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Minutes 89-11-27 / 2~2 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 27, 1989 The Regular Meeting of the Cypress City Council was called to order at 5:38 p.m. in the City Council Chamber, 5275 Orange Avenue, Cypress. PRESENT: Councilmembers Age, Bowman, Kanel, Kerry and Arnold ABSENT: None Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney Lois Bobak and staff members Hurst and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No communications were presented. 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. Regarding Item No. 4, Consideration of Revisions to the City Code Relative to Misdemeanor and Infraction Violations, Councilmember Bowman questioned whether the amended Section IV, Section 8 A-10 "Punishment of Violations" eliminated subparagraphs (b) and (c) of the current code. The Acting City Attorney stated that this was only an amendment to subparagraph (a) and is designed so that all of the penalty provisions throughout the code are the same. She advised that to avoid any confusion, she would note that the intent was not to eliminate subparagraphs (b) and (c) of this section. It was moved by Councilmember Kanel and seconded by Councilmember Age to approve the Consent Calendar Items No. 1 through 7. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item #1: Motion to approve City Council Minutes of the Regular Meeting of November 13, 1989. Recommendation: That the City Council approve the Minutes of November 13, 1989, as submitted. Item #2: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title only and to Waive Further Reading. Item #3: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Felvitta Q. & Miguel 0. Calizo, D.B.A. Omega Liquor, 4346 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #4: Consideration of Revisions to the City Code Relative to Misdemeanor and Infraction Violations. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, amending Section 1-7 of the Cypress City Code relative to penalties for misdemeanor and infraction violations. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 1-7, "GENERAL PENALTY; CONTINUING VIOLATIONS," OF THE CODE OF THE CITY OF CYPRESS AND RELATED PENALTY PROVISIONS TO CONFORM TO STATE LAW. 1 24~ City Council Minutes November 27, 1989 Item ~5: Consideration of Designating Portions of Belmont Street, Grace Avenue, and Crescent Avenue as County Streets for Purposes of Public Improvement, Public Works Department File No. 8861. Recommendation: That the City Council adopt the Resolution by title only, title as follows, relinquishing control of portions of Belmont Street, Grace Avenue, and Crescent Avenue to the County of Orange for construction purposes. RESOLUTION N0. 3650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELINQUISHING CONTROL OF PORTIONS OF BELMONT STREET, GRACE AVENUE, AND CRESCENT AVENUE „ TO THE COUNTY OF ORANGE FOR CONSTRUCTION PURPOSES. Item #6: Consideration of Monthly Investment Program for the Month of October 1989. Recommendation: Receive and file. Item #7: Consideration of Additional Appropriation of 1988-89 Encumbrances and Capital Project - City. Recommendation: That the City Council authorize: 1) An appropriation of 5367,024 from the unreserved fund balance of the General Fund to the following accounts: 4111-11-214-08 3 18,163 Traffic Signs 4186-11-450-21 348,861 Valley View Improvement 2) An appropriation of 546,955 from the unreserved fund balance of the Redevelopment Fund to the following account: 4189-35-194-06 S 46,955 Other Professional Services END OF CONSENT CALENDAR ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Kanel and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving CUP No. 89-25, with conditions. RESOLUTION N0. 3651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 89-25 - WITH CONDITIONS. (THAI RESTAURANT, 4453 AND 4455 CERRITOS AVENUE) The motion unanimously carried by the following roll call votes: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Arnold recessed the meeting at 5:43 p.m. for a Closed Session to discuss matters of personnel and/or litigation. The meeting was reconvened at 7:30 p.m. with all Councilmembers present and staff members Beardsley, DeCarlo, Eynon, Leonard, Hurst and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman. The City Manager summarized the actions of the City Council taken during the 5:30 p.m. portion of the Agenda. The Acting City Attorney advised that, in Closed Session, the City Council considered two pending litigation actions, Hollywood Park vs. the City of Cypress and the City of Cypress vs. D'Agostino, et al. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. No one wished to address the Council. 2 2~4 City Council Minutes November 27, 1989 ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished clarification. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE• REDUCTION IN REQUIRED PARKING - MODIFICATION TO CONDITIONAL USE PERMIT N0. 86-35 VARIANCE N0. 89- 17 - RAMADA INN, 5865 KATELLA AVENUE: Mayor Arnold declared the public hearing open. The Planning Director reviewed the staff report dated November 3, 1989, which represented the results of a parking study conducted to determine parking needs for the Ramada Inn Hotel based upon actual usage of the total facility. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of this public hearing were posted, published and mailed to the property owners within a 300-foot radius of the subject property. No one wished to speak in support of or opposition to the request for a variance. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to close the public hearing, certify the Negative Declaration as prepared according to the requirements of the California Environmental Quality Act and approve Variance No. 89-17, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 89-24. 12-UNIT CONDOMINIUM COMPLEX 5322 AND 5332 BISHOP: Mayor Arnold opened the public hearing and referred to the staff report dated November 16, 1989 which requested a continuance. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue this item to the meeting of December 11, 1989. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE TRACT MAP NO 14107 CREATE A SINGLE 12-UNIT CONDOMINIUM LOT FROM TWO EXISTING LOTS 5322 AND 5332 BISHOP: Mayor Arnold opened the public hearing and referred to the staff report dated November 16, 1989, which requested a continuance. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to continue this item to the Council meeting of December 11, 1989. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 89-23 SEVEN APARTMENT UNITS, INCLUDING ONE DENSITY BONUS UNIT 9562 WALKER STREET: The public hearing was opened by Mayor Arnold. The Planning Director briefly reviewed the staff report dated November 17, 1989, which represented a request to develop seven apartment units, including one density bonus unit at 9562 Walker Street. According to the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius. The applicant, Mr. Tom Gausepohl, 1171 Via Estrellada, Fallbrook, mentioned that he has several projects in the Cypress/Lakewood area and hoped the Council would approve this application. Mayor Arnold asked if anyone else wished to speak in support of or opposition to the request. No one did so. It was moved by Councilmember Age and seconded by Councilmember Bowman to close the public hearing, certify the Negative Declaration according to the 3 24 5 City Council Minutes November 27, 1989 requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 89-23, subject to conditions. Councilmember Kerry stated that having less than two parking spaces available per unit is not acceptable and she would not support the application. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kanel and Arnold NOES: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: FEDERAL HOUSING ANO COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - 16TH YEAR: Mayor Arnold opened the public hearing. The Planning Director addressed the staff report dated November 17, 1989, which indicated that the City of Cypress has participated in the Federal Housing and Community Development Block Grant Program to obtain funds for public facilities and improvements and housing rehabilitation. The City is now in the process of filing with the County for 16 year grant funds. The City Manager advised that the TEAM had also reviewed the application and the recommendations are a result of the total staff review. No one wished to speak against or on behalf of the application. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to close the public hearing, adopt the Resolution by title only, title as follows, approving the City's participation in the 16th Year Housing and Community Development Block Grant Program with the County of Orange and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. Councilmember Kanel commented that these funds are utilized for certain projects that help cities such as Cypress. It is a sharing of money sent by cities to the Federal Government and some of those monies are returned to the community in this fashion. RESOLUTION N0. 3652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S PARTICIPATION IN THE 16TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 89-27, TWO- STORY 25,000 SQ. FT. CHURCH, KOREAN COMMUNITY CHURCH, 5900 BALL ROAD: The public hearing was declared open by Mayor Arnold, who referred to the staff report dated November 21, 1989, which requested a continuance. It was moved by Councilmember Bowman and seconded by Councilmember Age to continue this item to the meeting of December 11, 1989. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT AUGMENTATION FUNDS: Mayor Arnold opened the public hearing. The City Manager briefly reviewed the staff report dated November 20, 1989, which referred to the allocation of special district allocation monies between the Cypress Recreation and Park District and the Cypress Street Lighting District No. 2. Mayor Arnold asked if anyone wished to speak in support or opposition to the request and no one wished to do so. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to close the public hearing, adopt the Resolution by title only, title as follows, allocating the Special District Augmentation Funds. 4 2 4 City Council Minutes November 27, 1989 RESOLUTION N0. 3653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOCATING SPECIAL DISTRICT AUGMENTATION FUND. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF REPORT FROM THE CYPRESS CHAMBER OF COMMERCE REGARDING THE CITY OF CYPRESS SIGN ORDINANCE: Councilmember Kanel stated he believed there was more concern about the signage on the retail level rather than that on the larger structures. He asked if the Planning Department could perform the sign study, is a workshop necessary and is there such a problem that an outside organization is required to make the study and the recommendations. The Planning Director advised that the sign ordinance be updated because of discrepancies in interpretation and recommended that the City obtain bids. Councilmember Kanel suggested an action be taken to instruct staff to begin the process and return to Council the second meeting in January with a draft proposal for Council approval. Mayor Arnold agreed that signage was a major concern throughout the City and would be in favor of having the staff compile a request for proposal, returning to Council in January. After further discussion, Councilmember Age stated she has noticed more and more banners and signs on the parkways and she concurred with Councilmember Kanel's suggestion. It was moved by Councilmember Kanel and seconded by Councilmember Age to instruct the staff to begin compiling a draft proposal for a sign study, including some cost factors, to be presented to Council at the January 22, 1989 meeting. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kanel, Kerry and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CITY COUNCIL REORGANIZATION: Mayor Arnold referred to the staff report dated November 20, 1989, which announced that the City Council, by an affirmative vote of not less than three, shall elect one of its members as Mayor and one of its members as Mayor Pro Tem at the meeting of November 27, 1989. The City Clerk declared the positions of Mayor and Mayor Pro Tem vacant based on the City Charter which requires a reorganization at this time. Councilmember Bowman nominated Councilmember Cecilia Age for Mayor. A motion was made by Councilmember Kanel and seconded by Councilmember Arnold to close the nominations and hearing no objections, the City Clerk declared the nominations closed. The nomination carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Bowman and Kanel NOES: I COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None Councilmember Age assumed the seat as Mayor. Councilmember Kerry expressed her pleasure that the position of Mayor was being rotated; however, she felt that the choice offered was disappointing but was to be expected in view of the three block vote on the Council. She regretted the continued lack of understanding of the sentiments in the community. Mayor Age stated that she was very pleased to be elected Mayor of Cypress and believed that it was time to join hands and work together. She then called for nominations for the office of Mayor Pro Tem. Councilmember Arnold nominated Councilmember Bowman. At this time, Councilmember Kanel requested a two minute recess. RECESS: Mayor Age called a recess at 8:18 p.m. and reconvened the meeting at 8:24 p.m. with all Councilmembers present. Councilmember Bowman declined the nomination and, in turn, nominated Councilmember Kanel for the office of Mayor Pro Tem. It was moved by Councilmember Bowman to close the nominations and hearing no objection, Mayor Age declared the nominations closed. The nomination carried by the following roll call vote: 5 City Council Minutes November 27, 1989 ~ 4 AYES: 4 COUNCILMEMBERS: Age, Bowman, Kanel and Kerry NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPEAL OF DESIGN REVIEW COMMITTEE i~89-34, ADDITION OF TIME/TEMPERATURE UNITS TO EXISTING MONUMENT SIGNS. 6012 CERRITOS AVENUE: The Planning Director summarized the staff report dated November 20, 1989, which revealed that the applicant is appealing staff's denial of their request for addition of time/temperature units to the existing monument signs. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to deny without prejudice the appeal of the Design Review Committee No. 89-34 determination regarding the addition of time/temperature units to the existing monument signs at the Cypress Commercial Center. Councilmember Arnold clarified her motion by referring to the sign study that will be undertaken and how those results might permit a change at a later date. Councilmember Kanel mentioned that he believed the proposed sign to be too large for that center. Mr. Jack Carp, 108 West Walnut, Suite 200, Gardena, stated that he appreciated the sign concerns of the Council but believed they should take into consideration the vacancy factor in the center. Rent is not being generated but there are expenses to maintain the property, the currents tenants are complaining because of the lack of visibility and he asked Council to grant the appeal. After some discussion, Councilmember Kerry expressed her support of the denial of the appeal until the results of the sign study are available. She stated that signage in the entire City must be reviewed, not just at one center. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE X89-30, FIVE-STORY OFFICE BUILDING HT THE CORNER OF DOUGLAS DRIVE AND PLAZA DRIVE: Mayor Age referred to the staff report dated November 16, 1989, which requested a continuance. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to continue this item to the meeting of December 11, 1989. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ORDINANCE AMENDING SECTION 2-3.3 OF THE CYPRESS CITY CODE ADJUSTING COUNCIL'S COMPENSATION AS AUTHORIZED BY STATE LAW: The City Manager presented the staff report dated November 20, 1989, which referred to a memorandum from the City Attorney addressing the adjustment of the Council's compensation in accordance with State Law. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the first reading of the Ordinance by title only, title as follows, amending Section 2-3.3 of the Cypress City Code adjusting Council's compensation as authorized by State Law. Councilmember Kerry advised that the increase amounted to an additional 521.00 per month per Councilmember. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-3.3 OF THE CODE OF THE CITY OF CYPRESS ADJUSTING COUNCIL COMPENSATION BY 5% AS AUTHORIZED BY STATE LAW. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 6 l ; City Council Minutes November 27 1989 CONSIDERATION OF DESIGN REVIEW COMMITTEE /I89-35 CONVERSION OF EXISTING FUDDRUCKERS RESTAURANT TO AN OLIVE GARDEN RESTAURANT 6874 KATELLA AVENUE: The Planning Director reviewed the staff report dated November 20, 1989, which represented a request to establish a full service Italian restaurant at the former Fuddruckers site within the Cypress Fashion Plaza and the transfer of a general alcohol license. In accordance with the requirements of the California Environmental Quality Act, this project includes only tenant improvements and is a Class One Categorical Exemption. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to receive and file staff's approval of Design Review Committee No. 89-35, subject to conditions. Mr. Richard Stacy, 6770 Lake Eleanor Drive, Orlando, Florida, representing General Mills Restaurants, stated he has read the staff report, agreed with all the continents and conditions outlined and volunteered to answer any questions from Council. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO 36065 - 36322: It was moved by Councilmember Kanel and seconded by Councilmember Bowman to approve the Warrant List for Warrants No. 36065 through 36322, in the amount of 5726,924.63. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES; 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None C~rpress Recreation & Park District: CONSIDERATION OF APPLICATION FOR TREE CITY. USA: The Recreation and Park Director summarized the staff report dated November 20, 1989, with a request from the Recreation and Community Services Commission for the City Council's approval of a recommendation that the City of Cypress apply to be designated as a Tree City, USA. It was moved by Councilmember Kanel and seconded by Councilmember Kerry that the City Council, acting as ex officio governing Board of Directors for the Cypress Recreation and Park District, direct staff to proceed with an application to designate Cypress as a Tree City, USA, and to appoint an interim City Tree Committee. Councilmember Kerry asked that this item be placed on the Agenda in 90 days. Councilmember Kanel agreed to amend his motion and Councilmember Kerry concurred. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Age called a recess at 9:00 p.m. to allow Council to act as the Cypress Redevelopment Agency. The City Council meeting reconvened at 9:02 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to address the Council. 7 24c City Council Minutes November 27, 1989. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age ad3ourned the meeting at 9:02 p.m. to Monday, December 11, 1989 at 4:30 p.m. OF THE CITY OF CYPRE ATTEST: F CIT R F H CITY F CYPRESS 8