Minutes 98-04-13CITY COUNCIL MINUTES
CITY OF CYPRESS
April 13, 1998
Page
ABC LICENSEmR/F transfer app for AM/PM Mini Mart, 9511 Valley View
ABC LICENSE--R/F transfer app for Sizzler/~54, 5735 Lincoln
ABC LICENSE--R/F transfer app for Good Deal Mart, 4502 Lincoln
ABC LICENSE--R/F transfer app for Pizza Hut, 4065 Ball Road
ARNOLD/CYPRESS PARK--Apprv plans & specs & auth solicitation of bids for roller hockey rink
CAMPAIGN FINANCE REFORM/DISCLOSUREmWOrkShOp session held w/general direct to City Arty
COMMENDATIONS--Adopt Resos commending Eagle Scouts Travis & Trent Weaver &
Daniel Huffmire
COMMENDATIONsAdOpt ReSO Commending Chief of Police Daryl Wicker
CUP NO. 89-19--COnt P/H for Pacific Stereo to 5/11
CUP NO. 98-4--Adopt Reso apprv permit for wide rear yard balcony, 8721 Acacia Dr
CUL ARTS COMM--Apprv policy for art in public places
EMPLOYMENT LISTS--R/F lists for ASst Planner & Police Officer
FINANCE DEPT, COMM WARRANT LIST--Apprv Warrants No. 31097 - 31530
JANITORIAL SERVICES--Auth contract adjustment to current custodial contract
LINCOLN AVENUE PROJECT--Narrowed suggestions
MAINTENANCE DEPThAward contract to purchase replacement truck
OAK KNOLL PARK--ACCept donation of $2500 for picnic tables
ORAL COMMUNICATIONS--Citizens spoke on respiratory ailments, Brethren Christian, Community
Outreach & Youth Commission
PARKWAY TREE--Apprv removal of tree at 9572 Margaret St
PARKWAY TREE--Deny removal of tree at 11628 Onyx St
POLICE DEPARTMENT--Awarded contract for blood alcohol testing
POLICE DEPT--AUth City tO join grant funding process for COPS MORE
PRESENTATION--Mayor's proclamation presented to Julian BlOom
PRESENTATIONsReceived $2500 donation from woman's Club
PRESENTATION--Presented Mayor's Proclamation to Mt Calvary Lutheran Church
PRESENTATION--IntroduCed first-time homebuyers
PROCLAMATION--PrOClaim April 26- May 2 as uSkip a Meal for the World's Children Week"
PROCLAMATION--Proclaim May 3-9 as "Hire a Veteran Week~
PUBLIC WORKS DEPT--Awarded contract for P.D. Remodel, PW Proj 9721
STRATEGIC PLANNING PROCESS--Auth employment of Snider & Assoc to assist in process
YOUTH COMMISSION--A joint meeting was held with the City Council
TAXICAB FRANCHISE--Auth one-year renewal of franchise for Yellow Cab Co.
VAR NO. 98-1--AdOpt Reso apprv reduced side yard setback, 8721 Acacia Dr
WORKPLAN OBJECTIVES--Apprv workplan objectives for F/Y 1998-99
ZONING CODE--Cont P/H tO 4/27
ZONING CODE--Apprv Ist reading of Ord amendment 98-1, adding auto-related use parking
ZONING MATTERS--Adopt Reso apprv DRC NO. 98-9
ZONING MATTERS--Cont P/H on DRC No. 97-37 to 5/11
ZONING MATTERS--Adopt Reso apprv DRC No. 98-?, constr of Office Bldg, 5900 Corporate
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 13, 1998
The Regular Meeting of the Cypress City Council was called to order on Monday, April 13,
1998 at 5:32 p.m. in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Pro Tern
Tim Keenan presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Carroll, Keenan and Piercy
Mayor Jones
Also present were the City Manager, City Attorney and staff members DeCarlo, Liu and
Wylie.
JOINT MEETING: Youth Commission
The Youth Commissioners discussed recognition of their Commission and its members
within the City of Cypress, funding and publicity. They suggested events that could be
held in Cypress rather than other cities, a budget for the Commission and more
communication between the Youth Commission and the City Council. Members of the
Council suggested that minutes of the Youth Commission meetings be made available to
the Council. The Council asked the Commissioners their opinion on Grad Nite, roller
hockey, the number of Council meetings with the Youth Commission and the time of
year Commission appointments were made.
WORKSHOP SESSION: DiSCUSSiOn Regarding Campaign Finance Reform/Disclosure.
The City Attorney referred to the communication addressing preliminary conclusions
reached considering whether or not the City Council would have the legal authority to
adopt regulations which would require greater campaign finance reporting than is
presently required by State law. He suggested two legislative approaches: one in the
form of a proposed ordinance which would require the reporting to the City Clerk of all
independent expenditures affecting a candidate, ballot measure or political issue
pending before the City. The other approach is to have members of the Council sign a
pledge that is largely self-enforcing to agree not to participate in the discussion of any
matter that comes before the Council where one of the parties in the matter has made a
campaign contribution to the Councilmember. The question is what is the sanction the
City could impose for refusal to comply with the law.
There followed a question and answer period on campaign contributions and literature,
penalties, enforcement and reporting systems.
There was a discussion regarding the request of the City Council to have the City Attorney
look at alternatives for establishing local regulations related to campaign finance reform
and disclosure. There was no specific action taken by the City Council but general
direction was given to continue the review and return to Council in another workshop.
CLOSED SESSION: Mayor Pro Tern Keenan recessed the meeting at 6:30 p.m. to allow the
Council to enter into Closed Session to discuss those agendized items of Public
Employment Release (Government Code Section 54957); Conference with Labor
Negotiator (Government Code Section 54957.6) Cypress Police Officers' Association;
Conference with Legal Council on two existing litigation cases (Government Code Section
54956.9(a) U.S. District Court Case No. SACV98-171, Via Maria v. City of Cypress, et al; Orange
County Superior Court Case No. 790938, Stephen Spernak v. City of Cypress, et al and one
Liability Claim (Government Code Section 54956.95) Debra Fernandes against the City of
Cypress. The meeting reconvened at 7:05 p.m., with all Councilmembers present except
Mayor Jones. AlSO present were the City Manager and City Attorney and staff members
Christoffels, DeCarlo, Kelly, Krauss and Wylie.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Carroll.
INVOCATION: Pastor William Lindenmeyer of Holy Cross Lutheran Church gave the
invocation.
CITY COUNCIL MINUTES April 13, 1998
PRESENTATIONS:
Mayor Pro Tem Keenan presented a Mayor's Proclamation to Mr. Julian Bloom for his
outstanding contributions to the arts on behalf of the Cypress Cultural Arts Commission.
MS. Ronnie Gregory and MS. Darlie Woschek presented a $2,500 donation from the
Woman's Club of Cypress for the purchase of picnic tables at Oak Knoll Park.
Mayor Pro Tern Keenan presented a Mayor's Proclamation to Reverend Dale B. Johnson of
MOUnt Calvary Lutheran Church on their 40th Anniversary.
The successful applicants that participated in the first-time homebuyers program were
introduced by Mayor Pro Tern Keenan.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager summarized those discussions held at a joint meeting with the Cypress
Youth Commission and the workshop session regarding campaign finance
reform/disclosure.
The City Attorney reported on the considerations given to those agendized items. The
Public Employment Release resolution was adopted by title only, title as follows, granting
an industrial disability retirement to the former Chief of Police by a unanimous vote of
the City Council, with Mayor Jones absent.
RESOLUTION NO. 4924
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING CERTAIN
FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY RETIREMENT.
There was no discussion on Labor Negotiations with the Cypress Police Officers'
Association. There was a brief session held with respect to Via Maria v. City of Cypress,
with the City filing i~s answer today. Regarding Spernak v. City of Cypress, a brief report
was given and no action taken. The Council unanimously voted, with Mayor Jones absent,
to reject the claim of Debra Fernandes.
ORAL COMMUNICATIONS: Limited to One-half hour.
Mr. DOn Wesling, 11431 Anegada Street, Cypress, referred to an article in the L. A. Times
about linking cancer and other respiratory ailments to diesel exhaust. He mentioned
Shaw warehouse with 52 bays and diesel trucks going in and out.
Mr. Stan Phernambucq, 4673 Santorini Drive, Cypress, was present representing
approximately 90 Cypress families that send their children to Brethren Christian. He asked
the Council to assist them in staying in Cypress and he presented a petition.
Mayor Pro Tern Keenan commented that he would like it to go on record that, "This City
Council has supported Brethren very strongly in the past. We've lobbied on your behalf
to the Anaheim Union High School DiStrict and I'd like to acknowledge that Brethren has
been a tremendous citizen of Cypress and we're disappointed that Anaheim Union High
School District has done what they decided to do but that's out of our hands. BUt you do
have our support and our support from the past as well...strong support."
Mr. Brad Wille, 3713 Stearnlee Avenue, Long Beach, a Board member of Brethren Christian
High School, said they wanted to show their appreciation to the City of Cypress and the
Council that represents it. Their goal is to purchase ten acres of the race track property
and make Cypress Brethren's permanent residence. He asked the Council for their
support.
Mr. Frank Sabato, VP LOS Alamitos Race Course, 4961 Katella Avenue, Los Alamitos, that, on
behalf of the race course, they would like to have Brethren as their neighbor and are
ready to sell the property to them. They are looking for the Council's support and
direction.
Mr. Bill Mathews, 4223 Paseo de Plata, Cypress, commended Brethren Christian on their
good works and wanted Cypress to become a permanent home for them.
MS. Dana Milne, 5442 Yale Avenue, Westminster, ASC president and member of CIF
Championship Girls Basketball Team, was present on behalf of the Brethren Christian
student body, stated there was an opportunity to relocate near the LOS Alamitos Race
Track thus keeping the school in the City.
CITY COUNCIL MINUTES April 13, 1998
Mr. Barrett M. LUketic, 12632 Scandia Street, Garden Grove, Principal at Brethren Christian,
was present on behalf of students, teachers, parents and board members to thank the
Council for the opportunity to operate in the City. They are good neighbors and they
don't want to leave Cypress. He requested the Council's support in that endeavor. He
asked the City Council to reaffirm Brethren as a school they want to retain and pledge
their support in the school's efforts to procure land, process permits and build a campus
on the race track site.
Councilmember Carroll mentioned the meeting with the Youth Commission and their
request to meet with Council at least once a year. This Council had no influence on the
situation between AUHSD and Brethren Christian's predicament. The City Council is being
encumbered by a lot of administrative detail and he asked all Councilmembers to think
about it and the public in general.
Mayor Pro Tem Keenan announced that Mayor Jones will be conducting a Community
Outreach at the Cypress Senior Center, 9031 Grindlay Street, from 10 a.m. to Noon on
Saturday, April 18.
Mayor Pro Tern Keenan also announced the impending retirement of the Deputy City
Clerk.
AWARD OF CONTRACTS:
AWARD OF CONTRACT FOR BLOOD ALCOHOL TESTING: The City Manager requested the Acting
Police Chief to present the staff report which asked for the renewal of a contract utilizing
the services of California Forensic Phlebotomy (CFP) tO draw blood from suspects arrested
for certain alcohol or drug related offenses. California Forensic Phlebotomy responds to
the Police Department and hospitals to obtain blood samples from individuals in police
custody and are the only known firm that provides this service.
It was moved by Councilmember Carroll and seconded by Councilmember Bowman to
authorize the renewal of a contract for blood alcohol and drug testing to California
Forensic Phlebotomy, 26012 Marguerite Parkway, Suite H-235, Mission Viejo, California
92692, for the period March I, 1998 to June 30, 1999 for an amount not to exceed $20,000.
The motion unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
AWARD OF CONTRACT FOR THE POLICE DEPARTMENT REMODEL, PUBLIC WORKS PROJECT NO.
9721: At the request of the City Manager, the Public Works Director presented the staff
report which indicated that seven bids had been received for the Police Department
remodel. This project was included in the 1997-98 budget and included specific
improvements to be made.
Councilmember Carroll suggested that the City be assured of the financial strength of the
bonding company.
It was moved by Councilmember Bowman and seconded by Councilmember Pierc¥ to
award a contract for the Police Department Remodel Project, Public works Project No.
9721, tO William F. Schafer Construction, Inc., 3410 Cogswell Road, El Monte, California
91732, in the amount of $71,558 (award amount of $65, 052 plus ten percent contingency).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Pierc¥
NOES: 0 COUNCILMEMBERS: None
AB~.;ENT: 1 COUNCILMEMBERS: Jones
AWARD OF CONTRACT TO PURCHASE A REPLACEMENT VEHICLE FOR THE MAINTENANCE
DIVISION, REQUEST FOR QUOTATION NO. 9798-9: The Public Works Director reviewed the
staff report which advised that the 1997-98 budget included funding to replace a 1983
truck utilized by the City's pesticide crew. Two bids were received for this replacement
and staff is recommending the award be given to Huntington Beach Dodge because the
bid submitted by Board Ford did not meet the size specifications.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
award a contract to purchase a truck as outlined in Request for Quotation No. 9798-9 to
Huntington Beach Dodge, 16555 Beach Blvd., Huntington Beach, CA 92647, in the amount
of $19,712.56. The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES April 13, 1998
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Bowman, Carroll, Keenan and Piercy
None
Jones
REQUEST FOR CONTRACT ADJUSTMENT TO THE ClTY'S CURRENT CUSTODIAL CONTRACT WITH
ADVANCED BUILDING MAINTENANCE COMPANY: The City Manager asked the Public Works
Director to summarize the staff report which indicated that a two year custodial contract
was awarded to Advanced Building Maintenance on September 23, 1996. Attached to the
report was a letter from Advanced requesting a 15°/6 increase on the monthly amount of
$1,900 to offset recent mandated minimum wage increases. He provided a history of the
City's previous experience with janitorial services.
Councilmember Carroll asked that the City be assured that the contract language is not
precedent setting and the City would not be liable to match any other indices.
It was moved by Councilmember Piercy and seconded by Councilmember Carroll to:
1. Authorize a $286 per month increase in the City's current custodial contract with
Advanced Building Maintenance.
2. Appropriate $858 from the unreserved fund balance of the General Fund to Account
NO. 4156-76-624-08 tO fund this increase through the end of the fiscal year.
Condition the above actions on the contractor agreeing to hold this new monthly
rate of $2,186 per month for an additional two years beginning on the October 1, 1998
expiration date of the current contract.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
AUTHORIZATION TO HIRE SNIDER AND ASSOCIATES TO ASSIST WITH THE PROPOSED STRATEGIC
PLANNING PROCESS: At the request of the City Manager, the Assistant to the City Manager
presented the staff report indicating that the workplan for 1997/98 included the
development of a City-wide Strategic Plan. This Plan would address the major issues
currentIv facing the community or those which are anticipated in the future and are
critical for the long term success of the City. Three bids were received for the strategic
planning process proposed including an assessment of the current state of the City, a
trend analysis, identification of major city issues and a future oriented action plan to
accomplish long-term goals and shorter term strategic objectives. Included in the report
was a request for authorization to contract with a strategic planning consultant to
provide an orientation at a Council workshop, to assist with the implementation of two
focus group meetings, one-half day workshop with the City Council and two additional
half-day workshops with City staff.
Councilmember Piercy mentioned that some of the meeting times would preclude those
citizens that are working and she suggested they be held later in the evening.
Councilmember Carroll expressed his concern with the schedule in sending out invitations
to the focus groups prior to the Council's orientation. He concurred that the focus group
meetings should be held in the evenings and extend the schedule to September. It will
take time to communicate with the citizens that their help is requested.
Responding to Mayor Pro Tern Keenan, the Assistant tO the City Manager explained the
duties that would be performed by the facilitator.
Mayor Pro Tem Keenan would concur that meetings in the evening hours would be
appropriate.
It was moved by Councilmember Piercy and seconded by Councilmember Carroll to:
1. Authorize an appropriation of $10,000 from the unreserved balance of the General
Fund to Account Number 4187-11-117-02 for the strategic planning project, and
2. Contract with Snider and Associates, PO Box 13053, Oakland, California 94661.
The City Manager suggested that following be added to the motion. Focus group
meetings be held in the evening to allow for more opportunity to select citizens who
would participate. The citizen participation survey be conducted before ge~ing too far
into the strategic planning so there is input as a part of defining the City's position as a
4
CITY COUNCIL MINUTES April 13, 1998
service provider in the Community. The selection of the focus groups to take place after
the orientation with the City Council and develop a new schedule that would take into
consideration all those suggestions. Councilmembers Piercy and Carroll would agree to
amend their motion to include the recommendations. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
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.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
approve the Consent Calendar Items NO. 6 through 20. Responding to Councilmember
Carroll, the Acting Police Chief answered that it was coincidence that there were four ABC
license transfers on the Consent Calendar at the same time. The motion unanimously
carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Bowman, Carroll, Keenan and Piercy
None
Jones
Item No. 6: Motion to Approve City Council Minutes of March 23, 1998 and March 30, 1998.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
March 23, 1998 and March 30, 1998, as submitted.
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 Travis Dickson Weaver,
Trent Adams Weaver and Daniel R. Huffmire.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, commending Eagle Scouts Travis Dickson Weaver, Trent Adams Weaver and Daniel
R. Huffmire.
RESOLUTION NO. 4925
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
TRAVIS DICKSON WEAVER ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4926
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
TRENT ADAMS WEAVER ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4927
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
DANIEL R. HUFFMIRE ON A]-rAINING THE RANK OF EAGLE SCOUT.
Item No. g: Adoption of Resolution Commending Chief of Police D~rvI M. Wicker for Flit 30
Years of Service to the Cypress Police Department ancl the City of Cypress..
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Chief of Police Daryl M. Wicker for his 30 years of service to the
Cypress Police Department and the City of Cypress.
RESOLUTION NO. 4928
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING CHIEF OF
POLICE DARYL M. WICKER FOR 30 YEARS OF OUTSTANDING SERVICE TO THE CYPRESS
POLICE DEPARTMENT AND THE CITY OF CYPRESS.
Item No. 10: Approval of Employment Lists for the Positions of Assistant Planner and
Police Officer (Lateral and Academy Trained).
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CITY COUNCIL MINUTES April 13, 1998
Recommendation: Receive and file
Item No. 11: Approval of an Application for Alcoholic Beverage License Transfer filed by
Caroline, Chiang J., Lauren Hyon and Sang Yui Kim, D.B.A. Sizzler #54, 5735 Lincoln Avenue,
cypress.
Recommendation: Receive and file.
Item No. 12: Approval of an Application for Alcoholic Beverage License Transfer Filed by
Cheryl Ann and Emmanuel A. Abdallah, D.B.A. EA AM/PM Mini Market, 9511 Valley View
Street, Cypress.
Recommendation: Receive and file.
Item NO. 13: Approval of an Application for AlCoholic Beverage License Transfer Filed by
Mona Aziz Atalla and Raof Sadek Faitas, D.B.A. Good Deal Mar~, 4502 Lincoln Avenue,
Cypress.
Recommendation: Receive and file.
Item No. 14: Approval of an Application for Alcoholic Beverage License Transfer filed by
Sultan Kurani of Kurani Foods, Inc., D.B.A. Pizza Hut, 4065 Ball Road, Cypress.
Recommendation: Receive and file.
Item No. 15: Proclaiming April 26- May 2, 1998, as uSkip a Meal for the World's Children
Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim April 26- May 2,
1998, as "Skip a Meal for the World's Children Week" in the City of Cypress, as requested by
the Kiwanis Club.
Item No. 16: Proclaiming May 3 - 9, 1998, as "Hire-A-Veteran Week."
Recommendation: That the Mayor and City Council officially proclaim May 3 - 9, 1998, as
"Hire-A-Veteran Week" in the City of Cypress.
Item No. 17: Renewal of Non-Exclusive Taxicab Franchise- Yellow Cab Company.
Recommendation: That the City Council authorize a one-year renewal of the non-
exclusive Taxicab Franchise issued to the Yellow Cab Company to expire on March 23,
1999.
Item No. 18: Approval of Design Review Committee Permit NO. 98-9, Request to Install a
New Sign Face on an Existing Pole Sign at The Huntress Cocktail Lounge, Located at 5591
Lincoln Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit NO. 98-9 - with conditions.
RESOLUTION NO. 4929
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 98-9 - WITH CONDITIONS.
Recreation and Park District Matters:
Item No. 19: Approval of Plans and Specifications, and Authorization to Solicit Bids for
Arnold/Cypress Park Roller HOckey Rink Construction.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, approve the Plans and Specifications
for the construction of a Roller Hockey Rink at Arnold/Cypress Park, and authorize staff to
solicit bids for the project.
Item NO. 20: Acceptance of $2,500 Donation From the Woman's Club of Cypress and the
Appropriation of $2,500 for Purchase of Picnic Tables for Oak KnOll Park.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District: 1) Formally accept a donation in the
amount of $2,500 from the Woman's Club of Cypress, and increase the Recreation and
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CITY COUNCIL MINUTES April 13, 1998
Park District revenue account #3713 (Donations) by $2,500; and 2) Appropriate $2,500 to
Recreation and Park District budget account 4113-12-301-10 for purchase of picnic tables.
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 p.m.
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-19
AND DESIGN REVIEW COMMITTEE NO. 97-37, REQUEST TO EXPAND AN EXISTING AUTO STEREO
INSTALLATION USE AND RELATED IMPROVEMENTS AT 5177-5185 LINCOLN AVENUE. Mayor Pro
Tern Keenan referred to the staff report which advised that there was a request to
continue this item to the meeting of May 11, 1998. He asked if anyone wished to
comment on this item and no one wished to speak.
Councilmember Bowman said he would abstain on the vote because he has listed the
property for sale since the last meeting.
It was moved by Mayor Pro Tern Keenan and seconded by Carroll to continue this item to
the meeting of May 11, 1998. The motion carried with the following roll call vote:
AYES: 3 COUNCILMEMBERS: Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
ABSTAINED: 1 COUNCILMEMBERS: Bowman
CONTINUATION OF PUBLIC HEARING RE: COMPREHENSIVE UPDATE OF THE CYPRESS ZONING
CODE: Mayor Pro Tern Keenan stated that there was a request to continue this public
hearing to the City Council meeting of April 27, 1998. He asked if there was anyone who
wished to comment on this item. NO one spoke.
It was moved by Mayor Pro Tern Keenan and seconded by Councilmember Bowman to
continue this item to the meeting of April 27, 1998. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE CYPRESS ZONING CODE NO. 98-1,
ADDING SPECIFIC AUTO-RELATED USE PARKING STANDARDS AND OPERATIONAL STANDARDS:
Mayor Pro Tern Keenan re-opened the public hearing. The City Manager asked the
Community Development Director to summarize the staff report which advised that the
current auto-related use moratorium expires on April 13, 1998. One of the items
identified as needing action to address the concern with auto-related uses was the study
and adoption of adequate parking and operational standards to address the various auto-
related uses. This proposed amendment to the Cypress Zoning Code would add specific
vehicle repair use standards and specific auto-related use parking standards. Currently,
vehicle repair uses are conditioned on a case-by-case basis. Also, auto repair and other
auto-related uses are subject to the same general parking requirement as service stations.
As directed by the City Council, input was sought in the format of a Community Meeting
held on March 19, 1998. 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. Notices of this public hearing were posted and published for
the original February 23, 1998 public hearing. To date, staff has not received any
communication regarding this proposed project other than the input received at the
March 19, 1998 Community Meeting.
After some comments by members of the Council, Mayor Pro Tern Keenan asked if
anyone wished to speak in support of or in opposition to the proposed amendment. No
one spoke.
It was moved by Mayor Pro Tem Keenan and seconded by Councilmember Piercy to
approve the first reading of the Ordinance by title only, title as follows, adopting
Amendment to the Cypress Zoning Code No. 98-1 adding parking and operational
standards for auto-related uses.
ORDINANCE NO.
AN ORDINANCE OF TIlE 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
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CITY COUNCIL MINUTES April 13, 1998
OPERATIONAL STANDARDS FOR VEHICLE REPAIR USES; AND BY AMENDING SECTON 14.S.b
OF THE CYPRESS ZONING CODE TO ADD SPECIFIC PARKING REQUIREMENTS FOR VARIOUS
AUTO-RELATED USES.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 1 COUNCILMEMBERS:
Bowman, Carroll, Keenan and Piercy
None
Jones
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-4 AND VARIANCE NO. 98-1, NEW SINGLE-
FAMILY RESIDENCE WITH A 10' WIDE REAR YARD BALCONY AND A REDUCED SIDE YARD SETBACK
OF 7', LOCATED AT 8721 ACACIA DRIVE: Mayor Pro Tern Keenan opened the public hearing.
The City Manager requested that the Community Development Director review the staff
report which represented a request by Glen and Maria Dantema to construct a 4,622
square foot, two story, single-family residence, plus a 1,440 square foot garage structure.
The garage area is designed to accommodate four cars and a recreational vehicle. The
subject property is located at 8721 Acacia Drive. Single family homes are usually approved
through the Design Review CommiL~ee permit process. However, a conditional use
permit is required for the proposed second story balcony facing the rear yard.
Additionally, a variance from the Cypress Zoning Ordinance is required to allow the
proposed seven (7) foot side yard setback and the ten (10) foot wide balcony. The
proposed project was previously approved by the City Council on AUgUSt 14, 1995 and
subsequently extended for the maximum one year period. Due to delays encountered in
funding the project, the extension expired on AUgUSt 14, 1997. Thus, the applicant must
obtain new zoning permits to proceed toward construction of the subject project. The
circumstances which justified the findings for the original project approval are still
applicable. 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.
Ms. Maria Danroma, 17924 Pioneer Blvd., Artesia, owner of the lot on Acacia Drive, said
that she hoped that all things were in place so construction could begin.
No one wished to speak in support of or in opposition to the permit. Mayor Pro Tern
Keenan closed the public hearing.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
adopt the Resolutions by titles only, titles as follow, approving Conditional Use Permit NO.
98-4 and Variance No. 98-1, subject to conditions.
RESOLUTION NO. 4930
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-4 - WITH CONDITIONS.
RESOLUTION NO. 4931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, TO ALLOW A
SINGLE-FAMILY RESIDENCE TO ENCROACH THREE (3) FEET INTO THE SIDE YARD SETBACK
AND A BALCONY EXTENSION UP TO TEN (10) FEET IN ONE DIRECTION - VARIANCE NO 98-1.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
PUBLIC HEARING RE: APPROVAL OF CITY WORKPLAN OBJECTIVES FOR FISCAL YEAR 1998-99:
Mayor Pro Tem Keenan opened the public hearing and the City Manager presented the
staff report with the attached list of workplan objectives, which was read for the viewing
audience. The Council met in a workshop/retreat setting on February 22, 1998 and
discussed workplan objectives for the coming fiscal year. If approved, the projects will be
incorporated into the workplan for the coming year and enabling documents such as the
budget and Capital Improvement Program will be developed in anticipation of
completing those projects.
Mayor Pro Tern Keenan asked for public comment on the proposed workplan objectives.
NO one wished to speak.
CITY COUNCIL MINUTES April 13, 1998
Councilmember Bowman asked about the inclusion of the Wicker Drive property and the
City Manager explained that the property would continue to be land banked, and upon
completion of the Lincoln Avenue project, then return with the Wicker Drive project.
Councilmember Carroll suggested adding an Intra-City transportation system to the
workplan. Members of the Council voiced no objection to this addition.
The City Manager believed that the completion deadline for the Strategic Plan and the
citizens satisfaction survey need to be evaluated.
Mayor Pro Tern Keenan suggested that focus groups used on a smaller scale could also
provide material for the survey.
It was moved by Councilmember Piercy and seconded by Councilmember Carroll to
approve the workplan projects, with the addition of the Intra-City transportation service,
the noted timeframes and direct staff to develop its annual workplans in consideration of
the adopted goals and objectives. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
RECESS: Mayor Pro Tern Keenan recessed the meeting at 8:40 p.m. and reconvened at 8:55
p.m. with all Councilmembers present except Mayor Jones.
DEFERRED BUSINESS:
CONTINUATION OF AUTHORIZATION TO JOIN THE CITY OF BREA IN APPLICATION FOR A COPS
MORE GRANT FOR MOBILE DATA COMPUTERS FOR POLICE VEHICLES: At the request of the City
Manager, the Acting Police Chief summarized the staff report which represented a
request to authorize the Police Department to join the City of Brea in an application for a
COPS MORE grant for Mobile Data Computers for police vehicles. The City of Brea is
presently overseeing a Police Mobile Data System (MDS) program for their patrol units and
provides contract MDS services to four other cities. The City of Brea is expanding and
upgrading their MDS system to Mobile Data Computer (MDC) and has hired a grant writing
company to seek a COPS MORE grant to fund the project. The grant is designed to
underwrite the costs of a new and improved Mobile Data Computer System. The City of
Brea has offered the Cities of Seal Beach, Los Alamitos and Cypress the opportunity to join
in the grant funding process.
Responding to questions from Council, Lt. Weuve advised that the City would be involved
in the grant for five years, then renew to stay with the MDS system or let the agreement
expire. He did not anticipate any substantial upgrades during the five years since Brea is
doing them now.
It was moved by Councilmember Bowman and seconded by Councilmember Pierc¥ to
Authorize the City Of Cypress to join the grant funding process with the City of Brea
by authorizing the City Manager to sign the Memorandum of Understanding for the
Brea MDS COPS MORE grant, and sign the Letter of Agreement with the City of Brea to
participate for a five year period.
o
Authorize the transfer of $94,000.00 from the Supplemental Law Enforcement Services
Fund balance (Fund 30) to the Equipment Replacement Fund and approve the
appropriation of $94,000.00 to account number 4453-9(~656-35 to cover the estimated
hardware and software costs.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Pierc¥
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
NEW BUSINESS:
APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 98-7, CONSTRUCTION OF AN OFFICE
BUILDING, LOCATED AT 5900 CORPORATE AVENUE: The City Manager asked the Community
Development Director to summarize the staff report which represented a request to
construct a 15,102 square foot, two story office building on the parcel located at 5900
Corporate Avenue. The subject property is also located within the PC-5 Planned
Community Business Park Zone and the Business Park land use area of the Cypress General
CITY COUNCIL MINUTES April 13, 1998
Plan. The applicant is processing this application for the property owner and future
tenant, O'Brien Industries, Inc. Staff has reviewed this proposal and fund that the project
complies with all of the development standards as set forth in the Cypress Zoning Code
and the Cypress View Limited Specific Plan, including building design, setbacks, site
coverage, landscaping and required parking. The proposed development is also
consistent with the goals and policies set forth in the City of Cypress General Plan.
Additionally, the Initial Study Checklist and Mitigated Negative Declaration have been
prepared for the proposed project in accordance with the requirements of the California
Environmental Quality Act (CEQA). The Design Review Committee reviewed and approved
the architectural and site design of the proposed building on March 26, 1998. The Design
Review Committee's decision shall become effective upon the City Council's consent to
the approval of Design Review Committee Permit No. 98-7. She read into the record the
environmental tiering process. "In 1985, the Cypress View Limited Specific Plan
Environmental Impact Report (EIR) was certified and adopted by the City Council in
association with the approval of the Specific Plan development project. The EIR set forth
mitigation measures required to offset any potential environmental impacts of the
Specific Plan development. The proposed building is within the assumed scope of the
Cypress View Limited Specific Plan project. In accordance with the requirements of the
California Environmental Quality Act (CEQA) guidelines, an Environmental Checklist/Initial
Study was prepared to determine if any significant impacts would result from the
proposed office building project. The check list concluded that, with the incorporation
of applicable mitigation measures, the proposed project would not result in a significant
impact on the environment. Therefore, a Mitigated Negative Declaration and a Mitigation
Monitoring Program was prepared for this project. Additionally, all applicable mitigation
measures have been incorporated as conditions of approval for this project."
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to:
Approve the Mitigated Negative Declaration and mitigation monitoring program in
accordance with the requirements of the California Environmental Quality Act (CEQA);
and
Adopt a Finding of de Minimis Impact and direct staff to file a Notice of
Determination and de Minimis Impact Exemption with the County of Orange, County
Clerk-Recorder; and
3. Adopt the Resolution by title only, title as follows, approving Design Review
Committee Permit No. 98-7, subject to conditions.
RESOLUTION NO. 4932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMI]-rEE PERMIT NO. 98-7 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Bowman, Carroll, Keenan and Piercy
None
Jones
REQUEST TO REMOVE A PARKWAY TREE AT 9572 MARGARET STREET: The Public Works
Director summarized the staff report which indicated that the street tree at 9572
Margaret Street does not meet any of the criteria established by the City Council for tree
removals. The Public Works Director's decision denying removal may be appealed to the
City Council by the resident, which has been done. Staff is seeking Council direction on
this matter. The tree is currently healthy and has no documented history of causing
damage to the sewer system. The minor sidewalk and curb damage can be repaired by
tree removal. However, since the tree has caused displacement of the property owner's
adjoining block retaining wall, it was moved by Councilmember Piercy and seconded by
Councilmember Keenan to grant the request to remove the street tree. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
Councilmember Carroll said he would like to see this tree replaced.
REQUEST TO REMOVE A PARKWAY TREE AT 11628 ONYX STREET: The Public Works Director
advised that the street tree at 11628 Onyx Street does not meet any of the criteria
established by the City Council for tree removal. The primary complaint about the Privot
tree is the type of tree and the mess it leaves.
10
CITY COUNCIL MINUTES April 13, 1998
Councilmember Piercy concurred that the resident is concerned about the messiness of
the tree, not any damage and she didn't see any reason for removing this tree.
It was moved by Councilmember Piercy and seconded by Councilmember Carroll to deny
the removal of this street tree. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
LINCOLN AVENUE PROJECT NAME SELECTION: The City Manager presented the staff report
which advised that the City Council had directed staff to issue a press release soliciting
input from the community to submit project name suggestions for the Lincoln Avenue
Project. Staff has prepared a list of 37 proposed project names which were received from
members of the public.
The Council considered all of the names, made some additional suggestions and It was
moved by Councilmember Carroll and seconded by Mayor Pro Tem Keenan to continue
this item with the consensus to narrow the list to consider Re-discover Lincoln, Discover
Lincoln, Lincoln Alive, Lincoln Avenue Anew, The Lincoln Experience, Lincoln AVeNEW and
Lincoln 2000 and leave the list open for further suggestions. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 31097 - 31530: It was moved
by Councilmember Piercy and seconded by Councilmember Bowman to move the
Warrant List for Warrants No. 31097 through 31530 in the amount of $1,689,576,32. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
RECREATION & PARK DISTRICT MAI-~ERS: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors.
APPROVAL OF ART IN PUBLIC PLACES POLICY AS RECOMMENDED BY THE CULTURAL ARTS
COMMISSION: The Director of Recreation and Parks requested Patty Bailey, Recreation
Services Manager, to present the staff report. She submitted an Art in Public Places Policv
which would establish a formal procedure for the acquisition of public art for Council's
review. The Cultural Arts Commission has been working on an implementation plan for
public art since June of 1995. The Commission recommended that with the acceptance
of the arts policy, a City Resolution be drafted outlining how public art shall be selected
and procedure, how funds will be developed, fund disbursements and other stipulations
as outlined.
Mayor Pro Tern Keenan asked that the policy be clarified as to where the City Council fits
into the approval process.
vice Chair of the Cultural Arts Commission, Linda Sunlev, remarked that the final decision
on the acceptance of the art would be with the City Council.
After some discussion, the City Attorney said that the Council has the final funding
authority and however they decide to spend the money could be based on financial or
artistic criteria.
It was moved bv Councilmember Piercy and seconded bv Councilmember Bowman that
the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and
Park District, approve the policy as presented and direct the creation of a City resolution
to facilitate policy implementation. The motion unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Pierc¥
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
11
CITY COUNCIL MINUTES April 13, 1998
CYPRESS REDEVELOPMENT AGENCY MATTERS: They Cypress City Council Acting as the
Cypress Redevelopment Agency. Nothing was presented.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Piercy reminded the audience that on April 22, 1998, Lexington Junior
High School will be having their "American Experience" and everyone is welcome.
Vice Chair Linda Sunle¥ invited the City Council and the community to participate in
"Cypress Celebrates the Arts," beginning Sunday, April 26, 1998.
Councilmember Carroll commended the Woman's Club for the $2,500 for picnic tables for
Oak KnOll Park.
WRITTEN COMMUNICATIONS: FOr Matters NOt on the Agenda. None were presented.
ADJOURNMENT: Mayor Pro Tern Keenan adjourned the meeting at 9:55 p.m. to Monday,
April 20, 1998 at 6:00 p.m. at the Cypress Senior Center.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
12