Minutes 90-03-26
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MINUTES OF A~REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
March 26, 1990
The Regular Meeting of the Cypress City Council was called to order at 5:45
p.m., Monday, March 26, 1990, in the City Council Chamber, 5275 Orange Avenue,
Cypress, by Mayor Pro Tem John Kanel.
PRESENT: Councilmembers Arnold, Bowman, Kerry and Kanel
ABSENT: Mayor Age
Mayor Pro Tem Kanel commented that Mayor Age was absent from the meeting
because of business reasons.
Also present were Public Works Director Robert Beardsley as Acting City
Manager, City Attorney Jerry Patterson and staff members Eynon, Hill and
Wicker.
ORAL COMMUNICATIONS: No one wished to address the Council.
CONSIDERATION OF AWARD OF CONTRACT FOR EIGHT (81 CONCRETE WASTE CONTAINERS.
REQUEST FOR QUOTATION #8990-23: Two complete bids were .received by the
Purchasing Officer for eight formed concrete waste containers.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
accept the bid received from Quick Crete Products, P.O. Box 639, Norco, CA
91760 and award the contract for the purchase of eight (8) each concrete waste
containers to this company in the amount of 53,278,88. The motion unanimously
carried by the following roll-call vote:.
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None `
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR D.A.R.E. T-SHIRTS: Two bids were
received for the purchase of 1,000 black D.A.R.E. T-Shirts of varying sizes,
with red and white lettering.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
authorize the purchase of 1,000 D.A.R.E. T-Shirts for 1990 D.A.R.E. students,
from account number 4104-11-174-05, from Olympic Creations, 316 Cherry Avenue,
Brea, CA 92621. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
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 Kerry asked that Item No. 5, Consideration of Proclaiming April
1990, "Earthquake Preparedness Month" be removed for discussion. Acting City
Manager Beardsley recommended Item No. 14, "Consideration of Acceptance of
Final Tract Map No. 14128 - 4762 Crescent Avenue, South Side, East of Sumner"
be continued to the City Council meeting of April 9, 1990.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve Consent Calendar Items No. 3 through 21 with the exception of Item No.
5 and the change of recommendation on Item No. 14. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
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City Council Minutes March 26, 1990
Item #3: Motion to Approve City Council Minutes of the Regular Meeting of
March 12, 1990.
Recommendation: That the City Council approve the Minutes of the Regular
Meeting of March 12, 1990, as submitted, with Council Member Arnold abstaining
due to her absence at the meeting.
Item #4: Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and to Waive Further Reading.
Item #6: Consideration of Proclaiming April 1990, as "Fair Housing Month".
Recommendation: That the Mayor and City Council officially proclaim the month
of April 1990, as "Fair Housing Month" in the City of Cypress as requested.
Item #7: Consideration of Proclaiming the Week of April 8-14, 1990, as
"Telecommunicators Week".
Recommendation: That the Mayor and City Council officially proclaim April 8-
14, 1990, as "Telecommunicators Week" in the City of Cypress.
Item #8: Consideration of Proclaiming April 1990, as "Child Abuse Prevention
Month."
Recommendation: That the Mayor and City Council officially proclaim April
1990, as "Child Abuse Prevention Month" in the City of Cypress.
Item #9: Consideration of Proclaiming April 22, 1990, as "Earth Day 1990".
Recommendation: That the Mayor and City Council officially proclaim April 22,
1990, as "Earth Day 1990" in the City of Cypress as requested.
Item #10: Consideration of Resolution Commending Nancy Jean Leonard,
Assistant to the City Manager/Employee Relations.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Nancy Jean Leonard, Assistant to the City
Manager/Employee Relations.
RESOLUTION N0. 3712
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING NANCY
JEAN LEONARD FOR HER SERVICE TO THE CITY OF CYPRESS.
Item #11: Consideration of Resolution Establishing Voting Precincts and
Polling Places, Appointing Precinct Board Members and Fixing Compensation for
the Special Municipal Election on April 24, 1990.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, establishing the voting precincts and polling places,
appointing and fixing compensation for the Precinct Board Members for the
April 24, 1990 Special Municipal Election.
RESOLUTION NG. 3713
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT
BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL MUNICIPAL ELECTION
ON TUESDAY, APRIL 24, 1990, CALLED BY RESOLUTION N0. 3673 OF THE CITY
COUNCIL.
Item #12: Consideration of Monthly Investment Program for the Month of
February 1990.
Recommendation: Receive and file.
Item #13: Consideration of the Assistant City Manager"s Attendance at the
Public Risk Management Association (PRIMA) 11th Annual Conference for Public
Agencies.
Recommendation: That the City Council authorize the attendance of David
Barrett, Assistant City Manager, to PRIMA's 11th Annual Conference for Public
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City Council Minutes March 26, 1990
Agencies to be held on June 10-13, 1990, in Reno, Nevada, and be reimbursed
for all actual and necessary expenses incurred.
Item #14: Consideration of Acceptance of Final Tract Map No. 14128 --4762
Crescent Avenue, South Side, East of Sumner.
Recommendation: That the City Council continue this item to the meeting of
April 9, 1990..
Item #15: Consideration of Request for 1990/91 SB 821 Funds for Handicapped
Access Ramps at Various Locations, Public Works Project No. 9006.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, authorizing submittal of a request to the Orange County
Transportation Commission for funding of a handicapped access ramps pro3ect
under the 1990/91 SB 821 Program.
RESOLUTION N0. 3714
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND
APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.
Item #16: Consideration of Report on the Orange County Board of Supervisor"s
Actions to Designate the Orange County Health Care Agency as the Local
Enforcement Agency (LEA) for Solid Waste Management.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, approving the actions of the Orange County Board of
Supervisors designating the Orange County Health Care Agency as the Orange
County Local Enforcement Agency (LEA) for solid waste management. It is
further recommended that the City Clerk send copies of the Resolution to the
Clerk of the Orange County Board of Supervisors and the Executive Director of
the Orange County Branch of the League of California Cities.
RESOLUTION N0. 3715
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE
ACTIONS OF THE ORANGE COUNTY BOARD OF SUPERVISORS DESIGNATING THE ORANGE
COUNTY HEALTH CARE AGENCY AS THE ORANGE COUNTY LOCAL ENFORCEMENT AGENCY
AS REQUIRED BY THE Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT OF 1976.
Item #17: Consideration of Continuing Part-Time Contract for Building
Inspection Services.
Recommendation: That the City Council authorize the continuation of part-time
contract building inspection services with Melad and Associates, 8907 Warner
Avenue, #161, Huntington Beach, CA 92647, for sixteen (16) hours per week, at
the hourly rate of 535.00, not to exceed 180 hours, through June 30, 1990.
Item #18: Consideration of Resolution Establishing the Mileage Reimbursement
Rate for the City/District Officials and Employees.
Recommendation: That the City Council and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, establishing the mileage
reimbursement rate for the City/District officials and employees to be 50.255
per mile.
RESOLUTION N0. 3716
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS
THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, RESCINDING RESOLUTION N0. 2273, ANO ESTABLISHING THE MILEAGE
REIMBURSEMENT PROVISION FOR CITY/DISTRICT OFFICIALS AND EMPLOYEES.
Item 19: Consideration of Amendment to Section 10 of the Cypress Zoning
Ordinance Relating to Commercial Uses.
Recommendation: That the City Council direct staff to return to the City
Council on April 9, 1990, with an Ordinance incorporating the changes proposed
as a result of this report.
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City Council Minutes March 26, 1990
Item N20: Consideration of Approval of Design Review Committee No. 90-5.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item #(21: Continuation of Consideration of Council"s Support of Critical Arts
Issue.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, continue this
matter to the meeting of April 9, 1990.
Regarding Consideration of Proclaiming April 1990 as "Earthquake Preparedness
Month," Councilmember Kerry asked staff to inform the Council at the next
meeting if any activities or events were being contemplated for "Earthquake
Preparedness Month." It was moved by Councilmember Kerry and seconded by
Councilmember Bowman to proclaim April 1990 as "Earthquake Preparedness
Month." The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
In regard to Consideration of Acceptance of Final Tract Map No. 14128 - 4762
Crescent Avenue, South Side, East of Sumner, the Acting City Manager explained
that the applicant had failed to post the required bonds He, therefore,
recommended continuance of this item to the April 9, 1990 meeting. It was
moved by Councilmember Kerry and seconded by Councilmember Bowman to continue
this item to April 9, 1990. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
END OF CONSENT CALENDAR
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving CUP 90-1.
RESOLUTION N0. 3717
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 90-1 - WITH CONDITIONS (CONSTRUCT FOUR
CONDOMINIUM UNITS, 5612 ORANGE AVENUE).
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
ABSTAINED: 1 COUNCILMEMBERS: Arnold
Councilmember Arnold abstained on this item and the following two items due to
her absence from the March 25, 1990 meeting.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving Tentative
Tract Map No. 89-371.
RESOLUTION N0. 3718
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE TRACT MAP N0. 89-371 - WITH CONDITIONS (SUBDIVIDE ONE PARCEL
TO CREATE FOUR CONDOMINIUM UNITS, 5612 ORANGE AVENUE).
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The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
ABSTAINED: 1 COUNCILMEMBERS: Arnold
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance adopting by reference the National Electrical Code, 1987
Edition, with certain amendments.
ORDINANCE N0. 844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER
8 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE
NATIONAL ELECTRICAL CODE, 1987 EDITION, WITH CERTAIN AMENDMENTS.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
ABSTAINED: 1 COUNCILMEMBERS: Arnold
CLOSED SESSION: Mayor Pro Tem Kanel recessed the meeting at 5:55 p.m. to
enable the Council to discuss matters of personnel and litigation in a closed
session. The meeting reconvened at 7:32 p.m. with all Councilmembers present
except Mayor Age. Also present were staff members DeCarlo, Eynon, Hill and
Wicker.
Mayor Pro Tem Kanel opened the 7:30 p.m. portion of the Council meeting in
memory of Zuleima Vasquez, a Cypress resident who was slain on March 18. He
asked the audience to rise and participate in a moment of silence for Miss
Vasquez.
PLEDGE OF ALLEGIANCE: Councilmember Arnold led the pledge.
The Acting City Manager reviewed the actions taken by the City Council during
the 5:30 portion of the Agenda.
The City Attorney summarized the discussions held during closed session on two
litigation items: Hollywood Park Realty Enterprises vs. City of Cypress and
another matter pending litigation,
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
The Acting City Manager introduced Ms. Cheryl Cohen, the newly-appointed
Executive Director of the Cypress Business Park Transportation Management
Association (TMA), now known as Cypress Commuter Connection. Ms. Cohen shared
with the Council the Cypress Business Park TMA's accomplishments and
activities to date. She mentioned that, on March 27, the Chamber of Commerce
will be hosting a luncheon with the TMA to introduce the program to area
business leaders. She presented each Councilmember with an Executive
Information Packet, which will also be given to luncheon attendees.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished to speak.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 90-3. REDUCE
REAR YARD AREA AND SETBACK. 4038 CARDIFF__DRIVE: Mayor Pro Tem Kanel opened
the public hearing. The Planning Director advised that two phone calls were
received today from residents in the area voicing concerns about the proposed
addition. She presented the staff report dated February 28, 1990, which
represented a request to vary from the City of Cypress Zoning Ordinance to
allow a 634 square foot rear yard open area and a setback of five feet. In
accordance with the provisions of the California Environmental Quality Act,
this project is categorically exempt Class 3. Notices of this public hearing
have been published, posted, and mailed to all property owners within 300 feet
of the subject property.
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Responding to Mayor Pro Tem Kanel, the City Attorney replied that, up to this
point, the City has no liability but granting the variance could create some
problem if there is a health or safety hazard.
Mr. Harold Caswell, 4038 Cardiff Drive, Cypress, admitted that no building
permits-had been taken out for the original. patio cover, the enclosed room
under the patio cover, the recent second story addition, and the electrical
wiring work on the recent addition. He also indicated he was aware that
permits were required. He stated that he would agree to having all structures
inspected.
Mr. Tony Elmo, the City"s Building Official, reported that there were some
techniques used in framing the room addition that do not appear to meet
standard construction practices. Also, he indicated that the electrical work
does not meet the minimum standards of the National Electrical Code for basic
location of outlets around the perimeter of the walla He stated there are a
number of items that are questionable and the only way to look at these items
is to expose the framing and wiring.
The City Attorney explained that the reason for bringing this item to Council
now is that if a variance is granted, it would need to be conditioned to
require compliance with code. If the variance will not be granted, it should
be denied and the structure torn down.
Mayor Pro Tem Kanel stated that Mr. Caswell had presented the Council with a
letter signed by some of the neighbors indicating they had no objection to the
room addition or the granting of a variance.
Councilmember Arnold clarified that the applicant has owned the house for over
20 years, has built several additions to the house over the years without
benefit of building permits, knowing full well that permits should have been
obtained for those additions.
After further questions, Councilmember Kerry asked the applicant if a permit
was obtained for the partial roofing of the house and the applicant replied in
the negative.
Mayor Pro Tem Kanel asked if anyone else wished to speak in support of the
application. No one wished to do so. He then asked if anyone wished to speak
in opposition.
Mr. Richard Verdugo, 4035 Selkirk Court, Cypress, whose home is located
directly behind the applicant, stated he is the neighbor that is most affected
by this structure. He also stated that he believed the applicant is in this
position because these structures were built without the benefit of a permit
or concern for his neighbors. He expressed his opposition to the granting of
the variance.
No one else wished to speak in support of or opposition to the granting of the
variance.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
close the public hearing and deny the request for Variance 90-3.
Councilmember Arnold commented that this is not a simple matter of a slight
encroachment into the setback. She emphasized that the applicant admitted a
number of times that he was in violation of the building code by not obtaining
permits and yet he continued to build without concern for regulations. She
concluded that she could not consider proceeding further with this request and
would support denial of the application. Councilmember Bowman stated that he
was generally in favor of personal property rights, but in this case it has
been overdone. At this point, he would vote in favor of denial because the
applicant has been aware of the problem for a number of years and is familiar
with the permitting procedure. Councilmember Kerry remarked that a structure
being built five feet from the property line is totally unrealistic. She
concluded that it is much too close to the back wall for a two-story structure
and she'd vote to deny the application. Mayor Pro Tem Kanel stated that it
was the obligation of the owner to obtain building permits and he would be
joining the other members of the Council in denying this application. The
motion unanimously carried by the following roll call vote:
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City Council Minutes March 26, 1990
AYES: 4 COUNCILMEMBERS`. Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
Mayor Pro Tem Kanel advised the applicant that t#~e second story structure
would have to be removed and the patio structure would have to properly
permitted.
RECESS: Mayor Pro Tem Kanel recessed the meeting at 8:45 p.m., reconvening
the meeting at 8:50 p.m. with all Councilmembers present except Mayor Age.
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 90-4, AIR CONDITIONERS IN
SIDE YARD. 8622 ACACIA DRIVE: Mayor Pro Tem Kanel declared the public hearing
open. The Planning Director summarized the staff report dated March 9, 1990,
which represented a request to vary from the City of Cypress Zoning Ordinance
to allow the installation of two air conditioner units within the side yard
setback. In accordance with the requirements of the California Environmental
Quality Act, a Negative Declaration will be filed for this project. Notices
of this public hearing have been posted, published and mailed to all property
owners within a 300-foot radius.
The applicant, Mr. Corey Bouma, 20712 Seine, Lakewood, explained the reason
for the request and volunteered to answer any questions from the
Councilmembers.
No one wished to speak in support of or opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold 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. 90-4, subject to conditions. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
79-4 EXPANSION OF VIA MARIA MEXICAN RESTAURANT, INCLUDING THE ONSITE_SALE OF
GENERAL ALCOHOL BEVERAGES. 9959 WALKER STREET: The public hearing was opened
by Mayor Pro Tem Kanel. The Planning Director reported that two
communications were received: one from Mr. and Mrs. Frederick Manuel, 9980
Barcelona Lane, located directly behind the subject restaurant, protesting the
expansion of the restaurant and the noise factor. The second letter was from
Calvin and Louise Vanderhyde, 9970 Barcelona Lane, indicating they oppose any
expansion of Via Maria and the sale of alcohol based on excessive noise and
traffic congestion. The Planning Director then reviewed the staff report
dated March 15, 1990, which represented a request to expand the existing Via
Maria Mexican Restaurant, located at 9959 Walker Street, to provide a banquet
and meeting facility, including the onsite sale of General Alcohol. According
to the requirements of the California Environmental Quality Act, this project
is considered to be Exempt, Class I. Notices of this public hearing were
published, posted and mailed to all property owners within a 300 foot radius.
Councilmember Kerry expressed concern about the parking allowed along the west
wall which would appear to affect most of those residents. The Planning
Director advised that, prior to eliminating the parking spaces along the west
wall, a parking study would have to be conducted; however, it would appear
those spaces that were removed would have to be provided elsewhere in the TM_
center.
Mr. Russell Khouri, 777 S. Main Street, Ste. 161, Orange, representing the
owner of the center, made some comments on the staff report, explained the
function of the proposed banquet facility and the parking situation.
Responding to Councilmember Arnold, Mr. Mike Natale, owner of Via Maria
Mexican Restaurant, explained that there would be no live music in the
proposed banquet room, which will be utilized strictly for dining. He
reported that he had received only one complaint from a neighbor about music
noise and, after investigating the source, found that it had not come from Via
Maria.
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The Police Chief responded that when there are complaints about noise
generated from the residents on Barcelona, the residents specifically refer to
the diagonal parking stalls west of the restaurant. The Police C#~ief
explained that in the last six months, there .have been 64 calls for service in
the entire shopping center, 11 of which were related to parking for Via Maria
on the east side of the restaurant and three for the west side.
Councilmember Kerry suggested that the west diagonal parking spaces be marked
for "Employees-Only" parking.
Mayor Pro Tem Kanel asked if anyone else wished to speak in support of or in
opposition to the application.
Mr. Vanderhyde, 9970 Barcelona Lane, Cypress, voiced his objection to the
request because of traffic, ingress and egress problems on Ball Road and the
noise.
Mr. Steve Craig, 9958 Barcelona Lane, Cypress, stated that cars park all the
way down the alley and vehicles are driven too fast in this area. He stated,
however, that the biggest problem has been noise.
No one else wished to speak in opposition.
Mayor Pro Tem Kanel remarked that Via Maria has been in the shopping center
for a long time; Mr. Natale has been active in various community activities
but the potential impact of the proposed expansion on the residential
neighbors must be considered.
The several questions from Councilmembers on the parking conditions in the
shopping center, and around Via Maria Restaurant in particular, were responded
to by Planning Director Eynon.
Councilmember Arnold stated she was in favor of conditioning the use permit,
subject to a variance, to eliminate the parking spaces on the west side of the
center.
Mr. Natale apologized for any inconvenience that may have been caused by Via
Maria and it might be best if employees didn"t park along the west wall in the
evening.
After further discussion on parking in the center and various criteria
affecting parking spaces required,. the City Attorney suggested that this item
be continued and not condition it, subject to the approval of a future
variance.
Mr. Khouri requested a continuance for this item to the meeting of April 23,
1990.
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
close the public hearing and continue this item to the meeting of April 23,
1990.
After some discussion, it was moved by Councilmember Arnold to allow the
public hearing to remain open and continue the item to April 23, 1990.
Councilmember Arnold and Councilmember Bowman withdrew the first motion and
the second, respectively. Councilmember Bowman seconded the new motion. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT N0. 90-3 VIDEO
GAMES. 9517 VALLEY VIEW STREET: The Mayor Pro Tem opened the public hearing
and presented the staff report dated March 16, 1990, which represented a
request to allow video arcade games at 9517 Valley View Street. Notices of
the public hearing were published, posted and mailed to all property owners
within a 300-foot radius.
Mayor Pro Tem Kanel did not call for public discussion because the City Code
prohibits issuance of any conditional use permit to establish a family
amusement arcade within six hundred feet of a public or private school, grades
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City Council Minutes March 26, 1990
kindergarten through twelve. The subject property is located within 600 feet
of the Cypress High School property line.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing and deny Conditional Use Permit No. 90-3 without
pre3udice in compliance with Section 15E-3 of the Cypress City Code and refund-
the application fee of 1250.00. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 90-5. PRIVATE
JUNIOR AND SENIOR HIGH SCHOOL. 5172 ORANGE AVENUE (THE FORMER OXFORD JUNIOR
HIGH SCHOOL): Mayor Pro Tem Kanel opened the public hearing. The Acting City
Manager recommended to Council that this item be continued due to the fact
that negotiations on the lease agreement had not been completed.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
continue this item to the Council meeting of April 9, 1990. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 90-4,
KARATE/MARTIAL ARTS STUDIO, 4470 LINCOLN AVENUE: Mayor Pro Tem Kanel opened
the public hearing. The staff report dated March 16, 1990 indicated the
applicant has requested this item be continued.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to April 9, 1990. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT N0. 90-2
AUTHORIZING COMMUNITY CARE FACILITIES IN CERTAIN ZONES: The public hearing
was opened by the Mayor Pro Tem. The City Attorney presented the staff report
dated March 21, 1990, which indicated that an Ordinance had been prepared
pursuant to a request for zoning determination and was drafted to meet the
current dictates of state and federal law. In accordance with the provisions
of the California Environmental Quality Act, a Negative Declaration had been
prepared for this Ordinance.
Responding to Councilmember Arnold, the City Attorney defined a "Community
Care" facility. Councilmember Arnold requested that staff research this item
to provide her with a better understanding of the definition of a Community
Care facility, unless an explanation could be provided this evening.
Councilmember Kerry expressed concern and asked what was meant by "disabled"
and what types of disabilities were involved because certain types are allowed
in residential zones.
Councilmember Bowman stated that it was his understanding that a definition of
a "Community Care" facility would be discussed this evening and he did not
feel comfortable in voting on this item at this time and would like a clearer
definition.
Mr. Floyd Talbee, 8542 Sumner Place, Cypress, stated that this item has been
continued for several months. He indicated that he has called several
community care facilities in southern California and has invited two medical
doctors involved with community care centers to this meeting.
Charles T. Clegg, M.D., Anaheim Hills, who stated that he practices in Newport
Beach and at College Hospital, Cerritos, provided a definition of community
care facilities and the term "developmentally disabled." He also stated that
the placement of a community care facility in a residential area is proper for
therapeutic reasons and replied to questions from the Council.
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City Council Minutes March 26, 1990
Julio Guerra, PhD, 4825 E. First Street, Long Beach, has a private practice in
Huntington Beach and Cerritos where he is employed by College Hospital. He
concurred with Dr. Clegg"s statements He advised that he is program director
of the adolescent program and that children would benefit from a community
care facility that is integrated into a normal living environment. He also
explained the various care facility concepts.
After an additional question and answer period, Councilmember Arnold stated
that she still wanted details on what the state recognizes as a community care
facility and a residential treatment center.
The City Attorney agreed to provide all definitions available and more
information regarding community care facilities, residential treatment centers
and developmentally disabled and will return to Council with an amended
Ordinance.
It was moved by Councilmember Arnold and seconded by Councilmember Bowman to
continue this item to the meeting of April 9, 1990. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT N0. 90-1 RELATING
TO HAZARDOUS WASTE FACILITIES SITING and
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE N0. 90-3
RELATING TO THE LOCATION AND SITING OF HAZARDOUS WASTE FACILITIES: Mayor Pro
Tem Kanel opened the public hearing. The City Attorney reviewed the staff
report dated March 20, 1990, suggesting that the City adopt a Resolution
amending the General Plan and Ordinances addressing the location and siting of
hazardous waste facilities in the City of Cypress and amending the Zoning
Ordinance relative to hazardous waste facilities. In accordance with the
California Environmental Quality Act, a Negative Declaration has been prepared
for this project.
As the hour was approaching 11:30 p.m., Mayor Pro Tem Kanel called for a
motion to continue the Council meeting past that hour. It was moved by
Councilmember Kerry, seconded by Councilmember Bowman and unanimously carried
to continue the meeting past 11:30 p.m.
Mr. Rufus Young, Burke, Williams and Sorensen, explained the legislation that
has brought significant changes in the way the management, planning and siting
of hazardous waste facilities are addressed. He defined processing,
transporting and dumping of wastes and what constitute hazardous wastes sites
and residuals repositories.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, amending the General
Plan relating to hazardous waste facility siting.
RESOLUTION N0. 3719
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO THE GENERAL PLAN N0. 90-1 AMENDING THE LAND USE ELEMENT
THEREOF TO SET FORTH THE POLICIES APPLICABLE TO HAZARD WASTE FACILITIES
SITING IN THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance approving the amendment to the Zoning Ordinance 90-3
relative to the siting of hazardous waste facilities.
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ORDINANCE N0. 845
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REGULATING AND ESTABLISHING PROCEDURES FOR THE SITING OF HAZARDOUS WASTE
FACILITIES BY ADDING SECTION 22, "HAZARDOUS. WASTE FACILITIES," TO
APPENDIX I, "ZONING," TO THE CODE OF THE CITY OF CYPRESS, AND DECLARING
THE URGENCY THEREOF.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
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
adopting amendment to the toning Ordinance 90-3 relative to hazardous waste
facilities.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGULATING AND
ESTABLISHING PROCEDURES FOR THE SITING OF HAZARDOUS WASTE FACILITIES BY
ADDING SECTION 22, "HAZARDOUS WASTE FACILITIES," TO APPENDIX I,
"ZONING," TO THE CODE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF PPRTICIPATION WITH ORANGE COUNTY CITIES IN THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM: The staff report
dated March 19, 1990 was introduced by the Public Works Director. The report
suggested that the permit program will require municipalities to establish
storm water management programs-and several cities have been meeting with the
County to develop a unified program with the County as lead agency.
It was moved by Councilmember Arnold and seconded by Councilmember Kerry to:
1) authorize the City to be a co-permittee on the application for the Orange
County NPDES permit; 2) authorize the Director of Public Works to sign the
application and permit on behalf of the City; and 3) authorize the Mayor and
the City Clerk to execute the joint Agreement for Implementation of the NPDES
Permit in a form to be. approved by the City Attorney. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF STATUS REPORT ON FOUNDATION REPAIRS DUE TO ADVERSE SOIL
CONDITIONS: The staff report, dated March 19, 1990, had been requested by
Councilmember Kerry and she recommended that this report be continued to May
29, 1990. Hearing no objection, Mayor Pro Tem Kanel so ordered.
CONSIDERATION OF APPROPRIATING FUNDS TO COMPENSATE CONSULTANTS FOR THE
SORRENTO COMMUNITY FACILITIES DISTRICT N0. 1 (CYPRESS HOMES): The Acting City
Manager summarized the Administrative Coordinating Team report dated March 15,
1990, which indicated consultants were retained to provide support services in
forming this District and reimbursement for services would be from the sale of
bonds. In order to process payment of the current invoices, it is necessary
to appropriate funds until bond monies are received.
Councilmembers Kerry and Bowman stated that they had understood payment would
be made to the participating consultants contingent upon the sale of the bonds
and that the City was not to advance any funds. Councilmember Bowman stated
he is not prepared to vote for this item.
Mayor Pro Tem Kanel suggested continuing this matter to the meeting of April
9, 1990.
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City Council Minutes March 26, 1990
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
continue the item to April 9, 1990. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF SIGN ORDINANCE UPDATE REQUEST FOR PROPOSALS: The Planning
" Director referred to the staff report dated March 19, 1990, which indicated
that the one formal proposal and bid received was rejected because of no
comparative bids and requested Council to direct staff to perform a second
mailing to a wider variety of consulting firms.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
direct staff to conduct a second mailing to a wider variety of consulting
firms specializing in all aspects of the planning process. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF ADOPTION FOR A RESOLUTION ESTABLISHING SALARIES AND NORKING
CONDITIONS FOR CITY EMPLOYEES REPRESENTED BY THE CYPRESS MAINTENANCE
EMPLOYEES' ASSOCIATION: The staff report dated March 20, 1990 indicated that
a two year Agreement has been reached between the City of Cypress and the
Cypress Maintenance Employees" Association.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving the Memorandum
of Understanding and establishing salaries for the City employees represented
by the Cypress Mair-tenance Employees" Association.
RESOLUTION N0. 3720
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
MAINTENANCE EMPLOYEES" ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE
BENEFITS AND CONDITIONS OF EMPLOYMENT.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
CONSIDERATION OF CERTIFICATION OF RECOGNITION FOR THE CYPRESS GIRLS SOFTBALL
ORGANIZATION ON THE OCCASION OF ITS 20TH ANNIVERSARY: Mayor Pro Tem Kanel had
asked that a certificate of recognition be provided for the Cypress Girls
Softball Organization for its 20th anniversary and staff was requesting
clarification on the type of recognition the Council wished to present.
After some discussion, Mayor Pro Tem Kanel asked for and received permission
from his colleagues to consult with the City Manager and Deputy City Clerk on
the preparation of a certificate of recognition.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 38008 -
38280: It was moved by Councilmember Bowman and seconded by Councilmember
Arnold to approve Warrants No. 38008 through 38280 in the amount of
5658,540.25. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Bowman
commented that the basketball team, ages 10 to 12, sponsored by the Cypress
Recreation & Park District, qualified to play in the championship game
scheduled for a Sunday. Because of religious reasons, all but two of the
players couldn"t play on Sunday, so the team was forced to forfeit the game,
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City Council Minutes March 26, 1.990
which has created problems. There have been attempts to have the game
rescheduled but, at this point, that hasn't occurred.
WRITTEN COMMUNICATL4NS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 12:00 a.m. to 6:00
p.m., Monday, April 2, 1990 to be-held in the Administrative Conference Room
in City Hall.
MA R THE CITY OF CYP ES
ATTEST:
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C CLER F HE CI OF CYPRESS
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