Minutes 98-05-11CITY COUNCIL MINUTES
CITY OF CYPRESS
May 11, 1998
Paqe
CAPITAL IMPROVEMENT PROGRAM--Adopt City of Cypress/Rec & Park Dist program for 1998-2005
CATV COMMiSSiONinAppropriate $100 for comm Festival Video Contest
COMMENDATION--Adopt ReSO commending Eagle Scout Alp Arkun
CUP NO. 89-19--AdOpt Reso apprv Amend to permit expand existing use, Pacific Auto Stereo,
5177-5185 Lincoln
CUP NO. 98-S--Adopt ReSO apprv permit add sale of beer & wine, Pizza HUt, 4065 Ball
CUP NO. 98-?--Adopt Reso apprv permit, single family residence, 8537 Acacia Dr
FINANCE DEPT--Award contract for upgrade to local area network, network opr sys & e-mail
FINANCE DEPT, COMM WARRANT LIST--Apprv Warrants NO. 31738 - 31944
LINCOLN AVE PROJECT NAME--COUncil selected "Rediscover Lincoln"
LOS AL RESERVE CENTER--Auth Mayor to seek support for funding of Air Traffic Controllers
MUNICIPAL CODEmApprv Ist reading of Ord for Regulation of Solicitation of & for Employment
from a Public or Private Right-of-Way
ORAL COMMUNICATIONS--Citizen spoke on Planning Commission, Planning matters, public
hearing notices
PRESENTATION: OC Sanitation presented proposed ground water replenishment sys proj
PROCLAMATION--PrOClaim May 10-16, 1998 as "Senior Center Week"
SANTA ANA RIVER--Adopt ReSO supporting State & Fed funding
VARIANCE NO. 98-3--Adopt Reso apprv variance for circular drive, 8537 Acacia Dr
VETERANS PARK--DiSplay flag year 'round at Veterans Park
VETERANS PARK SKATEPARK--Continued to May 26
ZONING--Adopt Ordinance amending Appendix I
ZONING MATTERS--Adopt Reso apprv/denying DRC NO. 97-37, Pacific Stereo, 5177-5185 Lincoln
ZONING MATTERS--Adopt ReSO apprv DRC NO. 98-8, rear yard balconies, 8537 Acacia Dr
4,5
5
5-7
8
7
8-9
8
1-2, 9
1
2
2-3
5-7
3
3
4-5
4-5
5-7
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 11, 1998
The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday,
May 11, 1998, 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 Christoffels, Krauss,
Storey and WVlie.
CLOSED SESSION: Mayor Pro Tern Keenan immediately recessed the meeting to enable the
Council to enter into Closed Session to discuss those agendized items of Conference With
Labor Negotiator (Government Code Section 54957.6), Cypress Police Officers' Association;
Conference with Legal Council (Government Code Section 54956.9(a) on two existing
litigation cases, U.S. District Court Case NO. SACV98-171, Via Maria v. City of Cypress, et al
and Orange County Superior Court Case No. 790938, Stephen Spernak v. City of Cypress, et
al; Conference with Real Property Negotiator (Government Code Section 54956.8) streets
and rights-of-way owned by the City and MediaOne; and Liability Claim (Government Code
Section 54956.95) Kevin Vu v. City of Cypress.
MAYOR JONES ARRIVED AT 5:45 P.M.
The meeting reconvened at 7:00 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
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman.
INVOCATION: The invocation was presented by Pastor Norm Johnson, Cypress Park
Community Church.
PRESENTATIONS:
Mr. Jim Herberg, Orange County Sanitation District, provided a visual and oral
presentation related to the proposed groundwater replenishment system project. He
referred to inflow and infiltration reduction. He mentioned the two other ways of
lowering the flow of waste water into the system: water conservation and water
reclamation. It will be very difficult to acquire new water sources in the future and this
project will provide a safe and reliable local source of water for Orange County.
REPORT OF CLOSED SESSION AGENDA
The City Attorney reported on the Closed Session items of Conference with Labor
Negotiator where the Agency Negotiator received additional negotiating authority from
the Council. The Council was briefed on the status of the existing litigation cases and a
privileged and confidential status report was rendered. Real property negotiations were
discussed in connection with streets and other public rights-of-way owned by the City
and utilized by the cable provider MediaOne regarding price, terms and conditions and
the scope of legal authority in franchise renewal negotiations. The Council unanimously
rejected the indemnity claim of Kevin Vu.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR.
Mr. George Hallak, 5452 Marion Avenue, Cypress, quoted the City Attorney when he
commented on the consequences if both Planning Commission measures were put on
the ballot and passed. Mr. Hallak suggested language that the Council could adopt and
the conflict avoided.
Mayor Jones said that the petition represented very bad legislation in that it goes beyond
the scope of just a Planning Commission.
Councilmember Keenan referred to an article in the Sunday, May 10, 1998 Orange County
Register on two citizens in the City of Cypress with a picture of the Council Chamber in
CITY COUNCIL MINUTES May 11, 1998
the background, which is testimony to the fact that property is well maintained in the
City.
Councilmember Carroll introduced Battalion Commander Ron Blaul of the Orange County
Fire Authority who was in the audience.
AWARD OF CONTRACTS:
AWARD OF CONTRACT FOR NETWORK UPGRADE: The City Manager requested that the
Finance and Administrative Services Director present the staff report which described the
upgrade needed to the City's computer network in order to connect to the Internet,
establish communication with the Police Department's NT network, replace outdated
hardware and install a system of security to prevent hacking from outside the City's
network.
It was moved by Councilmember Carroll and seconded by Councilmember Bowman to
approve an award of contract for an upgrade to the City's local area network to GST, Inc.,
17707 Valley View, Cerritos, CA 90701 for $42,378.08 and approve an award of contract for
an upgrade to the City's Novell network operating system and for Groupwise e-mail, to GE
Capital Information Technology Solutions, 1812 Tribute Road, Suite "C", Sacramento, CA
95815 for $11,705.40. 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 Keenan asked that Item No. 10, Request to Provide a $100 Contribution to
the Community Festival for Video Contest Prizes, be removed. Councilmember Carroll
requested that Item No. 6, Request from Vietnam Veterans of Orange County to Fly the
Prisoners of war/Missing in Action Flag Year Round, be pulled and Mayor Jones requested
that Item No. 2 Minutes of the April 27, 1998 meeting be removed.
It was moved by Councilmember Keenan and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 2 through 10, with the exception of Items No. 2,
6 and 10. 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
Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 4: Adoption of Resolution Commending Eagle Scout Alp Arkun.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Eagle Scout Alp Arkun.
RESOLUTION NO. 4939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
ALP ARKUN ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No. 5: Proclaiming May 10 - 16, 1998, as "Senior Center Week."
Recommendation: That the Mayor and City Council officially proclaim May 10 - 16, 1998, as
"Senior Center Week" in the City of Cypress.
Item No. 7: Adoption of the 1998-2005 Capital Improvement Program for the City of
Cypress and Cypress Recreation and Park District.
Recommendation: That the City Council formally adopt the City of Cypress/Cypress
Recreation and Park District Capital Improvement Program for fiscal years 1998-2005.
Item No. 8: Adoption of Resolution Supporting Funding for the Santa Ana River Mainstem
Project.
CITY COUNCIL MINUTES May 11, 1998
Recommendation: That the City Council adopt the Resolution by title only, title as follows
in support of State and Federal funding for the Santa Ana River Mainstem Project.
RESOLUTION NO. 4940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING INCREASED
STATE & FEDERAL FUNDING FOR THE ARMY CORPS OF ENGINEERS SANTA ANA RIVER
MAINSTEM PROJECT.
Item No. 9: Adoption of a Negative Declaration for the Veterans Park Skatepark Project,
Located at 4555 Ball Road.
Recommendation: That the City Council continue this matter to the meeting of May 26,
1998.
Regarding Item No. 2, Motion to Approve City Council Minutes of April 20, 1998, April 27,
1998 and May 2, 1998, Mayor Jones referred to the Minutes of April 27, 1998, page 15, 8TM
paragraph. She felt that the intent of what she said was misstated. She said that the
matter of the Council voting to put an issue on the ballot, rather than having the people
go out and gather signatures, was a controversial issue.
Councilmember Carroll remarked that there is a petition in existence. This Council is
coming up with a valid argument about a Planning Commission and quite different than
what the other issue was because this petition is already in existence.
It was moved by Mayor Jones and seconded by Councilmember Keenan to approve the
Minutes of the Adjourned Regular Meeting of April 20, 1998, the Regular Meeting of April
27, 1998, as amended, and the Adjourned Regular Meeting of May 2, 1998, as submitted.
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. 6, Approval of Request From the Vietnam Veterans of Orange
County to Fly the Prisoners of War/Missing in ACtion Flag Year Round in Cypress,
Councilmember Carroll said that this flag is a symbol of victory and should not be
forgotten. It is appropriate that the flag be flown year 'round at Veterans Park in Cypress.
Mayor Jones advised that there were 78,000 POWs or MIAs from WWII, 8,000 POWs or MIAS
from the Korean War and 2,000 POWs or MIAs from the Vietnam War.
It was moved by Councilmember Carroll and seconded by Mayor Jones to: 1) ACCept the
POW/MIA flag donation from the Vietnam Veterans of Orange County; 2) Direct staff to
display a POW/MIA flag at Veterans Park year 'round; and 3) Appropriate an additional
$75.00 in the General Fund budget for Fiscal Year 1998/99, (account number 4104-11-229-
08), for POW/MIA flags.
Mayor Jones asked that the flag be flying by Memorial Day and the City Manager replied in
the affirmative.
In regard to Item No. 10, Request to Provide a $100 Contribution to the Community
Festival for Video Contest Prizes, Councilmember Keenan asked for a staff report on this
item. Assistant to the City Manager Karen Wylie responded that the Chairman of the
Community Festival wrote a letter to the City of Cypress Cable Television and TeChnOlOgy
Commission requesting their participation in a proposed video contest. The CATV
Commission considered this request and took action to recommend that the City Council
consider approving a contribution of $100 to the Community Festival for video contest
prizes. Responding to Councilmember Keenan, Ms. Wylie advised that the members of
the Cable Commission will not be participating on site or during the video contest.
Councilmember Keenan suggested that MediaOne be contacted and their participation
requested and MS. Wylie will mention to the Community Festival Association that they
contact the cable company. It was moved by Councilmember Keenan and seconded by
Councilmember Bowman to consider appropriating an additional $100 for fiscal year
1998/99 in Account Number 4163-11-117-02 (Contributions) for the City's contri bution to
the Community Festival for Video Contest prizes as recommended by the Cable Television
and Technology Commission. 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
CITY COUNCIL MINUTES May 11, 1998
END OF CONSENT CALENDAR
ORDINANCES: (Second Reading)
It was moved by Councilmember Bowman and seconded by Mayor Jones to order the
following Ordinance read by title only, title as follows, and to adopt the Ordinance
amending Appendix I, Zoning.
ORDINANCE NO. 976
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 by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
PUBLIC HEARINGS: 7:30 P.M.
Bowman, Carroll, Keenan, Piercy and Jones
None
None
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-19
AND DESIGN REVIEW COMMITTEE NO. 97-37, REQUEST BY MR. MOHAMAD ABOABDO OF PACIFIC
STEREO TO EXPAND AN EXISTING AUTO STEREO INSTALLATION USE AND RELATED INTERIOR
IMPROVEMENTS, INCLUDING THE USE OF NEON FOR SIGNAGE AND BUILDING ACCENT TREATMENT
AT 5177-5185 LINCOLN AVENUE. Mayor Jones reopened the public hearing. The City
Manager asked the Community Development Director to summarize the staff report
which represented a request to amend Conditional Use Permit 89-19 to allow the
expansion of the existing Pacific Stereo automobile stereo installation use within an
existing retail commercial shopping center located at 5177-5185 Lincoln Avenue. Included
with this application is a request for Design Review Committee approval for interior and
exterior improvements to the building. Included as part of the Design Review Committee
application is a request to maintain a neon sign on the front elevation of the building and
neon accent lighting on the top portion of the south, east and west building elevations.
After presenting staff's concerns regarding the expansion of the auto stereo installation
use, the City Council directed staff to prepare a noise study to analyze the potential noise
impacts of the expanded auto stereo installation operation. In accordance with the
requirements of the California Environmental Quality ACt (CEQA), a statement of
exemption will be filed for this project. 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, one property owner has responded and spoken against this
project at the February 9, 1998 Council meeting.
Mayor Jones asked when there is more than one set of conditions, if they could be
grouped together. She also asked about hours of operation and suggested that they be
made part of the conditions.
Councilmember Bowman stated that he would abstain from voting on this item and he
left the dais at 7:55 p.m.
The applicant was not in the audience. Mayor Jones asked if anyone wished to speak in
support of or in opposition to the application.
Ms. Yvonne Perez, 5132 Alaska Street, Cypress, said that the sound level has definitely
improved. It hasn't been as noisy as in the past and she hoped that it would continue.
She would be in favor of the application.
Responding to Mayor Jones' concern regarding hours of operation, the Community
Director suggested that the language be changed to, "Operations shall not extend beyond
10 p.m. and shall not begin before 7 a.m." which would protect the noise sensitive time
period.
Councilmember Carroll suggested that the hours be changed to 7 a.m. to 9 p.m.
The City Attorney advised that with the applicant absent, they have waived any right to
object to Council action.
Mayor Jones agreed to the change of hours of operation from 10 p.m. to 9 p.m. and she
closed the public hearing.
It was moved by Councilmember Carroll and seconded by Mayor Jones to adopt the
Resolutions by titles only, titles as follow, approving amendment No. 2 to CUP No. 89-19,
CITY COUNCIL MINUTES May 11, 1998
included the change of hours of operation to 7 a.m. to 9 p.m., and approving in part and
denying without prejudice in part, DRC No. 97-37.
RESOLUTION NO. 4941
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT
NO. 2 TO CONDITIONAL USE PERMIT NO. 89-19 - WITH CONDITIONS.
RESOLUTION NO. 4942
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING IN PART AND
DENYING WITHOUT PREJUDICE IN PART, DESIGN REVIEW COMMITTEE NO. 97-37.
The motion carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Bowman
Councilmember Bowman returned to the dais at 7:59 p.m.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-5, REQUEST BY MR. RAHIM CHARANIA OF
KURANI FOODS, INC., TO ADD THE SALE OF ON SITE BEER AND WINE TO THE PIZZA HUT
RESTAURANT, LOCATED AT 4065 BALL ROAD: The public hearing was opened by Mayor
Jones. The Community Development Director presented the staff report which
represented a request to add the sale of onsite beer and wine to the existing Pizza Hut
restaurant located at 4065 Ball Road located within the Ralphs Shopping Center at the
northeast corner of Ball ROad and Bloomfield Street. The applicant previously operated
the Pizza HUt restaurant located within the same shopping center at 4185 Ball Road,
which moved to the new location in June of 1997. Due to a demand by customers dining
at the restaurant, the applicant has decided to request the sale of beer and wine at this
location. In accordance with the requirements of the California Environmental Quality
Act (CEQA), this project has been determined to be categorically exempt, Class 1. 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. In the past, the City Council has looked
at requests for alcohol sales on an individual basis. According to the Alcoholic Beverage
Control (ABC) the area where this request is located can accommodate up to two more
on-sale alcoholic beverage licenses.
The applicant, Mr. Rahim Charania, 4065 Ball Road, Cypress, responded to questions from
the Council on his hours of operation, which were Sunday through Thursday, 11 a.m. to
11 p.m. and Friday-Saturday, 11 a.m. to Midnight.
No one wished to speak in support of or in opposition to the application. Mayor Jones
then closed the public hearing.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
adopt the Resolution by title only, title as follows, approving CUP NO. 98-5, subject to
conditions of approval.
RESOLUTION NO. 4943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-5 - WITH CONDITIONS.
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
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-7, DESIGN REVIEW COMMITTEE NO. 98-8
AND VARIANCE NO. 98-3, NEW SINGLE-FAMILY RESIDENCE WITH REAR YARD BALCONIES AND A
CIRCULAR-SHAPED DRIVEWAY, LOCATED AT 8537 ACACIA DRIVE: Mayor Jones opened the
public hearing. The City Manager asked the Community Development Director to
summarize the staff report, which represented several requests filed by Mr. Brent Sears
on behalf of Mr. And Mrs. Criss involving the construction of a new two story, single~
family residence located at 8537 Acacia Drive. A conditional use permit is required for the
proposed second story balconies facing the rear yard. Additionally, a variance from
Section 9.3.B. of the Cypress Zoning Ordinance is required to allow the proposed circular-
CITY COUNCIL MINUTES May 11, 1998
shaped driveway. The proposed residential development meets all development
standards, except the driveway. The findings necessary to grant a driveway variance can
be justified in this case. The proposed balconies will not impact the privacy of adjacent
residences. In accordance with the California Environmental Quality Act (CEQA)
guidelines, the proposed project qualifies for a Categorical Exemption, Class 3(a) and 5(a).
Therefore, a Notice of Exemption will be filed for this project upon approval by the City
Council. Notices of this public hearing of the conditional use permit and variance 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 Keenan asked that a condition be considered to prohibit expansion of
that structure for occupancy or a temporary residence. The Community Development
Director said that the Zoning Ordinance and the City Code regulate it.
Mr. Brent Sears, representing the applicant Mr. And Mrs. Criss, 203 Argonne Avenue, #210,
Long Beach, said the buildings on the property are in bad condition and will be
demolished. The applicant agreed with the conditions of approval and share the concern
about light spreading to adjacent properties; however, they are some distance away. The
second floor balconies are even further away from the neighboring properties. He
addressed some of the concerns raised by the Council on the pool house and answered
questions.
No one wished to speak in support of the project. Mayor Jones asked if anyone wished to
speak in opposition to the application.
Mr. Everett Weerheim, Acacia Drive, Cypress, complained about the possible water
drainage from the circular driveway because there is a problem with standing water in
front of his house and asked about the type of fencing.
Responding to Councilmember Bowman on the drainage problems on Acacia Drive, the
Public Works Director advised that the older homes were built prior to current code,
which requires that the grade be elevated so the property drains to the street. There is
no cure for the problem other than trying to minimize the runoff.
Mr. Melvin Gallis, 8541 Acacia Drive, Cypress, said he was not really in opposition to the
development but he had questions about the tennis court lighting and the position of
the balconies. He then reviewed the plans for the project with members of the Planning
staff.
MS. Shannon MCFalI, 8681 Acacia Drive, Cypress, thought the project would be a nice
improvement to the street. She asked about Lot 15, which adjoins the applicant's
property and contains a well in which each of the Acacia Drive property owners had a
share.
The Community Development Director advised that lot was not a part of the applicant's
property. Normally, a well site is owned by the property owners in the area and the plans
show a six foot high fence that will go around the well site.
Councilmember Pierc¥ asked if there would be access to the well site.
Mr. Sears assured the neighbors that the balconies face west, not south. He clarified that
there was a piece of the property with a well, which may have been abandoned. A
wrought iron fence with a gate will be built around the site. To his knowledge, there was
no access requirement to the well.
The City Attorney asked if there was proof of service on Messrs. I~rovenghi and Waddle
and the Community Development Director replied in the affirmative.
Councilmember Keenan stated, for the record, that he inspected the site and noticed
that the sign that we use for sites that we post for a public hearing, and this was posted.
He did see the sign. It wasn't real easy to read as you drove alongside, but anybody who
lived in the area probably would have noticed the sign and seen that there was going to
be a public hearing on this.
Mr. Weerheim referred to LOt 15 and said there was ownership in that property. Placing a
fence around the site was illegal.
Mr. Gallis said access to the well site is available now through his driveway. There is an old
chain link gate that does allow access presently.
6
CITY COUNCIL MINUTES May 11, 1998
The City Attorney suggested that the conditional use permit be conditioned to make sure
that whatever structures are built are consistent with the ownership interests of the
property.
Mayor Jones asked for assurance that the air conditioning units would not be roof-
mounted. The Community Development Director said that the placement of the air
conditioners must be consistent with the existing zoning.
After some additional comments, Mayor Jones closed the public hearing.
Councilmember Keenan remarked that this project will be a tremendous improvement to
the site.
Responding to Councilmember Carroll, the City Attorney replied that the conditions be
amended to provide that whatever is authorized for the south portion of the property
and abutting LOt 15 are consistent with the requirements of the ownership interests in
that property. The ingress and egress to the property are a question of title.
Referring to the drainage problems on Acacia Drive, Councilmember Carroll asked what
precautions should be taken so the City is not at any risk. The Public Works Director
advised that when the grading plan is reviewed, that is the time when the City makes
sure the situation doesn't become worse.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
adopt the Resolutions by title only, titles as follow, approving Conditional Use Permit NO.
98-7, and Design Review Committee Permit NO. 98-8 and granting Variance No. 98-3, each
subject to conditions of approval as applicable, including the modification that a
condition be added to the conditions of approval that deal with the issue of title and
access, and a condition of approval that the applicant work with the Public Works
Department during construction to mitigate any adverse impacts from the flow of water
off the property.
RESOLUTION NO. 4944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-7 - WITH CONDITIONS.
RESOLUTION NO. 4945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-8 - WITH CONDITIONS.
RESOLUTION NO. 4946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE OF THE CITY OF CYPRESS TO
ALLOW A CIRCULAR DRIVEWAY AT A SINGLE-FAMILY RESIDENCE - VARIANCE NO. 98~3.
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
Mayor Jones welcomed the Criss family to the City of Cypress.
DEFERRED I~USINESS:
CONTINUATION OF LINCOLN AVENUE PROJECT NAME SELECTION: The City Manager asked the
Community Development Director to review the staff report, which indicated that the
city Council had considered a list of 37 proposed project names suggested for the Lincoln
Avenue project. The Council selected five names from the list and directed staff to
prepare and/or receive additional project names for their consideration.
Councilmember Keenan wished to include "Rediscover Lincoln" which he had added at the
last meeting but was not included on the list. He suggested that each Councilmember
select three and then prioritize them.
After each Councilmember had made their selections, the consensus was "Rediscover
Lincoln," which was adopted as the official project name.
CITY COUNCIL MINUTES May 11, 1998
ESTABLISHMENT OF NEW CYPRESS MUNICIPAL CODE FOR REGULATION OF SOLICITATION OF AND
FOR EMPLOYMENT FROM A PUBLIC OR PRIVATE RIGHT-OF-WAY: The City Manager asked Police
Lieutenant Schaefer to summarize the staff report, which presented to the Council for
their consideration a content neutral ordinance. This ordinance would regulate the time,
place and manner of the solicitation of employment and/or business between
pedestrians and occupants of vehicles. Historically, these issues have impacted the safety
of pedestrian and vehicular traffic, increased traffic congestion and restricted the free
flowing pedestrian and vehicular traffic rights-of-way. Additionally, there are a number
of related problems associated with such solicitations that compromise the overall quality
of life in a community.
Councilmember Carroll asked if there were unintended consequences of the ordinance,
such as the prohibition of selling flowers on the street. The City Attorney advised that
was the sale of a good or service, not the solicitation of employment.
Councilmember Keenan commented that he felt it was very important that this issue was
addressed because it was a concern expressed quite some time ago. He asked what
needed to occur before the police can take action. The City Attorney said there are
occasions where there is not a solicitation but a prior history and implied communication
and some discretion would have to be exercised. Lt. Shaefer said the plan is to make
contact with day laborers in other cities so that the problem does not occur in this
community.
Councilmember Bowman said he thought Paragraph K(1) of the ordinance prohibited the
sale of goods and the City Attorney agreed. Councilmember Bowman felt that the selling
of flowers from the median does create a traffic hazard. The unregulated activity on the
streets is unfair to established business.
Councilmember Keenan suggested that this should also include research on resources to
refer people. There is a facility in Anaheim set up to address this problem and possibly it
could be used as a referral source.
Mr. TOm McCarty, Governmental Affairs Consultant, advised that the closest hiring hall
would be Costa Mesa and it has been very effective.
The City Manager noted a correction to the staff recommendation, which added
approving the first reading of the ordinance.
It was moved by Councilmember Keenan and seconded by Councilmember Carroll to
approve the first reading of the Ordinance by title only, title as follows, establishing
Article VIII of Chapter 24 of the Cypress Municipal Code.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ESTABLISHING ARTICLE VIII OF CHAPTER 24 OF THE CYPRESS MUNICIPAL CODE TO BE
ENTITLED, "REGULATION OF SOLICITATIONS OF AND FOR EMPLOYMENT FROM A PUBLIC
OR PRIVATE RIGHT-OF WAY."
The motion unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 31738 - 31944: It was moved
by Councilmember Keenan and seconded by Councilmember Piercy to approve the
Commercial Warrant List for Warrants No. 31738 through 31944 in the amount of
$972,519.05. 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
AUTHORIZE MAYOR TO SIGN LETTERS IN BEHALF OF CITY OF CYPRESS OPPOSING CLOSING OF AIR
TRAFFIC CONTROL TOWER AT THE LOS ALAMITOS ARMED FORCES RESERVE CENTER: The City
Manager reported that on Friday, May 8, Lt. Col. David Appel advised the LOS Alamitos, Seal
Beach and Cypress City Managers that the U.S. Army has proposed not to fund the Air
Traffic Control positions at the Los Alamitos Armed Forces Reserve Center beginning
Federal Fiscal Year 1998-99. It is currently staffed by 14 Air Traffic Controllers who direct
115,000 air operations per year. In addition, 68,000 flights begin or end at this facility.
8
CITY COUNCIL MINUTES May 11, 1998
Councilmember Carroll asked if the letters should be broader, asking the federal
government to finance them.
It was moved by Councilmember Keenan and seconded by Mayor Jones to direct the
Mayor, in behalf of the City Council, to send letters seeking congressional support for
continued federal funding of the subject Air Traffic Control positions. The motion
unanimously carried with the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Pierc¥ and Jones
None
None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex~Officio
Government Board of Directors.
Councilmember Keenan remarked that the Council has adopted the 1998-2005 Capital
Improvement Program for the City of Cypress and the Cypress Recreation and Park
District and one of those items was air conditioning for the Civic Theatre. He asked that
as soon as an agreement with the Anaheim Union High School District is signed, the air
conditioning project be completed as quickly as possible.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. No one spoke.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda.
IVla¥or Jones said that she received a letter about the Castor Family Enterprises in her
Friday package for a meeting that was going to be held on May 7 with the City and the
neighborhood. The Community Development Director explained that it was regarding a
proposed public hearing item, which is a mini-warehouse on Lincoln Avenue. The City
was not part of the meeting.
Councilmember Carroll said that it was evident that some people who wanted to speak
on an agenda item had not seen the plans. He asked if the notice advised the neighbors
that they do have the right to see the plans for a new project. He would like the
language made very explicit that they have the right to review the project plans.
Councilmember Keenan said that he felt the notices were very confusing. He believed
that it would be appropriate that the subject of the public hearing and the applicant's
address be bolded and/or enlarged.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Jones adjourned the meeting at 9:15 p.m. to Tuesday, May 26, 1998
at 5:30 p.m.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
9