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Minutes 90-07-23 4'7 3 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 23, 1990 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, July 23, 1990, in the City Council Chamber, 5275 Orange Avenue, Cypress, Mayor Cecilia Age presiding. 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 Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRAC'' FOR POLICE DEPARTMENT LAP TOP COMPUTERS: The City Manager presented the staff report dated July 17, 1990 requesting the purchase of an additional twenty lap top computers with participating ' employees agreeing to reimburse the City for the full cost of the computers via the payroll deduction process. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to authorize the purchase of twenty (20) lap top computers, to be fully reimbursed by City police personnel, from The Computer Factory, 18662 MacArthur Blvd., Irvine, CA 92715 in the amount of 527,975.60. 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. Councilmember Bowman asked that Item No. 13, Consideration of Design Review Committee No. 90-23, Shopping Center Remodel, 5004-5028 Ball Road, be removed from the Consent Calendar because he would be abstaining on this item. Councilmember Kanel requested that the Minutes of July 9, 1990, page 6, be amended to reflect the second made by Councilmember Arnold to Councilmember Kerry"s motion to consider a joint meeting with the City Council of Los Alamitos. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to approve the Consent Calendar Items No. 2 through 19 with the exception of Item No. 13. 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 No. 2: Consideration of Approval of City Council Minutes of July 9, 1990. Recommendation: That the City Council approve the Minutes of July 9, 1990, as amended. Item No. 3: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 4: Consideration of an Application for Alcoholic Beverage License Transfer Filed by John R. Vairo, D.B.A. Perry's Pizza, 9515 Valley View Street, Cypress. 1 L f'~ City Council Minutes July 23, 1990 Recommendation: Receive and file. Item No. 5: Consideration of Monthly Investment Program for the Month of June 1990. Recommendation: Receive and file. Item No. 6: Consideration of Contract Change Order No. 1, Construction of New Fuel Dispensing Facility, City of Cypress Project No. 8876. Recommendation: Receive and file. Item No. 7: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Sandra M. & Theodore Krajewski, D.B.A. T & C"s Sports Pub, 10461 Denni Street, Cypress. Recommendation: Receive and file. Item No. 8: Consideration of Resolution Commending Officer Tommy DeLaRosa of the Fullerton Police Department for His Outstanding Contributions to Law Enforcement and in Remembrance and Memory of His Ultimate Sacrifice. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Officer Tommy DeLaRosa of the Fullerton Police Department. RESOLUTION N0. 3794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING OFFICER TOMMY DELAROSA OF THE FULLERTON POLICE DEPARTMENT FOR HIS OUTSTANDING CONTRIBUTIONS TO LAW ENFORCEMENT AND IN REMEMBRANCE AND MEMORY OF HIS ULTIMATE SACRIFICE. Item No. 9: Consideration of the City Manager's Attendance to the 76th Annual International City Management Association (ICMA) Conference. Recommendation: That the City Council authorize the attendance of the City Manager to the 76th annual ICMA conference scheduled for September 23-27, 1990, in Fort Worth, Texas, and be reimbursed for all actual and necessary expenses incurred. Item No. 10: Consideration of Proclaiming October 1990, as "Energy Awareness Month". Recommendation: That-the Mayor and City Council officially proclaim October 1990, as "Energy Awareness Month" in the City of Cypress. Item No. 11: Consideration of Renewal of Non-Exclusive Taxicab Franchise - West Coast Transportation Network, Inc. Recommendation: That the City Council authorize a one-year renewal of the non-exclusive Taxicab Franchise issued to West Coast Transportation Network, Inc., to expire on June 12, 1991. Item No. 12: Consideration of Contract Renewal for Looseleaf Supplements With the Municipal Code Corporation. Recommendation: That the City Council approve the renewal of the contract with Municipal Code Corporation for looseleaf supplements for the period of August 1, 1990 through July 31, 1991, under the same terms and conditions of the current contract. Item No. 14: Consideration of Agreement With the Cities of La Palma and Buena Park for the Rehabilitation of Walker Street, From Crescent Avenue to La Palma Avenue, Public Works Project No. 8930. Recommendation: That the City Council: 1) Approve the three-party agreement between the Cities of La Palma, Buena Park, and Cypress, for the rehabilitation of Walker Street from Crescent Avenue to La Palma Avenue; and 2) Authorize the Mayor to execute and the City Clerk to attest the Agreement. 2 ~1 = ' ~ 4' City Council Minutes July 23, 1990 Item No. 15: Consideration of Appropriation for the Neighborhood Improvement Program. Recommendation: That the City Council authorize the transfer of 56,136 from the unreserved fund balance of the 1989-90 General Fund and appropriate this amount to Account No. 4104-11-191-06. Item No. 16: Consideration of Approval of 15th Year Community Development Block Grant (CDBG) Contract, Regarding Public Facilities and Improvements, Grace/LaSalle Street. Recommendation: That the City Council approve Contract Number C4O794 as submitted and authorize the Mayor to execute the Agreement on behalf of the City Council of the City of Cypress. Item No. 17: Consideration of Authorizing the Counsel for the County of Orange to Defend the City in Actions Relating to the Refund of Property Taxes. Recommendation: That the City Council authorize the Counsel of the County of Orange to defend the City of Cypress in actions seeking the refund of property taxes filed by the Pacific Telephone Company and the Texaco Trading and Transportation, Inc., V. the State Board of Equalization, et al. Item No. 18: Consideration of Employment Lists for the Positions of Records Supervisor - Police Department, Police Officer Trainee, and Dispatcher. Recommendation: That the City Council certify the Employment Lists for the positions of Records Supervisor - Police Department, Police Officer Trainee, and Dispatcher as submitted. Recreation b Park District Matters: Item No. 19: Consideration of Attendance of the Recreation & Park District Director to Attend the Park and Recreation Administrator's Asilomar Conference. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, authorize the attendance of Marvin DeCarlo, Recreation and Park District Director, to the Park and Recreation Administrator"s Asilomar Conference to be held in Pacific Grove, California, on November 11-16, 1990, and be reimbursed for all actual and necessary expenses incurred. END OF CONSENT CALENDAR Regarding Consideration of Design Review Committee No. 90-23, Shopping Center Remodel, 5004-5028 Ball Road, Councilmember Bowman asked this be removed so he could abstain and he has discussed it with the City Attorney. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to approve Design Review Committee No. 90-23, subject to the Conditions of Approval in Exhibit "A" attached to the staff report. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Bowman ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Kerry and seconded by Councilmember Kanel to adopt the Resolution by title only, title as follows, approving CUP No. 90-15. RESOLUTION N0. 3795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 90-15 - WITH CONDITIONS (USED RECREATIONAL VEHICLE SALES, SERVICE, SUPPLIES, AND STORAGE BUSINESS, 5120 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: 3 f . City Council Minutes July 23, 1990 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 Bowman to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 90-4 RESOLUTION N0. 3796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-4 - WITH CONDITIONS (EXPAND KARATE/MARTIAL ARTS STUDIO, 4470 LINCOLN AVENUE). 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 COUNCILMEMBF.RS: None CLOSED SESSION: Mayor Age recessed the meeting at 5:45 p.m, to allow the City Council to enter into closed session for matters of personnel and/or litigation. The meeting reconvened at 7:34 p.m. with all Councilmembers present and staff members Beardsley, DeCarlo, Hamlin, Storey and Wicker also present. PLEDGE OF ALLEGIANCE: Councilmember Bowman led the pledge of allegiance. The 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 the City of Los Alamitos vs. the City of Cypress and Cypress Development in terms of reaching a settlement, the setting of a hearing on August 6 regarding Mello-Roos and redevelopment for Cypress Homes. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mr. Michael Scully, 9398 Danbury Street, expressed his disappointment on the release of the reserve channels to Copley/Colony without getting anything in return and they can raise their rates at will by as much as 50x. Mayor Age announced that she had received a news release from Assemblywoman Doris Allen"s office that she has a bill, AB 4209, regarding the recent findings in L. A. County on the malathion spraying and the possible link to two forms of cancer. Anyone who would like to support her bill, please call the Appropriations Committee or her office. 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: CONDITIONAL USE PERMIT N0. 89-30. ADOLESCENT COMMUNITY CARE FACILITY 8542 SUMNER PLACE: Mayor Age opened the public hearing. The City Manager called upon Holly Hamlin, Acting Planning Director, to summarize the staff report dated July 13, 1990, which represented a request to operate an adolescent community care facility at 8542 Sumner Place located in the RM-20 Residential Multiple-Family Zone. 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 were published, posted and mailed to all property owners within a 300- foot radius of the subject property. Mr. Don Gilligan, 2904 Plaza Leonardo, Bonita, representing the owner- applicant, stated he has brought the Medical Director and a member of the administrative staff that will be directing the programs to answer any questions from the Council. Mr. Gilligan has worked with staff and has agreed to all conditions imposed. Mr. John Russell, 820 Hillside, Long Beach, responded to Councilmember Bowman and stated that the adolescents will be attending school either on site or taken by van to College Hospital for classes. He also stated that the 4 - 4'77 City Council Minutes July 23, 1990 patients may be attending public school at times but they sometimes have special educational needs that cannot be met in the public school system. In answer to Councilmember Arnold, Mr. Russell responded that there will probably be youngsters who have experimented with drugs, but it will not be a drug treatment center. Youngsters would not be discharged from an acute care center until they no longer had a drug problem. After an additional question and answer period, Mr. Russell clarified that he is not an employee of College Hospital or College Health Enterprises. He is the clinical director of the unit with a private practice in psychology. Ms. Leslie Horowitz, Assistant Administrator of College Hospital, 10802 College Place, Cerritos, explained the staffing requirement at the proposed community care facility. Councilmember Kerry expressed concern about the adequacy of the parking arrangements for staff and visitors at the facility. Responding to Councilmember Arnold, Mr. Russell explained the operation and need for a community care facili~y and the kind and length of treatment for the patients. Mayor Age asked if anyone wished to speak in support of the project. Ms. Karen Tufnell, 9881 Spruce Court, Cypress, advised that she taught in the Anaheim Union High School Uistrict in the alternative education program. She also advised that by state law and by school district boundaries, those children at the community care facility must attend school in the district and she suggested that the Head of Alternative Education be contacted by Mr. Russell. No one wished to speak in opposition to the project. Councilmember Kanel stated that the determination had been made that this type of facility is allowed in the RM-20 zone, they will be renovating the buildings, they are providing a service to residents and he saw no reason why this project should not be approved. He also stated that there was a concern about parking but the requirements have been met and there is no reason to oppose it. Councilmember Arnold commented that she had some concerns about the application, she does not have a clear understanding of the proposed program and felt she needed more information before she could make a decision on this project. Councilmember Bowman mentioned that he does not envision this type of facility being in that area even though it is an RM-20 zone and a list dated June 9 with the names of 32 residents in that area that were not in favor of this facility at that location. He is not in favor of this project and would vote against it. Councilmember Kerry stated that any alcoholism or drug abuse recovery or treatment facility is specifically excluded from the definition of "community care facility" and if they are excluded, it must be made clear exactly when it is no longer considered alcohol or drug abuse recovery or treatment. She does not feel the questions have been completely answered and could not support the application. Mayor Age concurred and could not support the project because she is not convinced that there isn't an alcohol or drug abuse recovery or treatment that is specifically excluded from the definition of community care facility. Mr. Russell stated when dealing with adolescence, substance use or abuse will be found in a certain percentage of that population; however, treatment of substance abuse is clearly not the purpose of this facility. Ms. Horowitz commented that they may not be fully aware of everything that may be available in the educational system, but have no bias against using the public schools. Councilmember Arnold suggested that the Council might want to deny the application without prejudice so the applicants could better prepare themselves for the questions from the Council at a future time. Ei City Council Minutes July 23, 1990 It was moved by Councilmember Arnold and seconded by Councilmember Kerry to close the public hearing and deny the application without prejudice. Councilmember Bowman would support denying the application because he didn't believe any community care facility was appropriate for that particular RM-20 area. Mayor Age would support a motion denying without prejudice. Councilmember Kanel stated that basically the applicant met all the criteria, felt the questions have been answered by the applicant and would vote no on the denial. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kerry and Age NOES: 1 COUNCILMEMBERS: Kanel ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 87-35 ADDITIONAL AUTO REPAIR USES AT THE AUTOBAHN CENTER 5051 E. LINCOLN AVENUE: The public hearing was opened by Mayor Age. The City Manager asked the Acting Planning Director to summarize the staff report dated July 13, 1990, which represented an application to allow additional auto repair uses other than those specified under Conditional Use Permit No. 87-35 at 5051 Lincoln Avenue. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Copies of the Public Hearing Notice were posted, published and mailed to all property owners within a 300-foot radius. Staff recommended denial of the amendment to C.U.P. 87-35, expressing concern with overnight parking and possible noise effects on the neighboring residential area. Mr. Dwayne VanHandel, 9654 Carnation Ave., Fountain Valley, representing D. M. Smith Company, the leasing agent and property manager for the Sadlers, stated that this will be a high tech center, they do not want tenants to tear down engines and are proposing an engine exchange. He further explained the operation of "The Toy Shop" and gave a slide presentation of the center. Councilmember Kanel suggested that the Planners should not overly concern themselves with a few cars parking overnight because it is a normal occurrence in the automobile repair business. He advised that there has to be consideration of neighbors on the north side but not necessarily deny the project. Mayor Age asked if anyone wished to speak in support of or opposition to the application. No one did so. Councilmember Kerry commented that if several substantiated complaints were received regarding overnight storage and/or vehicles, then there would be some concern but an occasional situation would appear to be acceptable. Councilmember Bowman requested that the words "outdoor vehicle and material storage" be added in both places, after "...review the auto center"s hours of operation...." in Condition No. 20 so if it becomes a problem, Council would have the right of review. Mr. Gary Sadler, the applicant, 125 Grand Canal, Newport Beach, explained the setback allowances and he will have a statement in the lease agreements that after closing time, all vehicles are to be off the premises. He did not object to the suggested amendment to Condition No. 20. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act and approve amendment to Conditional Use Permit No. 87-35, with conditions including the amendment to Condition No. he 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 Arnold polled the audience to determine the number present for the "Rabbit" and "Leaf Blower" items. The Mayor announced that there two items will be addressed next, then the Council will recess into Closed Session and reconvene for the remainder of the Agenda. CONTINUATION OF CONSIDERATION OF RABBITS IN THE CYPRESS FLOOD RETARDING BASIN: The City Manager called upon the Public Works Director to review the staff 6 4~9 City Council Minutes July 23, 1990 report dated July 12, 1990, which addressed those concerns presented by the City Council at the meeting of July 9, 1990 on rabbit diseases, fence and gate repairs, stranded rabbits, citizen complaints and relocation options. Staff recommended that the rabbits be removed from the Nature Park to the safe locations suggested in the report Mayor Age stated that the most common rabbit disease is pneumonia which cannot be transmitted to humans. Mr. Jack Swank, 9849 Via Sonoma, Cypress, presented a petition that requested the rabbits not be removed from the Nature Park. Me reported that small rabbits can still leave the park under one of the gates. He suggested posting a sign at the park stating what rabbits eat and fining anyone that harmed them. Mr. Tim McCarthy, 4220 Via Largo, Cypress, stated he lived right behind the park, rabbits have been in his yard and he has never seen them eat his plants. He supported keeping the rabbits in the Nature Park. Mr. Bob Winterberger, 4092 Avenida Sevilla, Cypress, commented that he has never seen so many people enjoy something so much and it seems the rabbits are well worth keeping in the Nature Park. Mr. Jeff Williams, 9879 Via Large, Cypress, advised he lives directly across the street from the Park. The rabbits haven"t done any damage to his front yard and would like to keep the rabbits in the Nature Park. Mr. Ted Hill, 10001 St. Vincent Cr., Cypress, advised that he has talked to many people around the park and they expressed the opinion that the rabbits should stay. People are feeding the rabbits. Councilmember Kanel remarked that the City could try to secure the gate so the smaller rabbits could not escape, continue to monitor the rabbit population in the Nature Park and contact a humane society when the rabbits become too plentiful. Mayor Age mentioned several alternatives of disposing of the rabbits other than killing them. Councilmember Kanel stated that eventually there will have to be a depopulation of the rabbits but at this point, the experiment continues with the rabbits remaining in the park. Councilmember Kerry suggested when the rabbit population becomes extreme, the issue should return to the Council for an evaluation to make the citizens aware of what is occurring. Councilmember Bowman suggested securing the fence and gates and determine the optimum number of rabbits the park can support. Councilmember Arnold stated she loved rabbits and cared about their safety but Cypress is not in the zoo business and she believed that the offer should be accepted by the Animal Lovers Volunteer Association to take the rabbits. She is not in favor of not making a decision and leaving the rabbits to the cats, dogs and floods and feels it is incumbent upon the Council to make a decision that will provide safety for these animals. She cannot support retaining them in the park. Mayor Age suggested putting a sign up indicating what food rabbits eat. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to direct the staff to post a sign stating what rabbits eat, staff to monitor the fence and gate repair, catch the stray rabbits, return to Council for review when staff perceives there is an overpopulation problem. The Public Works Director mentioned that if citizens have stray rabbits in their possession, the Public Works Department will return them to the park. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE' CONTROL AND/OR BANNING OF POWER LEAF BLOWERS: Mayor Age opened the public hearing. The Public Works Director presented the staff report dated July 17, 1990, which indicated that the discussion was precipitated by resident complaints and identified the primary 7 4~~D City Council Minutes July 23, 1990 concerns associated with power leaf blowers. The League of California Cities report indicated that approximately seven cities have passed ordinances either banning or limiting the hours of use of power leaf blowers. Staff has recommended several available alternatives to Council in dealing with this issue. Councilmember Bowman stated that leaf blowers should fall under the noise ordinance. Councilmember Kanel remarked that City uses blowers so they wouldn't be banned, but the time factor would be important. Mayor Age asked if anyone wished to speak in support of the blowers and no one did so. She asked if anyone wanted to speak in opposition to the blowers. Mr. Eugene Zechmeister, 9452 Alderbury Street, Cypress, complained about the blowers contributing to dust which creates bad air and smog. Cypress should eliminate power leaf blowers and return to using a broom. Ms. Ellen Margetich, 11436 Culebra Street, Cypress, referred to the staff report and stated that other cities in Orange County are addressing this problem and it is a problem. She also stated that she has dust and fumes coming into her house from power leaf blowers, which are a major source of air pollution. The issue was not what the City is doing, but what are the neighborhood gardeners doing with their blowers. She suggested acquiring addition information on leaf blowers and believed they could be regulated. Councilmember Arnold commented that she would be in favor of limiting the days and hours of operation during the week. She suggested enforcing those guidelines that the Gardeners Association has already suggested. Mayor Age suggested the possibility of banning leaf blowers in residential areas and allowing them in commercial areas. Councilmember Kerry mentioned limiting the use of blowers within a certain number of feet from residential buildings and that would allow City crews to maintain the parkways. Councilmember Kanel suggested that guidelines be established with enforcement of those guidelines, along with fines. Councilmember Bowman advocated hours of operation and some guidelines for leaf blowers rather than a ban. Councilmember Kerry requested that the leaf blower debris must be cleaned up and fines be levied for noncompliance. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to close the public hearing and direct the City Attorney and the City Manager to draft an ordinance to include the various points that have been raised by the Councilmembers for the August 27, 1990 meeting. 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 CLOSED SESSION: Mayor Age recessed the meeting at 10:45 p.m. to enable the Council to enter a closed session for matters of litigation. The meeting reconvened at 11:50 p.m. with all Councilmembers present. At the Mayor"s request, the City Attorney advised that the City Council met in closed session in regard to the City of Los Alamitos vs. the City of Cypress litigation, along with the City Manager and City Attorney, Mr. Lloyd Arnold and his attorney. The City Attorney reminded the Council that the hour of 11:30 p.m. has passed and a motion was in order. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to continue the Council meeting beyond 11:30 p.m. The motion unanimously carried by the following roll call vote: 8 ~ 4 ~~31 City Council Minutes July 23, 1990 AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC NEARING RE: ACCEPTANCE OF KATELLA AVENUE SUPER STREET STUDY DRAFT FINAL REPORT CITY OF CYPRESS PROJECT N0. 8936: The public hearing was declared open by Mayor Age. The City Manager requested the Public Works Director to summarize the staff report dated July 13, 1990 which indicated that the Orange County Transportation Commission (OCTC) is in the process of selecting the next Super Street project. The OCTC has received and approved the Katella Avenue Super Street Study Draft Final Report and staff believes that the Katella Avenue Super Street Project is needed and would be of great regional significance. The Public Works Director relayed to Council a phone conversation he had with Mr. Carl Robertson of Wayland Investments who expressed his support of the Super Street concept and Mr. Robertson wanted his input to be available at a later date. Mr. Aria Rohani, Manager of the Streets and Roads Program for OCTC, advised that this is one of three feasibility studies the commission is conducting. Council approval, in the form of a Resolution, will support the study proceeding to the next step and before any improvements are made, the affected cities will have to approve them officially. He urged the Council to support the recommendation and volunteered to answer any questions. No one wished to speak in support or in opposition to the project. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to close the public hearing and adopt the Resolution by title only, title as follows, accepting the Katella Avenue Super Street Project Draft Final Report. RESOLUTION N0. 3797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE RECOMMENDATIONS OF THE KATELLA AVENUE SUPER STREET STUDY. 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: TENTATIVE TRACT 14346 CONDITIONAL USE PERMIT NO 90 14 AND VARIANCE NO 90-12 CONSTRUCT NINE (9) TWO-STORY CONDOMINIUM UNITS 8681 AND 8691 MOODY STREET: The Mayor opened the public hearing. The Acting Planning Director presented the staff report dated July 13, 1990, which represented a request to construct nine (9), two-story condominium units on the property located at 8681 and 8691 Moody Street in the RM-20 Residential Multiple-Family Zone. The application also includes a proposed tentative tract map to create air space ownership units and a variance is requested to allow the plan to provide less than the required 35% onsite landscaping. Notices of this public hearing were published, posted and mailed to all property owners within a 300-foot radius. Mr. Ben Agraval, 30032 Avenida Classica, Rancho Palos Verdes, stated they had worked closely with staff and the small variance should not be noticeable the way the project was designed. Councilmember Kerry expressed concern about the lack of fencing to protect the children that might be living in the condominium units. Mr. Agraval advised that the project was originally proposed with a gate and fence in the front of the complex but the Police Department didn"t approve of a gated community because of security reasons and if there"s a feeling that the fence will help, he would be willing to bring it back. Chief Wicker stated that a small fence keeping young children secure in an open space play area is quite different from a "gated community" and this type of fence would be no problem. Councilmember Bowman asked the applicant if he would agree to make the fencing a condition and Mr. Agraval concurred. 9 % ' - C~ 4~~ City Council Minutes July 23, 1990 No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act and approve Tentative Tract Map No. 14346, Conditional Use Permit No. 90-14, and Variance No. 90-12, subject to conditions including the condition on fencing. 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 CONTINUATION OF CONSIDERATION OF DESIGN REVIEW COMMITTEE N0. 90-22 INSTALLATION_OF_A-POLE SIGN, ACACIA REALTY, 5352 LINCOLN AVENUE INCORPORATING THE USE OF OFF-PREMISE ADVERTISING FOR CYPRESS MINI-STORAGE: Councilmember Kanel asked that the summary of the staff report be dispensed with and wished to hear from the applicant. Ms. Alison Young, representing Mr. Odo of Cypress Mini-Storage, explained the request for the off-premise sign and the reasons for moving it across the street from where it is presently situated. Mr. Odo needs permission from the City to have the directional sign and he will comply with any design requests. Responding to Councilmember Bowman, the Acting Planning Director answered that there was not a distinction between on and off-site signs in terms of design or development standards but it does require separate approval from Council. Councilmember Kanel advised that when the Council eventually adopts a new sign ordinance it could have an effect on any newer signage. Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, stated he has ended up with a smaller sign than originally proposed and entitled to have on his property. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to receive and file Design Review Committee No. 90-22, 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 APPEAL OF NUISANCE ABATEMENT ASSESSMENT - 10531 GRETA CIRCLE: The City Manager requested that the Public Works Director present the staff report dated July 16, 1990 which indicated that a communication had been received from the owner at 10531 Greta Circle appealing the charges of $2,904.69 incurred by the City"s Public Works and Police Departments to abate the nuisance at that address in December 1989. Mr. Lester Kuty and Ms. Virginia Murrell, 10531 Greta Circle, Cypress, complained that the City acted improperly in removing personal items from their property without a court order. The City Attorney advised that the matter before the City Council is whether or not the amount of the charge was reasonable. After some discussion, Councilmember Kanel stated that the Council"s decision is to gauge the amount that is to be added to the property tax as a result of the costs to the City to abate the property. In answer to Mayor Age, the City Attorney responded that the City is in compliance with the law. Mr. Kuty had abated some items but time was still spent by Public Works and the Police Department in an effort to make sure that the public nuisance was abated. The only thing Mr. Kuty appealed was the assessment and the question is, is the $2,904.69 a reasonable sum for the time expended. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to deny the appeal and uphold the assessment of the City's costs to abate the nuisance at that location in the amount of $2,904.69. The motion unanimously carried by the following roll call vote: 10 July 23, 1990 4 8 3 City Council Minutes AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOE5: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: NONE CONSIDERATION OF STATUS REPORT ON CYPRESS BUSINESS PARK VEHICLE TRIP REDUCTION PROGRAM: The Public Works Director reviewed the staff report dated July 13, 1990, which provided the first annual report submitted in accordance with Ordinance 818 adopting the Cypress Business Park Vehicle Trip Reduction Program. Several modifications appeared to be necessary to clarify interpretations of certain sections of the Ordinance and other changes may be in order to provide a more functional Program without compromising its effectiveness. Councilmember Bowman asked if a profit and loss statement would be made available as he is interested in knowing how much money this program has generated and where it is going. The Public Works Director indicated that data would be made available to the City Council. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to receive and file this report and continue this item to the meeting of October 8, 1990 for consideration of modifications to Ordinance No. 818. 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 JOINT PUBLIC HEARING RE: AMENDMENT TO THE CITY OF CYPRESS RECREATION & PARK DISTRICT'S CONFLICT OF INTEREST CODE AND ADOPTION OF THE SAME BY REFERENCE FOR THE CYPRESS REDEVELOPMENT AGENCY: Mayor Age opened the public hearing. The City Attorney presented the staff report dated July 13, 1990 which indicated that all public agencies in California are required to adopt a Conflict of Interest Code. The City has had a Conflict of Interest Code, the Redevelopment Agency has not and it is recommended that the Agency adopt by reference the City"s Conflict of Interest Code as amended, excluding Section 7, "Exhibit A" which designates those officials subject to the Code. Mayor Age asked if anyone wished to speak in support of or in opposition to the adoption of the Code. No one wished to do so. It was moved by Councilmember Arnold and seconded by Councilmember Kerry, and acting as the Cypress Redevelopment Agency, to close the public hearing and to adopt the Resolutions by title only, titles as follow, amending the Conflict of Interest Code and adopting a Conflict of Interest Code for the Redevelopment Agency. RESOLUTION NO. 3798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AND THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING ITS CONFLICT OF INTEREST CODE. CRA N0. 66 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS ADOPTING A CONFLICT OF INTEREST CODE. 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. 90-16 ST. DEMITRIOS GREEK ORTHODOX CHURCH 9060 WALKER STREET: The Mayor declared the public hearing opened. The staff report dated July 6, 1990 requested that this item be withdrawn from the City Council"s consideration. The applicant is requesting the full fee refund of $450.00; however staff estimates time and publishing costs to be $122.00. No one wished to speak in favor of or against the application withdrawal. 11 V City Council Minutes July 23, 1990 It was moved by Councilmember Kerry and seconded by Councilmember Bowman to close the public hearing and approve the applicant's request to withdraw Conditional Use Permit No. 90-16 from the Council's consideration and award a refund in the amount of 5328.00 to the applicant. 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. 90-17 GASOLINE__STATION, MINI-MARKET, AND CAR WASH, 6000 CERRITOS AVENUE: Mayor Age opened the public hearing. The staff report dated July 13, 1990 that a continuance was requested to allow the applicant to revise the application. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item to the August 13, 1990 meeting. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBtRS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF AMENDMENT TO RESIDENTIAL DENSITY BONUS POLICY SECTION 9.2 OF THE CYPRESS ZONING ORDINANCE: Councilmember Bowman asked if there was any matter pending that would be affected by this policy because he wished to continue this item. The Acting Planning Director advised that there is nothing pending that requires immediate action. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to defer discussion of the amendment to the Residential Density Bonus Policy to August 13, 1990. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age ~w NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF STREET TREE POLICIES: The Public Works Director presented the staff report dated July 11, 1990, which indicated that the level of community interest is not present to enact a Tree Committee. All projects to repair damage caused by parkway trees have been delayed for many months and it is crucial that some of these repairs proceed. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to defer formation of the Cypress Advisory Tree Committee and direct staff to proceed with preparing a proposed tree removal and sidewalk repair contract for review by the City Council in a study session prior to release of the project for public bidding. Councilmember Kerry desired that staff would return to Council with proposals for removal of trees on an individual basis and the Public Works Director 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 CONTINUATION OF CONSIDERATION OF EXPIRATION OF TERM OF OFFICE OF RECREATION & COMMUNITY SERVICES COMMISSIONER GEORGE HALLAK: Councilmember Kerry suggested that when a position becomes available on one of the City Commissions, one of the best ways to inform the community is through the City Newsletter and she would like to see any openings advertised in that manner. Councilmember Kanel stated that the position should be advertised and, by September 15, all applications should be in and then possibly interview applicants at the second meeting in September. Councilmember Arnold stated that there is an ordinance that sets the length of terms for Commissioners and; therefore, the Council should not indiscriminately extend a Commissioner's term beyond its expiration. After some discussion on the length and extension of Commission terms, the City Attorney advised that rather than extend a term for any period of time, Council might not appoint for a given period of time or indicate that a search will be conducted for a replacement for a 90 day period. 12 48 City Council Minutes July 23, 1990 It was moved by Councilmember Kanel and seconded by Councilmember Bowman that applications for the position of Recreation ~ Community Services Commissioner be submitted to the City by September 15 and the City Manager to advertise the position in the local papers. 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 CONTRACT CHANGE ORDERS FOR SOIL REMEDIATION AND FUEL FACILITY M ~ RECONSTRUCTION AT THE CITY MAINTENANCE YARD PUBLIC WORKS PROJECT NOS. 8876 AND 8968: Due to the lateness of the hour, Councilmember Arnold asked if this item could be continued to the next meeting. The Public Works Director advised the importance of obtaining approval otherwise all work on the project would be stopped. Councilmember Bowman commented that he has several questions on this item. The City Manager advised that there is a special meeting scheduled for August 6 and this matter could be discussed at that meeting. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to continue this item to the meeting of August 6, 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 REQUEST FOR APPROPRIATION OF FUNDS TO COMPENSATE CITY SPONSORED POLICE OFFICER TRAINEE OVERTIME BACK PAY: The City Manager reviewed the staff report dated July 11, 1990 wherein an audit conducted by the U.S. Department of Labor, Wage and Hour Division, focused on uncompensated overtime incurred by City-sponsored Police Officer trainees and directed the City to compensate back wages to the affected recruits. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to approve the appropriation of funds to account 4021-11-163-05 in the amount of 54617.00 for compensation of back wages to affected Police Officers as directed by the Department of Labor, Wage and Hour Division and the Garcia Decision. 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 AMENDMENT TO THE POSITION CLASSIFICATION PLAN: The City Manager presented the staff report dated July 16, 1990, which proposed classification and compensation amendments for two regular full-time positions, Risk Manager and Media Services Aide and one regular part-time position, Playground Specialist. It was moved by Councilmember Kerry and seconded by Councilmember Arnold to continue this item to the meeting of August 13, 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 REQUEST TO PURCHASE AN AD IN A SPECIAL EDITION OF THE LONG BEACH PRESS TELEGRAM HIGHLIGHTING CITIES: The City Manager presented the staff report dated July 18, 1990, which represented a request from the Long Beach Press Telegram for the City to purchase an ad in their August 22 special edition featuring all cities covered by their paper. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to receive and file the report. The motion unanimously carried by the following roll call vote: 13 4~~ City Council Minutes July 23, 1990 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 N0. 40100 - 40337: It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve Warrants No. 40100 through 40337 in the amount of 5658,759.73. 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 Recreation $ Park District Matters: f CONSIDERATION OF COMMUNITY CENTER USE POLICY: Due to the lateness of the hour, it was moved by Councilmember ~4rnold and seconded by Councilmember Bowman that this item be continued to the Council meeting of August 13, 1990. She requested that the item be placed on the Agenda as early as possible. 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 ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Kerry mentioned that many people had approached her expressing their concern about the water shortage and she asked that ways the City can help conserve water be placed on the next Agenda for discussion. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 1:25 a.m. to Monday, August 6, 1990 at 5:00 p.m, in the Administrative Conference Room. 0 OF THE CITY CYP ES ATTEST: ~ _ CIT L R F HE CI OF CYPRESS 14