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Minutes 90-01-22 1 - Y 3. q~,~ MINUTES OF A REGULAR MEETING OF THE CYPRESS-CITY COUNCIL HELD January 22, 1990 . The Regular Meeting .of the Cypress City Council was called to order at 5:35 p.m. in the City Council Chamber, 5275 Orange Avenue, Cypress, by Mayor Cecilia Age. PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Beardsley and DeCarlo. WORKSHOP SESSION: Discussion re' Sorrento Perimeter Arterial Parkways. The Public Works Director, Robert Beardsley presented a report which outlined the issues and recommendations with final design drawings submitted on the Sorrento Perimeter Arterial Parkways. Councilmember Kanel asked about the condition and status of the trees on the west side of Moody Street and the Public Works Director explained the characteristics of the eucalyptus trees. Councilmember Kerry stated that there are two lanes in each direction now and a left turn lane could be added if Moody is widened, since the right-of-way would be available. The Public Works Director advised that three to five trees would have to be removed to allow for the intersections at each end of the project and the staff recommendation is to remove the existing trees. He also cautioned that if the City takes action to change the design of Moody Street without the County's participation, the Arterial Highway Financing funds could be jeopardized. Mayor Age suggested that the Council vote either to allow the project to proceed per the approved Specific Plan and if that vote fails, then options be discussed. After some discussion and responding to Councilmembers' questions, Mr. Beardsley outlined the width requirements and technical standards for a primary arterial street. He also stated that, in order to provide the minimum improvements, a center divider is needed now and that cannot be accomplished and also save the trees. Councilmember Kanel commented there is a technical problem, it is a dilemma and he personally does not believe that the AHFP would be changed if the street were not widened. In lieu of continuing the discussion regarding various alternatives, it was moved by Mayor Age and seconded by Councilmember Bowman to consider the project as submitted under the approved Specific Plan and, if that vote fails, then options be discussed. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Arnold and seconded by Councilmember Bowman to take no action and allow the project to proceed per the approved Specific Plan. Councilmember Kanel commented, for the record, that he thinks that the Council is moving into this hastily with the destruction of those trees and he is not happy about that. He is going to vote "no" just on the basis that additional investigation be performed on ways to save those trees. Councilmember Arnold remarked that the purpose of her motion was not in any way to be construed as destroying trees. No one on the Council is interested in destroying mature, healthy, well-placed trees and there is afar more important issue to be addressed which is the traffic flow and congestion. 1 City Council Minutes January 22, 1990 2 9 1 Councilmember Kerry stated that it is a question of deliberately destroying the trees, Moody Street is not currently a major arterial, it does not run to Katella, it is being widened for a possible major arterial and widening is not needed at this time. The trees are being destroyed without a complete answer on the issues. Mayor Age commented that with trying to keep Denni closed and with the addition of new homes, we need to look forward, support the free flow of traffic and she will support the motion. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Arnold, Bowman and Age NOES: 2 COUNCILMEMBERS: Kanel and Kerry ABSENT: 0 COUNCILMEMBERS: None Discussion Re: Agreement Between the C.ypress Redevelopment Agency and Cyaress Homes, Inc., Providing for Financing of Certain Improvements Required by the Sorrento Homes Development on the Texaco Tank Farm: The City Manager outlined the key features of the agreement between the Cypress Redevelopment Agency and Cypress Homes, Inc., analyzing and summarizing the issue of financing Cypress Homes project with Redevelopment and Mello-Roos proposals. Ms. Maryanne Goodkind, Bond Counsel with Burke, Williams, Sorenson & Gaar, apologized for the late receipt of the proposed agreements, explained the funding and construction agreement devoted to Mello-Roos and the forthcoming Redevelopment financing agreement funding the storm drain and the perimeter streets. Responding to Councilmember Bowman, Mr. Steve Copenhaver stated the developer would like the Agency to enter into an agreement that would provide S10 million in future tax increment funds and suggested that the Council only agree to assist to the extent of 54.5 million and proceeded to answer several financing questions posed by Councilmembers. Mr. Bill Stuckey, responding to Councilmember Kanel, stated that his purpose in raising red flags was to alert the Council to avoid some of the things that might happen under Mello-Roos funding. Mayor Age suggested that there be another meeting of the Councilmembers to discuss this subject in more detail. Mr. Bill Wren, representing Cypress Homes, Inc., followed the criteria established by the Council in not establishing a tax rate of more than 1.6x although they wanted a 2.0~ because that is what is typical in Orange County now. Mayor Age asked the City Manager to set a convenient date for a workshop session for Councilmembers to further discuss this item. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No communications were presented. CLOSED SESSION: Mayor Age recessed the meeting at 6:50 p.m. for a Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:55 p.m. with all Councilmembers present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry. PRESENTATION: Mayor Age congratulated and presented the Certificate of Appointment to Senior Citizens Commissioner Dorothy Galley. The City Manager recapped the actions taken by the City Council on the 5:30 portion of the Agenda ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. No communications were presented. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 Agenda. None were presented. 2 v ~ - ~ . ~9~ City Council Minutes January 22, 1990 CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS BARGAIN BARN, 5183 LINCOLN AVENUE, CYPRESS: Mayor Age declared the public hearing open. The City Manager presented the staff report dated January 17, 1989 which represented an application for a Special Permit to allow the operation of a secondhand business. Mr. Larry L. Lytch, 3531 Thor, Los Alamitos, the applicant, answered questions from Council. Mayor Age asked if the applicant was in favor of the two conditions imposed by the Planning Department and Mr. Lytch replied in the affirmative. w- No one else wished to speak in support of or opposition to the application. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to close the public hearing and approve the application for Special Permit with conditions. 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 PUBLIC HEARING RE: CONDITIONAL USE__PERMIT N0. 89-32. 142 UNIT HOMEWOOD SUITE EXTENDED STAY HOTEL SOUTHEAST CORNER OF CERRITOS AVENUE AND CAMDEN DRIVE: Mayor Age opened the public hearing. The City Manager requested the Planning Director, Chris Eynon, to present the staff report dated January 2, 1990, which proposed the construction of a 142 unit extended- stay hotel with various amenities provided exclusively for guests. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Mr. Clarence Baveneau, 246 Adkins Street, Shreveport, LA, the architect representing Dimension Development Co., Inc., responded to questions from Council explaining the development plans and stated that the developers were very experienced and successful builders. T Responding to Councilmember Bowman"s question on security, Police Chief Wicker answered that the lighting design for this facility is exemplary. Mayor Age asked if anyone wished to speak in support of or opposition to the application. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated his opposition to the placement of hotels underneath the landing pattern of Los Alamitos Reserve Center and will continually object to it. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 89-32 subject to conditions, adding a condition to have the security system reviewed by the staff. 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 89-33. FOUR UNIT APARTMENT COMPLEX, 8705 LA SALLE STREET: The public hearing was opened by Mayor Age. The Planning-Director summarized the staff report dated January 12, 1990 which represented a request for the construction of a two-story, four-unit apartment complex with detached garages. A communication was received from Aaron Cole who resides at 8672 La Salle Street, objecting to another apartment building because the street was overcrowded and is too narrow, parking is limited and there is inadequate street lighting. The communication suggested the developer find another area in which to build. The Planning Director reported that she and the Public Works Director visited the proposed site in response to Mr. Cole"s letter and the result is revised Condition No. 7. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. 3 s - ~s - . City Council Minutes' ~ January 22, 1990 ~G 9 Mr. Henry Khalili, 4672 Furr Avenue, Seal Beach, volunteered to answer any questions from the Council. Mayor Age asked if anyone in the audience wished to speak.in favor of or against the project. No one wished to do so. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to close the public .hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 89-33, subject to conditions. Councilmember Kerry stated that the project was an excellent one but felt the neighbors had a problem with the congestion. 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 Mayor Age asked the City Manager to prepare a letter for her signature to Mr. Cole informing him of the revision made to the condition in response to his concern. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE N0. 90- 1 ADD APPENDIX I SECTION 21 "COVENANTS FOR EASEMENTS": Mayor Age opened the public hearing and referred to the staff report dated January 17, 1990, which asked for a continuance. It was moved by Councilmember Arnold, seconded by Councilmember Bowman and unanimously carried to continue this item to the Council meeting of February 12, 1990. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 89-31, LIQUOR STORE AND CONVENIENCE MARKET, 5961 CERRITOS AVENUE: The public hearing was opened by Mayor Age who referred to the staff report dated January 12, 1990 in which there was a request for withdrawal from Council consideration. It was moved by Councilmember Kanel, seconded by Councilmember Kerry and unanimously carried to withdraw this request from consideration. CONSIDERATION OF PUBLIC NEARING RE' CONDITIONAL USE PERMIT N0. 89-34 GASOLINE DELIVERIES 24 HOURS PER DAY SEVEN DAYS PER WEEK MOBIL SERVICE STATION, 5972 LINCOLN AVENUE and CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 89-35 GASOLINE DELIVERIES 24 HOURS PER DAY SEVEN DAYS PER WEEK MOBIL SERVICE STATION, 6011 BALL ROAD: Mayor Age opened the hearings. The staff reports both dated January 15, 1990, requested continuance of the items. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to continue these items to the Council meeting of February 12, 1990. 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 The City Attorney reviewed the discussions during closed session on the litigation matter of Gibson vs. the City of Cypress and on an agreement which would resolve certain litigation involving Hollywood Park and he requested another closed session at this time. Councilmember Kanel mentioned that representatives from the Department of ` Agriculture and Department of Health intended to be present this evening to answer questions on the Medfly spraying. RECESS: Mayor Age called for a recess at 8:45 to enter into closed session. The meeting reconvened at 9:10 p.m. with all Councilmembers present. The City Attorney reviewed discussions held during the Closed Session on a kennel and a property that staff believes to be in a state of disrepair. The third item was the agreement signed by Cypress Development and the Concerned Citizens and no changes have been made in the agreement. 4 4ity Council Minutes January 22, 1990 Mayor Age announced that Items No. 4.9 and 50 would be moved forward on the Agenda. CONSIDERATION OF INITIATIVE ORDINANCE MEASURE ON GENERAL PLAN AMENDMENT N0. 89-2 ZONE CHANGE N0. 89-7 AND ADOPTION OF RESOLUTIONS PERTAINING TO CALLING A SPECIAL MUNICIPAL ELECTION ON APRIL 24, 1990: The City Attorney presented the report dated January 12, 1990, which described the race track property, the new owners and certain documents including a Resolution calling a Special Municipal Election, a Resolution authorizing ballot arguments, an Initiative Ordinance and a Resolution requesting assistance from the County of Orange, Registrar of Voters. The City Attorney made corrections to the Initiative Ordinance in C. under Recitals; page 3, Sections IV and VI and explained those corrections. Councilmember Kanel added that counsel has been advising them, discussing the safeguards built into the agreement and they hoped to have the Specific Plan available in the latter part of March, along with the EIR, so it can be disseminated to the citizens and he favored this matter. Councilmember Arnold commented that she agreed with the content of the documents and the agreement but expressed concern about some confusion arising from the matter and wanted the public to understand that they are only voting on a General Plan amendment and the zoning issue. A thorough study and public hearing will be held on the Specific Plan, wanted the facts simply stated so everyone will understand and this matter proceed as properly as possible. Councilmember Kanel asked Mr. Lloyd Arnold of the Los Alamitos Race track if the golf course will remain a public course and Mr. Arnold stated that they plan to have the course a public/semi-public golf course. He also stated they may sell some memberships and give those members designated starting times. Councilmember Kerry suggested that the Councilmembers individually state their position to assure that it does remain a public course because it is a major issue and concern to the citizens. She would attempt to acquire deeper setbacks around the taller buildings. Councilmember Bowman advised that the people he has talked to wanted a golf course and they don't care whether it is public or private. He also advised that the reality is that, at some point in time, it will cost more than 58.00 a round. Councilmember Kanel remarked that it is a great plus that the developers have bought the property, are willing to retain the golf course and have indicated that they wilt be doing remodeling the race course. He stated that the yolf course is important to the people of Cypress. Mayor Age remarked that Mr. Arnold has shown the community his good faith and it is a plus for him and racing. The voters will be voting on the zone change of the 75 acres, place the Specific Plan into the Council's hands where she believed it belonged for a Council decision with public input and public hearings. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to approve the execution of the Agreement on development processing and litigation settlement. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCI)_MEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kanel and seconded by Councilmember Arnold to adopt the Resolution by title only, title as follows, calling a Special Municipal Election for April 24, 1990, on the issue of the Initiative Ordinance, as amended. RESOLUTION N0. 3673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALLING A SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION OF AN INITIATIVE ORDINANCE MEASURE TO A VOTE OF THE PEOPLE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON APRIL 24, 1990. 5 .f City Council Minutes January 22, 1990 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 It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolutions by titles only, titles as follow: 1) authorizing members of the City Council to file ballot arguments and directing the City Attorney to prepare an impartial analysis for the initiative ordinance measure; and 2) requesting assistance from the County of Orange, Registrar of Voters. RESOLUTION N0. 3674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF CYPRESS RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 24, 1990. RESOLUTION N0. 3675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. 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 MEDFLY SPRAYING: Mayor Age stated that she had requested this item be placed on the Agenda for discussion because of the concern of the citizens. She announced that the spraying will take place in part of the City of Cypress on January 25, 1990 at 9:00 p.m. Mr. Frank Parsons, Chief Deputy Agricultural Commissioner for the County of Orange, 1010 South Harbor Blvd., Anaheim, provided an overview of the project, the reasons the County declared a local emergency, when official notification will be delivered to the affected residences and answered questions from Council. He also provided general background information on health studies conducted on Malathion. After a question and answer period, Mayor Age provided telephone numbers for citizens to call for further information. Dr. Tom Prendergast, Director of Epidemiology and Disease Control, 511 North Sycamore, Santa Ana, explained that the major issues in the Medfly spraying are not the health issues. The toxicity of chemicals is a dose-related phenomena and health problems at these concentrations are not a problem. More data will be developed, there appears to be enough in hand that it is not going to be a health problem and it"s not going to make people sick. Councilmember Kanel stated this is an economic issue for the agricultural interests of the state and it appears the public is taking a hit in order to protect an industry. He further stated that it has not been proven that there is no damage to small children, pregnant women and pets who are more susceptible to chemicals. Councilmember Arnold stated that the studies would indicate all of the areas that are of concern have been addressed and no known studies indicate adverse effects with the dosage being used. Responding to Mayor Age, Dr. Prendergast stated that with three week intervals, any residue would certainly be gone by the time anything else is put down. 6 City Council Minutes January 22, 1990 Councilmember Kerry commented that it is imperative that the public be aware of how dangerous medflies are and how they are affecting the agricultural economy of the state. Mr. Bob Edgington, 4007 Via Encinas, Cypress, referred to a copy of the EPA report given to the Department of Agriculture on Malathion spraying, there are data gaps, the effects of the spraying are not known and he questioned the safety of the spraying. Councilmember Kanel recommended that the City of Cypress adopt a resolution similar to the one adopted by the City of Brea regarding Medfly spraying and he so moved. Councilmember Kerry seconded the motion to adopt the Resolution by title only, title as follows, supporting alternate methods of Medfly eradication. RESOLUTION N0. 3676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN SUPPORT OF ALTERNATE METHODS OF ERADICATING THE MEDITERRANEAN FRUIT FLY. Responding to Councilmember Arnold, Mr. Parsons answered that he is not aware of alternate methods. Councilmember Arnold encouraged the state to arrive at a method other than aerial spraying; however, there is no other alternative at this time and will not support the Resolution. Councilmember Bowman stated he would not support the Resolution and believed it contradictory because, at this point, there are no other alternatives. Mayor Age expressed her support of the Resolution because it states concern and asks that alternatives be found. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Kerry and Age NOES: 2 COUNCILMEMBERS: Arnold and Bowman ABSENT: 0 COUNCILMEMBERS: None , CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY'S PLANNING COMMISSION: Councilmember Bowman prefaced his comments with the statement that after he made his presentation, he would make a motion requesting staff to prepare an Ordinance. He then presented his proposal and read an editorial from the News-Enterprise published on April 21, 1988, which also advocated the formation of a Planning Commission. Councilmember Kanel advised that he had been a member of the Planning Commission which was eliminated when Prop 13 was passed and would like to continue this item, making a decision at the next meeting after receiving more input from Councilmember Bowman and Councilmember Bowman concurred. In answer to Councilmember Kanel, the City Attorney responded that the determination of any matter in process would continue with the body with which it began, which would mean the Council would process the Specific Plan. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, commented that the City does not need a Planning Commission, everything they decided was overturned by the Council and was a total waste of money. The Planning staff is fully capable of handling the planning process and he does not want to see a Commission back. Ms. Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, spoke in opposition to the inception of a Planning Commission, asked for the cost of the additional staff member required, felt it was an inefficient procedure and we have been operating with just the City Council for quite some time. Councilmember Bowman suggested, alternatively, that either a Planning Commission be instituted or the City Council start meeting three times a month and he is willing to do that. Once the developer comes before the Council, there is no other appeal and he believed they would rather have the hearing process afforded by a Planning Commission. Councilmember Kanel explained that there are things that a Planning Commission does that never reach the Council except at the appeal level with extra staff time and some extra costs. 7 / . %F City Council Minutes January 22, 1990 9 "r Councilmember Kerry requested some information from surrounding communities to find out what percentage of the issues resolved at the Commission level are being appealed to the Council. The Mayor asked the staff to prepare these numbers for the next meeting and stated that Councilmember Bowman has agreed to continue this item. Councilmember Bowman will prepare a draft Ordinance and provide a copy to all members of the Council, staff and the City Attorney. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to continue this item to the meeting of February 12, 1990. 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 ZONING DETERMINATION REQUEST. RESIDENTIAL ADOLESCENT CARE FACILITY, 8542 SUMNER: Chris Eynon presented the staff report dated December 29, 1989, which represented a request by College Health Enterprises for a zoning determination regarding the proposed operation of a residential adolescent care facility. This is not considered to be a project according to the requirements of the California Environmental Quality Act. Mr. Don Gilligan, 2904 Plaza Leonardo, Bonita, advised that College Health Enterprises is the parent corporation and until recently this site was an adult treatment center which they want to change to an adolescent care facility. He explained that it was his responsibility to follow this request through the regulatory agencies. After some discussion, the Planning Director encouraged Council not to make a decision on the zoning determination just on the information being provided by the applicant even though it is an example of one of the uses. Responding to Councilmember Kerry, Mr. Gilligan answered that many of the facilities requirements were dictated by Community Care Licensing. Councilmember Arnold requested the Planning staff obtain some of the basic criteria for certification of the care f.;cilities for Council"s information and clarification. Councilmember Arnold requested that this matter be determined and then decide upon the conditional use proposal at another meeting. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to continue the zoning determination request to the meeting of February 12, 1990. 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 It was moved by Councilmember Kanel, seconded by Councilmember Kerry and unanimously carried to continue the meeting past 11:30 p.m. CONTINUATION OF CONSIDERATION OF RELEASE OF RESERVED CABLE CHANNEL AS PER FRANCHISE AGREEMENT: The City Manager reported that he has had several meetings with the General Manager of Copley/Colony in which concern was expressed over the existing channels, whether or not they could provide BET - 'and Copley/Colony is now asking the City to release seven reserved cable channels. The City Manager"s concerns were that the reserved channels were originally set aside for institutional/educational use and suggested the matter be referred back to the CATV Commission for their evaluation. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to refer this item to the CATV Commission for their evaluation and recommendation to the 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 8 -.1~.~<? 2 9 ~ Januar 22, 1990 City Council Minutes y CONTINUATION OF CONSIDERATION OF REQUEST FOR PROPOSAL TO PREPARE FOR THE CITY OF CYPRESS AN UPDATE TO THE EXISTING SIGN ORDINANCE: The Planning Director summarized the staff report dated January 15, 1990 which indicated a draft copy of the request for proposal has been provided Council prior to the completion of the in-house review. It was moved by Councilmember Arnold, seconded by Councilmember Bowman and unanimously carried to approve the Request for Proposal and authorize the Administrative Coordinating Team to recruit for a consultant team to update the Cypress Sign Ordinance. CONTINUATION OF CONSIDERATION OF THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA: The City Manager called upon Planning Director Eynon to present the staff report dated January 10, 1990, which indicated that, at the Council"s request, the staff spoke with the office managers of each motel within the Lincoln Avenue Project Area. Every effort has been made by staff to interest people in participating on this committee. It was moved by Councilmember Kanel, seconded by Councilmember Kerry and unanimously carried to receive and file the report. CONSIDERATION OF DESIGN REVIEW COMMITTEE N0. 89-36 SECOND SINGLE FAMILY DWELLING 5542 VONNIE LANE, _CYPRESS: The Planning Director reviewed the staff report dated January 12, 1990, which represented a request to construct a second single-family dwelling in addition to an existing single family dwelling at 5542 Vonnie Lane. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to receive and file the Class 3 Categorical Exemption in accordance with the requirements of the California Environmental Quality Act and the Design Review Committee No. 89-36, subject to conditions. 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 N0. 89-38 THREE-STORY OFFICE BUILDING. CORNER OF CORPORATE AVENUE AND VALLEY VIEW STREET: Chris Eynon reviewed the staff report dated January 5, 1990 which described a request to construct a three story office building at the corner of Corporate Avenue and Valley View Street. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and receive and file Design Review Committee No. 89-30, subject to conditions. The motion 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 DESIGNATION OF PLANNING DIRECTOR AND/OR CITY MANAGER AS OFFICIAL AUTHORIZED TO REQUEST SHORTENED REVIEW PERIOD FOR ENVIRONMENTAL DOCUMENTS FROM THE OFFICE OF PLANNING AND RESEARCH PURSUANT TO PUBLIC RESOURCES CODE SECTION 21091(b)(3): The City Manager explained that this Resolution would authorize the City Manager and/or the Planning Director to make a request for a shortened review period. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to adopt the Resolution by title only, title as follows, designating the Planning Director and/or the City Manager to request shortened review periods for environmental documents. RESOLUTION N0. 3677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING THE PLANNING DIRECTOR AND/OR THE CITY MANAGER TO BE THE DESIGNATED OFFICIAL 9 ~ . ~ °-f'f~,..~ .g~ p' City Council Minutes January 22, 1990 PURSUANT TO PUBLIC RESOURCES CODE SECTION 21091(D)(3) FOR THE PURPOSE OF REQUESTING A SHORTENED REVIEW PERIOD FOR ENVIRONMENTAL DOCUMENTS. 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 WARRANTS LIST FOR WARRANTS N0. 37026 - 37282: It was moved by Councilmember Kanel and seconded by Councilmember Bowman to approve the Warrants No. 37026 through 37282 in the amount of 5663,664.44. 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 recessed the meeting at 12:00 a.m, to enable the Council to act as the Cypress Redevelopment Agency. The City Council meeting reconvened at 12:05 a.m. with all Councilmembers present. CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF PLAYGROUND SHEDS AND ALLOCATION AND APPROPRIATIONS OF FUNDS FROM THE GENERAL FUND: The Recreation and Park Director summarized the staff report dated January 12, 1990, which indicated two bids had been received to replace equipment sheds deemed unsafe due to age and weather damage. It was moved by Councilmember Kanel and seconded by Councilmember Bowman that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District 1) accept bid package #89990-16 with Capitol Enterprises as low bidder; 2) appropriate 51,180.89 from the District's general fund for the purchase of playground shed equipment requested from Capitol Enterprises, 2718 East Huntington Drive, Duarte, CA 91010; and 3) authorize the purchase of such equipment for 511,080.83. 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 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. The City Manager mentioned the correction on Item No. 12 wherein the amount should read 53,050.20 instead of 530,502.00. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to approve the Consent Calendar Items No. 2 through 23. 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 Item #2: Motion to Approve City Council Minutes of the Regular Meeting of January 8, 1990. Recommendation: That the City Council approve the Minutes of January 8, 1990, as submitted. Item #3: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #4: Consideration of Taxicab Rate Increase Submitted by the West Coast Transportation Network, Inc. 10 ~ City Council Minutes January 22, 1990 Recommendation: That the City Council concur with the rate increase as outlined in the report and authorize~an amendment to the non-exclusive Taxicab Franchise awarded to the West Coast Transportation Network, Inc. Item #5: Consideration of Monthly Investment Program for the Month of December 1989. Recommendation: Receive and file. Item #6: Consideration of Resolutions Commending Eagle Scouts Matthew William Richins and Eric Johnson. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, commending Eagle Scouts Matthew William Richins and Eric Johnson. RESOLUTION N0. 3678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT MATTHEW WILLIAM RICHINS ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION N0. 3679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT ERIC JOHNSON ON ACHIEVING THE RANK OF EAGLE SCOUT. Item #7: Consideration of Purchase of a Table at the Cypress College 1990 Americana Awards Dinner. Recommendation: That the City Council authorize the purchase of a table of 10 at X125/person at the Cypress College 1990 Americana Awards Dinner to be held on February 24, 1990. Item #8: Consideration of Applications for Street Rehabilitation Grant Pro'ects Under the Orange County Unified Transportation Trust (OCUTT) Fund J f C ress Pro'ect Nos. 9102 and 9104. Pro ram Cit o ~ 9 y yP '~i Recommendation: That the City Council adopt the Resolution by title only, r title as follows, approving the City"s applications for street rehabilitation grant projects under the Orange County Unified Transportation Trust (OCUTT) Fund Program, in the amount of 5334,000.00, as outlined in the report. RESOLUTION NO. 3680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND PROGRAM THE IMPROVEMENT OF CRESCENT AVENUE AND ORANGE AVENUE. Item #9: Consideration of Adoption of an Ordinance Regulating Lotline Adjustments. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, amending Section 25-18 "Lotline Adjustments" of the Code of the City of Cypress to conform with the State Law. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 25-18, "LOTLINE ADJUSTMENTS" OF THE CODE OF THE CITY OF CYPRESS TO CONFORM THE CITY CODE WITH STATE LAW. Item #10: Continuation of Consideration of Adoption of an Ordinance Regulating the Storage of Building and Construction Materials. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, enacting Article VII, "Building and Construction Materials Storage" to Chapter 5, Sections 5-30 and 5-31 of the Code of the City of Cypress and amending Section 13-14 to include Building and Construction Materials Storage within the definition of a Nuisance. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENACTING ARTICLE VII, "BUILDING AND CONSTRUCTION P~ATERIALS STORAGE" TO CHAPTER 5, SECTIONS 5-30 AND 5-31 OF THE CODE OF THE CITY OF CYPRESS AND AMENDING 11 City Counci 1 -Minutes January 22, 1990 ~r" " 301 SECTION 13-14 TO INCLUDE BUILDING AND CONSTRUCTION MATERIALS STORAGE ~k`~ WITHIN THE DEFINITION OF A NUISANCE. Item #11: Continuation of Consideration of Removal of Street Trees and Repair of Concrete on City Streets, Public Works Project No. 8955. Recommendation: Receive and file. Item #12: Consideration of Acceptance for the Rehabilitation of Council Chamber Doors, Public Works Project No. 8928. Recommendation: That the City Council: 1) Accept the Rehabilitation of the ` Council Chamber Doors, Public Works Project No. 8928, as being satisfactorily completed; 2) Authorize the transfer of 52,272.00 from the fund balance of the General Fund to Account No. 4187-11-476-24; 3) Authorize-the final payment to CMD Corporation in the amount of 53,502.00; and 4) Authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of the one year guarantee, providing no defects in material and workmanship become evident. Item #13: Consideration of Acceptance of Final Tract Map No. 13985 (Crescent Avenue, North Side, East of Denni Street). Recommendation: That the City Council approve Final Tract Map No. 13985 and accept the bond for public improvements in the amount of 553,200.00, which is not less than 50x nor more than 100x of the value of the total improvements and authorize the City Clerk to sign the Record Map. Item #14: Consideration of Approval of 15th Year Community Development Block Grant (CDBG) Contract Regarding Public Facilities and Improvements, Watson Street. Recommendation: That the City Council approve Contract No. C40792 as submitted and authorize the Mayor to execute the Agreement on behalf of the City Council of the City of Cypress. Item #15: Consideration of Approval of 15th Year Community Development Block Grant (CDBG) Contract Regarding Rehabilitation of Private Properties. Recommendation: That the City Council approve Contract No. C40875 as submitted and authorize the Mayor to execute the Agreement on behalf of the City Council of the City of Cypress. Item #16: Consideration of Approval of 15th Year Community Development Block Grant (CDBG) Contract Regarding Reconstruction of the Cypress Senior Citizens Center. Recommendation: That the City Council approve Contract No. C40793 as submitted and authorize the Mayor to execute the Agreement on behalf of the City Council of the City of Cypress. Item #17: Consideration of Employee Assistance Program Contract Renewal. Recommendation: that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, authorize staff to renew the contract with O.C.E.A.N. to continue to provide City and District employees with an Employee Assistance Program. Item #18: Consideration of Orange County Employment Relations Consortium Contract Renewal. Recommendation: That the City Council approve the City"s membership in the Orange County Employment Relations Consortium and authorize the Assistant to the City Manager to execute the Agreement for Special Services with Liebert, Cassidy and Frierson in the amount of 51,510.00. Item #19: Consideration of Resolution Commending Former Finance Director, Lawrence D. Hurst. Recommendation: That the City Council adopt the Resolution of Commendation for former City of Cypress" Finance Director Lawrence D. Hurst. 12 ' ~fl ~ity Council Minutes January 22, 1990 RESOLUTION N0. 3681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. LAWRENCE D. HURST FOR HIS OUTSTANDING SERVICE TO THE CITY OF CYPRESS. Item #20: Consideration of an Application for Alcoholic Beverage License Filed by Nghia & Phuong Nhu Tran Chau, D.B.A. Cedar Market, 6155 Ball Road, Cypress. ' Recommendation; Receive and file. Item #21; Consideration of an Application for Alcoholic Beverage License Transfer Filed by Armanouhi, Jirair and Sarkis Tataroghli, D.B.A. ARCO AM/PM, 5012 Nest Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #22: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Jung Wung & Bang Kyun Kim, D.B.A. Perry's Pizza, 9515 Valley View Street, Cypress. Recommendation: Receive and file. Item #23: Consideration of Design Review Committee's Approve of DRC #90-2. Recommendation; Receive and file. 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 89-24. RESOLUTION N0. 3682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 89-24 - WITH CONDITIONS (12 UNIT CONDOMINIUM COMPLEX, 5322-5332 BISHOP). 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 It was moved by Councilmember Bowman and seconded by Councilmember Kanel to adopt the Resolution by title only, title as follows, approving Tentative Tract Map No. 14107. RESOLUTION N0. 3683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP N0. 14107 - WITH CONDITIONS (DIVIDE TO PARCELS INTO ONE, 5322 AND 5332 BISHOP STREET). 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 Councilmember Bowman mentioned he had voted "no" previously on the following resolution; however, he explained that he was not against the permit, he was voting "no" because of the restrictive conditions and would vote "yes" this time. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows approving the renewal and modification of CUP 88-31. 13 / y~. 30~ City Council Minutes January 22, 1990 RESOLUTION N0. 3684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE RENEWAL AND MODIFICATION OF CONDITIONAL USE PERMIT N0. 88-31 - WITH CONDITIONS (WESTERN VIDEO ARCADE, 9111 VALLEY VIEW STREET). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age ` NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kanel and seconded by Councilmember Arnold to adopt the Resolution by title only, title as follows, approving tentative Parcel Map No. 89-363. RESOLUTION NO. 3685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP N0. 89-363 - WITH CONDITIONS (SUBDIVIDE ONE PARCEL INTO TWO FOR THE DEVELOPMENT OF RESTAURANT USES, N/W VALLEY VIEW AND KATELLA). 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 It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP 89-18. RESOLUTION N0. 3686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 89-18 - WITH CONDITIONS (EL TORITO MEXICAN RESTAURANT W/SALE OF GENERAL ALCOHOL, N/W VALLEY VIEW AND KATELLA). 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 It was moved by Councilmember Arnold and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP 89-29. RESOLUTION N0. 3687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 89-29 - WITH CONDITIONS (DRIVE-THRU FAST F000 RESTAlRANT AND AUTOMOTIVE QUICK-CUBE FACILITY, 5894 LINCOLN). 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 It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, granting Variance 89-20. RESOLUTION N0. 3688 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 THE INSTALLATION OF A 3" WIDE, INSTEAD OF THE MINIMUM REQUIRED 5" WIDE LANDSCAPE CURB ALONG THE WESTERN DRIVEWAY OF THE PROJECT SITE - VARIANCE NO. 89-20 (5894 LINCOLN AVENUE). 14 3~4 'M - `y' -0~ City Council Minutes January 22, 1990 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 It was moved by Councilmember Kerry and seconded by Councilmember Kanel to order the following Ordinances read by title only, titles as follow, and to adopt the Ordinances adopting various building codes and certain .amendments thereto: ~ ORDINANCE N0. 838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM BUILDING CODE, THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE, THE 198 EDITION OF THE UNIFORM HOUSING CODE, THE 1988 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1988 EDITION OF THE ADMINISTRATIVE CODE AND THE 1988 EDITION OF THE UNIFORM BUILDING CODE STANDARDS. ORDINANCE N0. 839 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODE5 WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, THE 1988 EDITION OF THE UNIFORM SWIMMING POOL CODE, THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS. ORDINANCE N0. 840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 5-3 AND 5-4 TO CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM FIRE CODE AND THE 1988 EDITION OF THE UNIFORM : FIRE CODE STANDARDS. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Bowman mentioned to the Police Chief that he had received some complaints about big rigs being parked on the north side of Cerritos Avenue, west of Denni Street, for extended periods of time. The Public Works Director advised that this item was discussed by the Traffic Commission and they did adopt "No Parking" along that portion of Cerritos Avenue because of the truck parking. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented ADJOURNMENT: Mayor Age adjourned the meeting at 12:15 a.m. d.t.. Y OF THE CITY OF C P SS ATTEST: ~ CITY CLER OF TH CITY CYPRESS 15