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Minutes 88-08-08 r r I 292 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 8, 1988 The regular meeting of the Cypress City Council was called to order at 5:41 p.m. on Monday, August 8, 1988, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Margaret Arnold presiding. PRESENT: Councilmembers Davis, Kanel, Mullen and Arnold ABSENT: Councilmembers Coronado Also present were City Manager/City Clerk Darrell Essex, Assistant City Manager David Barrett, City Attorney Jerry Patterson and staff members Beardsley, DeCarlo and Hurst. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. None were presented. CONSIDERATION OF AWARD OF CONTRACT FOR THE REMOVAL OF STREET TREES AND REPAIRS OF CURB. GUTTER. AND SIDEWALK ON VARIOUS STREETS. CITY OF CYPRESS PROJECT NO. 8813-90: Five bids were received on July 21, 1988 for the removal of street trees and repairs of curb, gutter and sidewalk on various streets, City of Cypress Project No, 8813-90. It was moved by Councilman Kanel and seconded by Councilman Mullen to (1) determine that the lowest responsible bidder is General Procurement & Construction Company, and (2) award a contract for the Removal of Street Trees and Repair of Curb, Gutter and Sidewalk on Various Streets, City of Cypress Project No, 8813-90, to General Procurement Company, 245 Fischer Avenue, Suite A9, Costa Mesa, CA 92626, in the amount of $81,272.21. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF CYPRESS POLICE CANINE PROGRAM: The City Manager referred to the staff report dated July 28, 1988 which indicated that Adlerhorst International, Inc., has supplied the dog and the training of the Cypress officer as a handler. This dog has proven to be satisfactory and is now trained for service. It was moved by Councilman Mullen and seconded by Councilman Kanel to authorize payment to Adlerhorst International, Inc., 3951 Vernon Avenue, Riverside, CA 92509 for one canine and required training in the amount of $6288.00. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE OF BERM ADJACENT TO STANTON CHANNEL, CITY OF CYPRESS PROJECT NO. 8615-90: The staff report dated July 28, 1988 indicated that at the time scheduled for the second bid opening for this work, no bids were received and it was apparent that continued formal bidding for this work will result in similar unsatisfactory responses. The Public Works Department has the skill necessary to perform this work for a limited time, until a satisfactory contractor can be located. It was moved by Councilman Mullen and seconded by Councilman Kanel that (1) no competitive interest exists for performing maintenance of the landscaped berm adjacent to the Stanton Channel; (2) direct the Public Works Department staff to perform the necessary maintenance on an interim basis, and (3) authorize the Public Works Department and Finance Department to negotiate directly with contractors for securing the necessary services, subject to concurrence by the City Council. 1 City Council Minutes August 8, 1988 293 Responding to Councilman Davis, the Public Works Director answered that the Public Works employees would be maintaining the berm for approximately 60 to 90 days. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Mayor Arnold mentioned that weed abatement on the corner of Ball and Walker and Cerritos and Walker has not been conducted. The City Manager suggested that the Public Works Director report to Council at the next meeting whether or not they are on the abatement list. Councilman Davis commented that he has contacted the real estate agency and they stated they would contact the owner to clean up the property. 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. Councilman Davis requested that Item #7, Consideration of Resolution Establishing the Order of Business of City Council Meetings; Item #12, Consideration of Amendment to Condition 6 of C.U.P. #87-32, Mobil Oil Station, Southwest Corner of Lincoln and Valley View, City of Cypress Project No. 8846- 90 and Item #15, Consideration of Proposed Request for Proposal for Developing the Cypress Historic Resources Survey be removed from the Consent Calendar for further discussion. It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the Consent Calendar Items #4 through #15 with the exception of Items #7, #12 and #15. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Item #4: Motion to Approve City Council Minutes of the Regular Meeting of July 25, 1988. Recommendation: That the City Council approve the Minutes of July 25, 1988, as submitted, with Councilman Mullen abstaining due to his absence at the meeting. Item #5: Motion to Introduce and/or Adopt all Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #6: Consideration of Contract Renewal for Looseleaf Supplements With the Municipal Code Corporation. Recommendation: That the City Council approve the renewal of the contract with Municipal Code Corporation for looseleaf supplements for the period of August 1, 1988 through July 31, 1989, under the same terms and conditions of the current contract. Item #8: Consideration of Proclaiming August 20, 1988, as "Volunteer Firefighter Recognition Day." Recommendation: That the Mayor and City Council officially proclaim August 20, 1988, as "Volunteer Firefighter Recognition Day" in the City of Cypress. Item #9: Consideration of Monthly Investment Program for the Month of June 1988, Recommendation: Receive and file. It em # 1 0 : Consideration of Recommendations of the Traffic Commission Meeting of July 19, 1988. 2 City Council Minutes August 8, 1988 294 Recommendation: That the City Council approve the recommendation of the Traffic Commission and adopt a Resolution by title only, title as follows, approving the installation of "Stop" signs for northbound Dina Court at Larwin Avenue and northbound Elizabeth Court at Larwin Avenue. RESOLUTION NO. 3429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A ONE-WAY STOP FOR NORTHBOUND DINA COURT AT LARWIN AVENUE AND NORTHBOUND ELIZABETH COURT AT LARWIN AVENUE. Item #11: Consideration of Acceptance of Final Parcel Map No. 87-365, Walker Street, West Side, North of Camp Street. Recommendation: That the City Council approve Final Parcel Map No. 87-365 and accept the bond for public improvements in the amount of $6,300.00, which is not less than 50% nor more than 100% of the total improvements, and authorize the City Clerk to sign the record map, Item # 13 : Consideration of Resolution Requesting the Orange County Transportation Commission to Allocate Orange County Unified Transportation Trust (OCUTT) Funds for the Installation of Traffic Signal Coordination Equipment on Katella Avenue and on Valley View Street, City of Cypress Project Nos. 8675-50 and 8676-50. Recommendation: That the City Council adopt the Resolution by title only, title as follows, requesting the Orange County Transportation Commission to allocate Orange County Unified Transportation Trust (OCUTT) Funds for the installation of Traffic Signal Coordination Equipment on Katella Avenue, from Siboney Street to Knott Avenue, and on Valley View Street, from Lincoln Avenue to Orangewood Avenue, City of Cypress Project Nos. 8675-50 and 8676-50. RESOLUTION NO. 3430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR THE INSTALLATION OF TRAFFIC SIGNAL COORDINATION EQUIPMENT ON KATELLA AVENUE, FROM SIBONEY STREET TO KNOTT AVENUE, AND ON VALLEY VIEW STREET, FROM LINCOLN AVENUE TO ORANGEWOOD AVENUE, CITY OF CYPRESS PROJECTS NOS. 8675-50 AND 8676-50. Item #14: Consideration of Sale of Surplus Equipment - One (1) Nunes Tractor and Rotary Mower. Recommendation: That the City Council, pursuant to the City Code Section 21A- 8f, authorize the Purchasing Officer to sell one (1) Nunes Tractor and Rotary Mower to the City of La Palma for the amount of $7,000. In regard to Item #7, Consideration of Resolution Establishing the Order of Business of City Council Meetings, Councilman Davis commented about the ensuing confusion of the Oral Communication portions of the meeting. The City Attorney suggested that under Oral Communications, the words "Clarification of" be inserted between "For" and "Matters" which would afford a person the ability to address the Council as to why their item should be considered early and then Council has opportunity to allow them to speak or not. It was moved by Councilman Davis and seconded by Councilman Mullen to adopt the Resolution by title only, title as follows, amending the order of business of City Council meetings by adding "and Resolutions" to the "Ordinances (Second Reading) Section" at the 5:30 p.m. session and insert the words, ",".' "Clarification of" so Oral Communications will read "For Clarification of Matters on the 7:30 P.M. Agenda." RESOLUTION NO. 3431 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING RESOLUTION NO. 3412 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold 3 City Council Minutes August 8,1988295 NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Regarding Consideration of Amendment to Condition 6 of C.U.P. #87-32, Mobil Oil Station, Southwest Corner of Lincoln and Valley View, City of Cypress Project No. 8846-90, Councilman Davis suggested inserting the words, "to the southwest corner of Lincoln and Valley View" to make the location more specific. The Public Works Director suggested the following insertion: 6. "Lincoln Avenue, fronting the property, shall be fully improved with undergrounding of overhead utility lines to the southwest corner of Lincoln Avenue and Valley View Street, driveway closure, street light on Marbelite standard...." It was moved by Councilman Davis and seconded by Councilman Mullen to amend Condition 6 of C.U.P. #87-32, to read as above and deleted the reference to underground utility lines across Valley View Street. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Regarding Consideration of Proposed Request for Proposal for Developing the Cypress Historic Resources Survey, Councilman Davis asked for clarification and input from the Recreation and Park District staff as to what this proposal would encompass. The Recreation & Park Director remarked that the Historical Commi ttee wi ') 1 involve themselves in fund raising in the future, and that the base of information will be the Cypress Historic Resources Survey to set the direction for the Committee. Councilman Davis expressed his support of the City's involvement with this project with some funding and in-kind services but it is a departure from what he thought was being proposed and cautioned that it could involve additional monies. It was moved by Councilman Davis and seconded by Councilman Mullen that the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, direct staff to send out the Request for Proposal to provide the services in developing the Cypress Historic Resources Survey. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado EXECUTIVE SESSION: At 6:00 P.M., Mayor Arnold adjourned the meeting to an Executive Session to discuss matters of personnel and litigation. The meeting reconvened at 7:35 P.M. with all Councilmembers present and staff members Beardsley, DeCarlo, Hurst, Leonard, Lowenberg and Zimmerman present. PLEDGE OF ALLEGIANCE: Councilman Kanel led the pledge. PRESENTATIONS: The City Manager administered the loyalty Oath to newly appointed alternates to the Senior Citizens Commission, Verna Dodson and George Leibowitz. Mayor Arnold congratulated and presented the new Commissioners with Certificates of Appointment. Mr. Lyn Liddell, Texaco Refining and Marketing Inc., gave a presentation of the tank farm remedial clean-up project, showed a video tape which combined the history of the tank farm as well as the current activities. He provided some photographs of the site as he summarized the status of the work in progress and volunteered to answer any questions. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. None were presented. ORAL COMMUNICATIONS: For Matters on the 7:30 P.M. Agenda. Mr. Robert Balvenak, 403 Centralia, Lakewood, reported that he was an associate member of MAGIC (Mothers Against Gangs In Communities) and wished to address the problems of gang activity and present some of MAGIC's viewpoints. Mayor Arnold asked Mr. Balvenak to defer his comments until the item appeared on the Agenda. 4 (" ( /.1 2 City Council Minutes August 8, 1988 96 1t()()ne else wished to comment. the City Attorney recapped the three items discussed during the Executive Session which involved Pinco Construction settlement, a claim made against the City and pending litigation, Hollywood Park vs. the City, in which the Council was apprised of the negotiations by the City Attorney and Mr. Greenberg, co- counsel, The City Manager summarized the actions taken by the City Council during the 5:30 P.M. portion of the meeting. ..., CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-13 AND PARCEL MAP NO. 88-273. 42-UNIT APARTMENT COMPLEX. INCLUDING 8- UNIT DENSITY BONUS AND COMBINING TWO PARCELS: The staff report dated July 29, 1988 indicated a request to continue the item to the August 22, 1988 City Council meeting, It was moved by Councilman Mullen and seconded by Councilman Kanel to continue this matter to August 22, 1988. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado I CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-14. I WOODFIN SUITES HOTEL. SOUTHWEST CORNER OF CERRITOS AND VALLEY: The staff I report dated July 29, 1988 indicated that the applicant requested this item be continued to the City Council meeting of August 22, 1988. It was moved by Councilman Mullen and seconded by Councilman Davis to continue this matter to August 22, 1988. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNC I LMnlBERS: Coronado CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-15. 6-UNIT APARTMENT COMPLEX. INCLUDING I-UNIT DENSITY BONUS, 9502 WALKER STREET: Mayor Arnold declared the public hearing open. The Acting Planning Director presented the staff report dated July 29, 1988 which represented a request to construct six apartment units including a one-unit density bonus. The site is located at 9502 Walker Street. In accordance with the California Environmental Quality Act, a Negative Declaration of Environmental Impact wi 11 be filed for this project. The Acting Planning Director noted that the roof I will be red tile as opposed to the staff report which mentioned gray tile. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject parcel. Responding to Councilman Davis, the Acting Planning Director answered that the sideyard setback would be applicable to this corner house and would be ten feet and expressed his concern about the density view. Councilman Davis asked if the City was required to offer a density bonus on every project and requested that staff research and determine if there is a point of development that additional density bonuses needn't be granted. The applicant, Duf Swedo, Bonanni DevelopmentlSouthridge Homes, 5142 Balsa Avenue, Huntington Beach, stated they have reviewed the report and concur with the finding and conditions. Mayor Arnold asked if anyone wished to speak in favor of the project. No one wished to do so. Mayor Arnold asked if anyone wished to speak in opposition to the application. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that he had not heard I of the density bonus law and. if so, the zoning code needs to be changed to reduce the allowance on al I the lots. He suggested if we have to increase the zoning density by law, we should change our zoning plan so we can increase density without going over what is reasonable. 5 City Council Minutes August 8, 198~97 It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public hearing approving Conditional Use Permit No. 88-15, with conditions. Councilman Davis expressed his support of this project and shared concerns about the overbuilding of properties. He stated he will be looking at these proposals and believed that the density development should be slowed down. Councilman Mullen commented that the zoning adopted by the City allowing this density was done in accordance with the General Plan to enable densities that could be supported by the infrastructure of the City and if there is something wrong with the General Plan and the Zoning is no longer consistent with the long-term build-out goals of the City, then we should take a look at it. The motion unanimously carried by the following roll call vote. AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF PUBLIC HEARING RE: PROPOSED INITIATIVE ORDINANCE MEASURE FOR CYPRESS DOWNS DEVELOPMENT PROJECT AND DISTRIBUTION OF SPECIFIC PLAN NO. 88-4 AND SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT REPORT; GENERAL PLAN AMENDMENT NO. 88-5; ZONE CHANGE NO. 88~7; AND DRAFT CYPRESS DOWNS DEVELOPMENT AGREEMENT NO. 88-1 FOR THE 167.92 ACRE CYPRESS DOWNS SITE AREA: Mayor Arnold opened the public hearing and read a letter from the firm of Allen, Matkins, Leck, Gamble and Mallory, representing SDC Development, who requested that Item No. 19 be removed from the August 8, 1988 Agenda so that the discussion can be postponed to a later time. Mayor Arnold then asked if representatives wished to comment. Mr. James Watson, SDC Development Limited Partnership, 1601 Avocado, Newport Beach, read a prepared statement on behalf of SDC Development and Hollywood Park Realty which described a history of SDC Development's involvement, the negotiations process and the manner in which SDC Development would proceed to secure entitlements and develop the property. He asked that the portion of the request that relates to the voting on the Ordinance measure be deferred, but documents relating to the development remain in the public domain. The City Attorney commented that settlement negotiations were conducted ov~r a long period of time to reach an agreement with all four parties so there could be a General Election; however, the parties were unable to reach agreement. Responding to Councilman Kanel, the City Attorney explained the process that is required for the measure to be included on the November ballot, the Concerned Citizens viewing the process as being too short and why agreement is needed by all four parties involved in the negotiations. Co-counsel, Mr. Greenberg, further explained the compliance with the procedural requirements, the time frame and the consequences if all parties are not in agreement. Councilman Kanel provided a history on Measure D, which was passed in the November 1987 election, the litigation that followed and the judge's subsequent order ruling the measure invalid. Mr. Don Robbins, Assistant Secretary of Hollywood Park Realty Enterprises, Inc., advised there was sufficient concern among many of the attorneys in the settlement negotiations that there may be a procedural defect in the manner in which they were proceeding and he could not counsel his client to submit to that risk. Councilman Kanel asked Mr. Robbins if he would be willing to move forward on a Special Election. Mr. Robbins stated that a special election was not the first choice, but if that's the route that must be taken, then it's probably the one that will be taken, but he was not prepared to state unalterably that's what Hollywood Park would do. Mr. James E. Sutherland, 9802 Bloomfield street, Cypress, attorney for the Concerned Citizens of Cypress, stated that what the Concerned Citizens agreed to negotiate was a process and procedure and if it was agreed to, they would not attack it. He further advised that their requirement was that Council certify the EIR, approve the plan and an election could be held. Mr. Greenberg, co-counsel, explained that the last draft restricted City Council authority to impose conditions which would increase the amount of development or developers rights. 6 / .I ---" City Council Minutes August 8, 1988 298 Mr. Jack Swank, 9849 Via Sonoma, Cypress, spoke of the November 1987 election, identified the Concerned Citizens group and requested a fair election, Ms. Barbara Howell, 4452 Patricia Drive, Cypress, asked what would happen if the public rejected this proposal. Mr. Greenberg answered that the concept of the agreement that was attempting to be reached was that if the ballot measure failed, then all of the parties would be placed back in the courts without prejudice for entering the process. Mr. Roger Geyer, 4433 Via Majorca, Cypress, stated he had expressed his opposition to the plan from the beginning, had asked if the plan would be ~....... subject to public hearings and would not vote for an item that could be changed by any party after the fact. He also expressed his objection to the increased traffic associated with the new development. It was moved by Councilman Mullen and seconded by Councilman Kanel to remove the issue of the November election from consideration and to begin the environmental review process immediately. The City Attorney suggested adding II ...and authorize staff to distribute and make available copies of the Cypress Downs Supplemental Draft Environmental Impact Report and Specific Plan for public review during the public review period commencing August 9, 1988." Councilman Mullen concurred. Responding to the City Attorney's suggestion, Councilman Mullen agreed to include the 45 day review period as part of the motion. Councilman Kanel seconded the amendments to the motion. Mr. Watson commented that a very comprehensive Environmental Impact Report (EIR) was prepared on this project in 1986 and the EIR before the Council is a supplemental review. Mr. Robbins stated he would not oppose an additional 15 days for consideration of the draft EIR review period. Councilman Davis stated he would not support moving ahead without first seeing the complete EIR as he was not a member of the Council at the time of full review and study. He further advised that it if is a good plan, he will "",.~."..... support it. The City Attorney advised that the review period would be from August 9 to September 23, 1988. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado At the Mayor's request, the City Attorney reviewed the next steps, in which the documents will be available for public review and public comment for the next 45 days. At the end of the review period, the City Council will be provided an analysis by the staff along with the draft EIR, the public comments, summaries of any oral comments and staff presentation at a public hearing. (The full text of this hearing is on file in the City Clerk's office.) RECESS: Mayor Arnold recessed the meeting at 9:40 p.m. and the meeting reconvened at 9:55 p.m. with all Councilmembers present as before. CONTINUATION OF CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-20. SINGLE- FAMILY DWELLING UNIT. 8591 LA HOMA STREET: The Acting Planning Director ~. presented the staff report dated July 29, 1988 which indicated the City Council had requested the continuation of Design Review Committee No. 88-20 to address the issue of screens and baffles required by Condition 10 in Exhibit "A" of the staff report. Specifically, there are no objections to the locations of the windows and with no objections from the neighbors, staff feels that screens and baffles may not be required for the second-story windows. The applicant, Mr. David Chiang, 11555 185th Street, Artesia, explained that the house is designed with a high ceiling, the second story side windows are high, does not afford a direct view and does not believe the screens are necessary. 7 City Council Minutes August 8, 1988 299 Responding to Councilman Davis, the Acting Planning Director answered that staff is recommending baffles only on the side of the house where they may be an intrusion. Councilman Kanel referred to the staff report in which it indicated that the applicant had talked to neighbors and they have concurred with the points and asked if staff had confirmed this. The Acting Planning Director stated it was what the applicant had relayed and not verified by staff. After further discussion, the Acting Planning Director suggested a floating condition to address any concerns. Councilman Mullen asked if it were possible to approve the project without the baffles but have the condition ready in the event there are future complaints from neighbors. The City Attorney advised that a condition of this sort would be difficult to enforce in the future and the legal opportunity is now. He suggested several approaches and cautioned that it was a one-time opportunity. Mayor Arnold commented that this condition needs to be observed more reasonably. Councilman Davis asked if it were possible to have a condition leaving the decision of screening to the Planning Director to make the decision based on current standards. The City Manager provided a brief history of screening of second story windows which came about when apartment houses were built next to single family residences and there was concern over the view from the second story windows into the residential areas. He suggested leaving the decision to the Planning Director to verify the fact the existing neighbors have no problem with the design of the second story windows and if they do, baffles will be required. Mayor Arnold agreed, but requested that the matter be reviewed and then brought back to the Council before making a decision and felt this might be an unfair request of the applicant. It was moved by Councilman Davis and seconded by Councilman Mullen to approve Design Review Committee No. 88-20 continuing the second story window issue to August 22, 1988 with direction provided by the Planning Director at that meeting. Councilman Kanel asked if the Design Review was being changed by continuing the one condition. He advised he would agree that this be a condition subject to the verification of the Planning Director and provided the neighbors agree. Councilman Davis withdrew his motion and Councilman Mullen withdrew his second. It was moved by Councilman Davis and seconded by Councilman Mullen to certify the Negative Declaration in accordance with the requirement of the California Environmental Quality Act and receive and file Design Review Committee No. 88-20 with conditions subject to the Planning Director confirming that there isn't an intrusion problem, with the neighbors agreement; and if there is an intrusion problem, baffles be required on the second story windows. The motion carried by the following roll call vote: AYES: 4 rOUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONTINUATION OF CONSIDERATION OF RESOLUTION TO SET A PUBLIC HEARING FOR A PROPOSED PARCEL MERGER ORDINANCE: Councilman Davis commented that this item was continued at his request and he wished to table it and leave it off the Agenda until such time as discussions on the new Planning Commission are completed. Councilman Kanel asked the connection between the proposed Planning Commission and a proposed parcel merger ordinance. The City Attorney advised that it had nothing to do with the Planning Commission but in the event an applicant came to the City and wanted to consolidate parcels, we have no mechanism to do it. He further advised the advantage to the City in having a parcel merger ordinance is that it can be done more quickly and normally it's used when , there are pieces of parcels none of which by itself makes a developable piece ~ ~ of property. Councilman Kanel advised that if the matter is tabled, the ~ Council cannot bring it up and suggested that this matter be continued for 120 ~ days. Councilman Davis recalled that, at the present tlme, merging of parcels I is the responsibility of the Council and we are now making that a staff , {I decision. The City Attorney advised that it would still come to the Council " for approval and sets out a process. Councilman Mullen had supported the j 8 i -. -' 30iOY Counc il Mi nutes August 8, 1988 continuance but a simplified way of merging parcels can allow the City to take advantage of some very valuable opportunities and would prefer to act on this matter but will defer to Councilman Davis' desire to continue. He suggested considering adopting the ordinance as presented. It was moved by Councilman Davis and seconded by Councilman Kanel to table this matter for 90 days. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCI LMEMBERS: None jot".~.~ ABSENT: 1 COUNCILMEMBERS: Coronado CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS RECREATION & COMMUNITY SERVICES COMMISSION, CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CULTURAL ARTS COMMISSION and CONTINUATION OF CONSIDERATION OF APPOINTMENT TO THE CYPRESS CABLE TELEVISION COMMISSION: Mayor Arnold referred to staff reports dated August 2, 1988 which involved replacing commission members, the review of the process for compliance with the Brown Act which has not been resolved and urged continuance of these matters until the August 22, 1988 meeting. It was moved by Councilman Kanel and seconded by Councilman Mullen to continue these items to August 22, 1988 for action by the Council. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-22. SECOND SINGLE-FAMILY DWELLING. 5632 SAINT ANN AVENUE: The Acting Planning Director summarized the staff report dated July 29, 1988, which represented a request to construct a second single-family dwelling in addition to an existing single-family dwelling located at 5632 Saint Ann Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this .~ project. It was moved by Councilman Mullen and seconded by Councilman Kanel to certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and to receive and file Design Review Committee No. 88-22, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kane1, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF REPORT ON GANGS ACTIVITY: Mayor Arnold complimented Chief Lowenberg on the detailed report dated August 1, 1988 on the history of gangs and their activities in this particular area. Chief Lowenberg reported on the history, the activities of local gang issues, strategies and recommendations. He advised that the recommendation is the community's crime prevention or suppression effort be coordinated by the Police Department with the utilization of community resources. Mr. Robert Balvenak, 403 Centralia street, Lakewood, an associate member of Mothers Against Gangs In the Community (MAGIC) has talked to many community people and the main thrust is contacting the parents of the gang members and recommended Neighborhood Watch as the best prevention of any kind of gang activity. There being no objection, Mayor Arnold received and filed the report. CONSIDERATION OF REQUEST FOR FINANCIAL SUPPORT FROM HOT STUFF SOFTBALL. STATE CHAMPIONS OF THE AMATEUR SOFTBALL ASSOCIATION: Mayor Arnold referred to the staff report dated August 2, 1988 which described a request for $150.00 to help defray traveling expenses for the team members from the Hot Stuff Softball Association. 9 City Council Minutes August 8, 1988301 Councilman Mullen expressed the opinion that this organization was not sufficiently associated with the City of Cypress to justify consideration of the allocation of taxpayer funds and felt this type of donation should depend more on private support rather than taxpayer support. Councilman Kanel advised that the notification is a standard solicitation and he does not feel it is an appropriate contribution to make. It was moved by Councilman Kanel and seconded by Councilman Mullen to receive and file the request. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE: The staff report dated August 2, 1988 indicating a request had been received for the City Council to designate a voting delegate and alternate for the Business Session on Tuesday, October 18, 1988. It was moved by Councilman Mullen and unanimously agreed that Mayor Arnold act as the voting delegate and Councilman Kanel the alternate at the League of California Cities' Annual conference. CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION FOR APPOINTMENT TO THE CYPRESS TRAFFIC COMMISSION: Mayor Arnold referred to the staff report dated August 2, 1988, which indicated five applications were received and Council is requested to schedule a time and date to conduct an interview session. The City Attorney suggested interviewing without making a decision. It was moved by Councilman Mullen and seconded by Councilman Davis to continue this matter until after a decision has been made on the process by which Commission members will be selected. The motion unanimously carried by the following roll call vote: AYES: 4 COUNC I LMEtIBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNC ILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF CITY ESTABLISHMENT OF LOCAL GUIDELINES TO IMPLEMENT THE CALIFORNIA ENVJRONMENTAL QUALITY ACT, ("CEQA~: The staff report dated July 28, 1988 indicated that the California Environmental Quality Act directs the State Resources Agency to develop regulations for compliance with the Act's objectives by locql agencies lhe State Resources Agency has developed these regulations and Section 15022 of the guidelines requires local public agencies to adopt local guidelines to implement the Act. It was moved by Councilman Mullen and seconded by Councilman Davis to adopt the Resolution by title only, title as follows making the required modifications in the procedure. RESOLUTION NO. 3432 A RESOLUTION OF THE CI1Y COUNCIL OF THE CITY OF CYPRESS REPEALING RESOLUTION NO. 2746 AND ADOPTING AMENDED GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNC I LMU1BERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCI LMEMBE RS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21711 - 27953: It was moved by Councilman Mullen and seconded by Councilman Davis to approve the Warrant List for Warrant Nos. 27711 through 27953 in the amount of $886,539. ]9. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMU1BERS: Davis, Kane], Mullen & Arnold NOES: 0 CDUNC ILMEMBFRS: None 10 -~----_..--- ~ r._ City Council Minutes August 8, 1988 302 ABSENT: 1 COUNCILMEMBERS: Coronado ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilman Kanel requested that because of the importance of the discussion, that a transcript be made of the hearing on the Proposed Initiative Ordinance Measure for Cypress Downs Development Project and Distribution of Specific Plan No 88-4 and Supplemental Draft Environmental Impact Report; General Plan Amendment No. 88-5; Zone Change No. 88-7; and Draft Cypress Downs Development Agreement No. 88-1 for the 167.92 Acre Cypress Downs Site Area. The City Manager suggested that a note be inserted in the minutes that the full text of this discussion is on file in the City Clerk's office and a copy will be provided to the Councilmembers. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Arnold adjourned the meeting at 10:45 p.m. (t~~~p~ ATTEST: I d (-#17/ I CITY CLE~ THE C Y OF CYPRESS I I i 11