cypress Zoning Code. No one spoke and Mayor Jones closed the public hearing. The City Attorney said he has no objection to the proposed document. It was moved by Councilmember Carroll to approve the first reading of the Ordinance with the modification of 25 racing pigeons instead of 100. Mayor Jones said that this was an update to make the document more user-friendly and the modification could be agendized for a future meeting to make changes. Councilmember Carroll withdrew his motion. CITY COUNCIL MINUTES April 27, 1998 It was moved by Councilmember Bowman and seconded by Councilmember Piercy to approve the Negative Declaration and approve the first reading of the Ordinance by title only, title as follows, adopting the Comprehensive Zoning Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS MUNICIPAL CODE BY COMPREHENSIVELY AMENDING APPENDIX I, ZONING. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The Community Development Director explained that this was a reformatting and she suggested that a workshop be held to direct staff as to the areas Council would like studied. PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 97-3 AND VARIANCE NO. 98-2, ALL-NIGHT PARKING LOT LIGHTING AND PERMANENT BANNER-TYPE SIGNAGE, LOCATED AT 9060 WALKER STREET: The public hearing was opened by Mayor Jones and at the request of the City Manager, the Community Development Director summarized the staff report. The application, by Nat Briganti, represented a request to amend Condition No. 24 of Conditional Use Permit No. 97-3 to allow existing parking lot lighting to operate all night, at an existing automobile sales business. A variance from Section 15.3.C. of the Cypress Zoning Ordinance was also requested to allow four permanent banner-type signs, mounted on existing light poles. The subject site is located at 9060 Walker Street. The request for all-night lighting for onsite security purposes was found to be acceptable because the lighting does not create glare or significant spill-over light onto adjacent properties. The request for permanent pole-mounted, banner-type signage was found to be inconsistent with the required findings for granting variances from the sign provisions of the Cypress Zoning Ordinance. Based on the lack of resilience and temporary lifespan of banner materials, banner-type signage was found to be inappropriate as permanent signage. In accordance with the California Environmental Quality Act (CEQA), no further environmental documentation is required for the proposed extension of lighting hours. Because staff is recommending denial of the proposed signage variance, no additional environmental documentation is required for that proposal at this time. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has received two letters of support from the neighboring residents to the south and east of the subject property. The applicant, Nat Briganti, Action Auto Sales, 9060 Walker Street, Cypress, in response to Councilmember Keenan, said he had adjusted the lighting at the request of a neighbor and has not heard any complaints since that time. He said that it is difficult to see the sign he has now and asked if he made the banner signs out of more substantial material would it be acceptable. Councilmember Carroll asked the applicant if he would work with staff to come up with a sign that would meet the code. Mr. Briganti replied in the affirmative. Responding to Councilmember Bowman, Mr. Briganti replied that he closed escrow on the car lot almost two years ago. No one wished to speak in support of or in opposition to the amendment; therefore, Mayor Jones closed the public hearing. The City Attorney commented that the question on when escrow closed determined if Councilmember Bowman would be permitted to participate in this decision. Enough time has elapsed between the close of escrow and the receipt of any income from the sale, and Councilmember Bowman is free to participation in the decision-making. Mayor Jones commented that the recommendation be amended to reflect the applicant returning to the Community Development Department to resolve the signage issues. Councilmember Keenan remarked about the appropriateness of including language regarding shields on the lighting. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to: 8 CITY COUNCIL MINUTES April 27, 1998 AdOpt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 97-3, with the amended Condition No. 24 in Exhibit "A" and an added condition regarding shields on the lighting should complaints be received, and 2. Adopt the Resolution by title only, title as follows, denying Variance No. 98-2, without prejudice, with the applicant returning to staff for resolution of the signage. RESOLUTION NO. 4936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 97-3 - WITH CONDITIONS. RESOLUTION NO. 4937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 15.3.c. TO ALLOW PERMANENT BANNER-TYPE SIGNAGE AT AN EXISTING AUTOMOBILE SALES LOT - VARIANCE NO. 98-2. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 15659, SUBDIVISION OF ONE (1) PARCEL INTO TWO (2) PARCELS, LOCATED AT 6381 - 6427 BALL ROAD: The Mayor opened the public hearing. The City Manager called upon the Community Development Director to review the staff report which represented a request, by Anacal Engineering Co., to subdivide one existing parcel into two parcels, located at 6381-6427 Ball Road. The purpose of the proposed subdivision is to establish separate ownership only. The subject property is already developed and no new development is proposed at this time. The proposed tentative parcel map was found to be consistent with the City's Subdivision, Zoning Ordinance and General Plan. Adequate street frontage and access is provided for each of the two proposed parcels. Additionally, the proposed project qualifies as a Categorical Exemption, Class 15, according to the California Environmental Quality Act (CEQA) guidelines. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. TO date, staff has not received any communication regarding the proposed project. Councilmember Bowman asked if the access from Holder Street will remain with ingress and egress to the larger lot through the smaller lot. After some discussion, the City Attorney referred to Condition No. 4 and suggested that it be changed to specifically require the joint access to both parcels, one access from Holder Street and the other access from Ball ROad. The applicant, LOyal Funk, representing the owners of the property, United Brethren Churches of North America, volunteered to answer questions from the Council and advised that the proposed amendment to Condition No. 4 would be no problem. Mayor Jones asked if anyone wished to speak: in support of or in opposition to the application. No one spoke. The public hearing was closed. ~t was moved by Councilmember Carroll and seconded by Councilmember Keenan to direct staff to prepare a Categorical Exemption, Class 15, to be filed with the County of Orange County Clerk-Recorder and adopt the Resolution by title only, title as follows, approving Tentative Parcel Map NO. 15659, subject to conditions in Exhibit "A", including revised Condition No. 4. RESOLUTION NO. 4938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 15659- WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None 9 CITY COUNCIL MINUTES April 27, 1998 RECESS: Mayor Jones recess the meeting at 9:15 p.m. and reconvened the meeting at 9:25 p.m. with all Councilmembers present. PUBLIC HEARING RE: PLANNING COMMISSION ISSUE: The public hearing was opened by Mayor Jones. The City Manager advised that this issue is in this year's work plan at the request of the City Council. There have been workshops to discuss the advantages and disadvantages, the various models and the cost of a Planning Commission. The presentation will further clarify the options and receive public input. The Community Development Director then presented the staff report which indicated that staff has reviewed the planning items that have been considered by the City Council for the past three years. They have considered over 100 planning items per year and the Community Development Director described the projects included in the major and minor items. Depending upon the model thai: Is followed for a Planning Commission and/or alternative review, the types and numbers of planning items considered by the City could be distributed in various ways. The table of various Planning Commission models was portrayed on the screen and City Planner Alice Angus described the different options and answered questions. Mayor Jones asked for public comment. Mr. George Hallak, 5452 Marion Avenue, Cypress, spoke about his right to vote, the lack of a Planning Commission for 20 years, and a rejection by a vote of the people in 1990. The Council knew what their job entailed and part of It was to act as the Planning Commission. If this Council wants a Planning Commission, they should go back to the people and ask them. He asked the City Council to join the people to put the issue on the ballot and vote on the Planning Commission. Mr. Mike McGill, 6097 Pitcairn Street, Cypress, said that he was initially disappointed that a petition was filed to place the issue on the ballot, but given the rhetoric Councilmembers had engaged in, he was not surprised. Cypress is tired of the division and his neighbors do not want another dispute. He asked that the City Council conduct the debate in a civil manner and respect the views of the community because there are valid arguments on both sides of the issue. Mr. Louie Giampapa, 4921 Marion Avenue, Cypress, said that the people should be allowed to vote on the issue of a Planning Commission and asked the Council to follow the lead of Councilmember Piercy and put the issue on the ballot. He asked what authority the State gives to a Planning Commission when it is Implemented by a city and what laws apply to a Planning Commission. Mr. DOn Wesling, 11431 Anegada Street, Cypress, mentioned the articles in the newspaper naming diesel exhaust as being a carcinogenic element. He didn't understand why the cost of a Planning Commission was so high. A Planning Commission would relieve the council from many things. He believed they needed a Planning Commission now. Ms. Gail Kerry, 5196 Edgemont Circle, Cypress, added that costs are an important factor in the issue. She identified the staff that would need to be present at Planning Commission meetings. When the Planning Commission was eliminated 20 year ago, there was a savings of $100,000. This issue should be decided by the citizens of Cypress. Ms. Cecilia Age, no address given, Cypress, provided a history on other ballot measures before the voters and big money does not win elections. The Planning Commission will be an issue on the November ballot. No one else wished to speak and Mayor Jones closed the public hearing. Responding to Councilmember Carroll, the City Manager replied that the current estimated cost for a Planning Commission would be approximately $37,000 with existing staff. The community Development Director said that whether the workload would increase that much or whether it is a body that takes the work level from one body and handles if: instead is the cost issue. She addressed the difference between the estimates provided previously and the current estimate. The City Planner then provided the Council with the existing assumptions on staff cost. Councilmember Carroll commented that the responsibility, training and authority of the Planning Commission must be known to the public. He said that the issue of the petition was mentioned and, for the record, Councilmember Carroll read the petition language, "In addition, the Council may create any ordinance such boards or commission as, in its judgment, are required may grant to them such powers and duties that are not inconsistent with revisions of this Charter." That's great. Here's the exception. They're not talking about any right to vote. They are saying the Council can establish these 10 CITY COUNCIL MINUTES April 27, 1998 commissions, but now they say, "except, however, any ordinance or resolution of the Council which delegates any of the Council's planning agency powers which establishes a Planning Commission, administrative body or hearing. This isn't about right to vote. It's zeroing in on a Planning Commission. It doesn't say anything about right to vote. Now, that is peculiar why...before I get any further here, we just held a meeting, a public meeting on a $2.7 capital plan. That didn't seem to get someone's attention. This $37,000 here gets all this attention. where is the agenda. Where does the agenda come from. So don't tell me the agenda's money-saving. Where were you when there was a $7 million police budget. You didn't ask that to go to a vote of the public. So let's just address these agendas people think the Council has. I'm very squeamish about some other people's agendas. "In no case may any appropriation of City funds be made for any Planning Commission, administrative body, hearing officers or board of commissioners formed under section 800 or any community advisory board to perform a function of the planning agency." This is not about the citizens right to vote, it is a shot at a Planning Commission. A Planning Commission would share the authority with more people in the City in administrative duties. He asked the City Council to address Option 1A Modified and Planning Commission could be designed with its duties and how Commissioners would be appointed then further decide whether it Is so political it must go to a vote of the people or the Council makes the decision. Councilmember Piercy commented that the petition was very clear and would give the people the final right to vote on the issue. She didn't agree that the Council should be the only one to make the decision. A model could be selected and placed on the November ballot for the vote. She didn't believe in taking away the people's right to make a decision and give the decision-making power to a few people later. Councilmember Bowman suggested that the Council select an option and that option be placed on the ballot. He would agree to Option 1A Modified and would vote tonight if Council wanted to put it on the ballot. Responding to Mayor Jones, the City Attorney advised that an Ordinance would have to be developed, brought back to Council, along with the Resolution to place the matter on the November ballot. Councilmember Keenan said he did not agree that the Planning Commission is an issue that should be voted on by the people because money controls elections. The only thing he would agree to would be a comprehensive survey of the citizens of Cypress. He spoke about financial estimates made on the cost of a Planning Commission. He was not prepared to give the right to vote because the petition is so flawed that it will never make it to the ballot. Councilmember Carroll stated that he thought the Council should proceed so that if it is the decision to put this issue on the ballot, it is done in a timely manner and he would not hesitate to push to get a Council/staff/citizen designed Planning Commission ready for the ballot. Mayor Jones said there are pros and cons to this issue and she did not agree with rushing to the August deadline because this could go to a vote of the people anytime. A Special Election could be called for this purpose. She did not feel that the matter has been fully discussed. After further discussion, the City Attorney advised the Council on several options they could take. Councilmember Carroll moved to direct staff to amplify Option 1A Modified and have a plan that's timely enough that the Council can place the issue on the November ballot, if that is the desire of the Council. councilmember Bowman would vote for the motion providing that the option of it going to a vote of the people or being put on the ballot is part of the motion and he explained his reasons. There was additional discussion on other issues that could be taken to a vote of the people. Councilmember Piercy said that this is one Item that people voted on and the citizens should continue to vote on it. Mayor Jones commented that the argument that the people all voted on this issue in 1990 isn't necessarily true today because of the turnover in the population. She felt that the issue of the Council voting to place the matter on the ballot rather than through the gathering of signatures was as controversial as when the card club issue was placed on the ballot. 11 CITY COUNCIL MINUTES April 27, 1998 Councilmember Carroll remarked that this issue was given to the citizens to vote on and the Council's job is to do what is best for the City. He would agree to put a plan developed by the City Council on the ballot. He amended his motion to place this issue on the ballot. Councilmember Keenan said that would be an exercise in futility and a waste of staff's time and a waste of money. Councilmember Bowman seconded Councilmember Carroll's motion. He commented that the Council is in a better position by putting it on the ballot and selecting the option they want. Councilmember Carroll asked Councilmember Piercy if the Council voted to put a Council- designed Planning Commission measure on the ballot, would she be willing to withdraw her petition. Councilmember Piercy responded in the negative. After additional discussion, Councilmember Bowman asked the City Attorney what would happen if both measures were put on the ballot and they both passed. The City Attorney advised that potentially they are conflicting measures and there would need to be an analysis. If the City sponsored measure failed to gain more "yes" votes than the voter initiated measure, it would not take effect. Unfortunately, the reciprocal could not be true. One way would be to adopt some language In the Resolution calling for the election requiring that the City-sponsored measure would have to get more votes than the voter initiative measure before it would take effect. Responding to Councilmember Piercy, the City Attorney advised of one obvious potential conflict, if both measures are adopted. The voter initiative measure says before any Planning authority, other than the Council, can take effect, there has to be a fiscal analysis of that cost and that cost has to be approved by the voters. There has to be two elections before there is any planning authority. Responding to Councilmember Piercy, the City Attorney advised that an analysis of the cost, the composition of the Planning Commission and the increase in operational cost over the years could be structured into a City-sponsored measure. Councilmember Bowman called for the question. Mayor Jones reiterated the motion which was the City Attorney and staff return to Council with language that would place Option 1A Modified on the ballot meeting the August deadline. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 2 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll and Piercy Keenan and Jones None NEW BUSINESS: IMPLEMENTATION OF A NEIGHBORHOOD DISASTER PREPAREDNESS PROGRAM CALLED COMMUNITY EMERGENCY RESPONSE TEAMS: The City Manager asked Denise Thomas, Emergency Services Coordinator, to present the staff report. As she was preparing her presentation, the Acting Police Chief explained that the Emergency Services Office of the City of Cypress would like to begin a training program within the community to teach disaster preparedness. Ms. Thomas then made a visual presentation of the program, entitled community Emergency Response Teams (CERT), a Federal Emergency Management Agency (FEMA) sponsored course. CERT training is designed to prepare citizens to help themselves, their families, their neighbors and community in case of a catastrophic disaster and will be made available to all citizens, businesses and city employees. The CERT program will be a joint effort between the Cypress Police Department and the Orange County Fire Authority will utilize instructors from both agencies. She introduced Fire Fighter Ken Buchanan who will be one of the instructors and would answer any questions from Council. The Orange County Fire Authority has made a commitment to the development and implementation of this program. The staff report indicated that an Emergency Management Assistance grant has been approved for the amount of $4001.99; however, the correct figure should read $4,199.00. MS. Thomas then answered questions from Councilmembers. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to: 1. Direct staff to move forward with the Community Emergency Response Teams program to better equip and prepare the community for a disaster; 12 CITY COUNCIL MINUTES April 27, 1998 2. Approve an increase of estimated revenues from Emergency Management Assistance Grant funds in the Other Grants account No. 3525-11-999-99 in the amount of $4,199.00; and 3. Appropriate $4,199.99 from the Unreserved Fund Balance of the General Fund to Special Activity account NO. 4104-11-180-05 for Emergency Services. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Jones announced that she was now on AOL and anyone could reach her at MAYORJONES@AOL.Com. APPOINTMENT TO THE JOINT AGENCY GROUP (JAG) OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA): The City Manager referred to the staff report which indicated that the Orange County Transportation Authority had requested the City Council to appoint a representative to serve on the Joint Agency Group (JAG) to discuss the engineering study for an urban rail line in the 28 mile corridor which runs from Irvine to Fullerton. Councilmember Carroll advised that this corridor does not impact the City of Cypress in any direct way and no one volunteered to attend the meetings. Mayor Jones asked that copies of the minutes be sent to the Council. The City Manager said the group will be meeting three times over the next two years to review project milestones and staff will request copies of the minutes. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 31531 - 31737: It was moved by Councilmember Keenan and seconded by Mayor Jones to approve the Commercial warrant List for Warrants No. 31531 through 31737 in the amount of $861,651.53. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None RECREATION & PARK DISTRICT MATTERS: The City Council, Acting as the Ex-Officio Governing Board of Directors. RECOMMENDATION FROM THE CYPRESS CULTURAL ARTS COMMISSION TO SUPPORT "PAINT CYPRESS" ART COMPETITION: The City Manager asked the Recreation and Park DiStrict Director to present the staff report. The report indicated that "Paint Cypress" was presented by the Cypress Art League, sponsored by The Event Newspapers and developed by local artist Julian BloOm. Mr. BlOOm presented the "Paint Cypress" project for review by the Cypress Cultural Arts Commission who was enthusiastic toward the project; however, the Cypress Recreation and Park District budget had no discretionary funding available to support the project. Mr. Julian BlOOm explained the rules for the competition and that entries depict Cypress homes, schools, businesses or activities. Mayor Jones asked what the $500 would be used for and Mr. Bloom responded that it would be for awards. She also asked what other donations had been received from businesses in the City and there have been none. The City Manager noted that requested amount of money is in General Fund reserves, but Mayor Jones wondered why the City Council would be asked prior to seeking assistance from other organizations in the City for support and expressed concern with the procedure. It was moved by Councilmember Carroll and seconded by Mayor Jones that the City Council acting as the ex officio Governing Board of Directors, approve the transfer of $300 to $500 from the Cypress Recreation and Park District's General Fund Unreserved Fund Balance to Cultural Arts account for special activities and supplies/~4104-12-314-10. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, CarrolI, Keenan, PiercyandJones None None 13 CITY COUNCIL MINUTES April 27, 1998 RECESS: Mayor Jones recessed the meeting at 11:15 p.m. to enable the City Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:17 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Jones adjourned the meeting at 11:20 p.m. to Saturday, May 2, 1998 at 8:00 a.m. for a tour of Lincoln Avenue. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 14