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Minutes 91-02-11 .1~4 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 11, 1991 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, February 11, 1991, in the Administrative Conference Room, Cypress City Hall (West Wing), 5275 Orange Avenue, Cypress, Mayor Walter Bowman presiding. PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members DeCarlo, Hill, Storey and Thomas. WORKSHOP SESSION: Mid-Year Budget Review: The Council entered a workshop session for discussion of the Mid-Year Budget Review to determine the position of the City in terms of the mid-year revenues and expenditures and the position with the reserve funds and, basically a short look into what will be estimated for next year's budget. Council received those documents and gave staff direction in reviewing other revenue sources and asked that the fee study consultant return to a workshop session at the next regular meeting. Financing Alternatives for the Senior Center Facility: The second workshop addressed financing alternatives for the Senior Center Facility estimated to cost $2.5 million. Council asked staff to prepare a report for the next Council meeting considering the possibility of issuing bonds for the refinancing of the Civic Center as a source of revenue along with some additional funds that are available from the Recreation and Park District. RECESS: Mayor Bowman recessed the meeting at 5:40 p.m. to enable the Council to reconvene in the Council Chamber. The meeting was called to order at 5:55 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Bacock, DeCarlo, Hill, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF RETENTION OF PROFESSIONAL SERVICES FOR PREPARATION OF AN UPDATE OF THE CITY'S MASTER PLAN OF DRAINAGE, PUBLIC WORKS PROJECT NO. 9038: The Acting Public Works Director summarized the staff report dated January 31, 1991, which indicated that there have been no updates or studies to the Master Plan of Drainage since 1976 and the City has undergone major development in all areas, flood control design parameters have changed and costs of construction have increased significantly since that time. Six civil engineering consultants submitted formal proposals to update the City's Drainage Master Plan. The firm of Norris-Repke, Inc. was selected by Staff as the most qualified; however, the firm's cost proposal indicated a fee of $68,000 and staff negotiated with them to bring the cost to $58,000, closer to the budgeted amount of $50,101. It was moved by Councilmember Age and seconded by Councilmember Partin to: 1) appropriate an additional $8,700 from the fund balance of the Plan Local Drainage Facility Fund into Account No. 4186-26-435-24; and 2) retain the professional services of Norris-Repke, Inc., 2882 Walnut Avenue, Suite A, Tustin, CA for the preparation of a Master Plan of Drainage Update, for a fee not to exceed $58,800.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF AN ADDITION TO THE MAINTENANCE BUILDING AT ARNOLD/CYPRESS PARK, PUBLIC WORKS PROJECT NO. 9026: The City Manager requested that this item be continued for further staff consideration of the budget account. It was moved by Councilmember Age and seconded by Councilmember Partin to continue this item to February 25, 1991. The motion unanimously carried by the following roll call vote: r / r 16.E City Council Minutes February 11, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman 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. Mayor Bowman requested that the City Council Minutes of January 28, 1991 and Consideration of Orange County Employment Relations Consortium Contract Renewal items be removed from the Consent Calendar. Councilmember Partin asked that Item No. 12, Consideration of Additional Appropriation of Funds for the Construction and Widening of Juanita Street at the Carbon Creek Channel, County of Orange Flood Control District Project Agreement No. D88-029, City of Cypress Project No. 885D be removed for discussion. It was moved by Councilmember Age and seconded by Councilmember Nicholson to approve the Consent Calendar Items No. 3 through 21, with the exception of the Minutes and Items No. 12 and 18. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 4: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item No. 5: Consideration of Proclaiming February 10-16, 1991, as "Vocational Education Week". Recommendation: That the Mayor and City Council officially proclaim the period of February 10-16, 1991, as "Vocational Education Week" in the City of Cypress, as requested. Item No. 6: Consideration of Request for Printing of Flyers and Facility Use for the Pro American Rally Supporting the U.S. Troops, Sponsored by The Pro America Alliance (Cypress Chapter). Recommendation: That the City Council approve the use of the Civic Center site facing Orange Avenue for the Pro American Rally supporting the U.S. Troops to be held on Saturday, February 23, 1991, from 10:00 a.m. - 12:30 p.m., and authorize staff to assist in the printing of the flyers. Item No. 7: Consideration of Attendance of the Risk Manager to the Government Risk Management Seminar Sponsored by the Public Risk Management Association. Recommendation: That the City Council authorize the attendance of the Risk Manager, Lauren Ferrell, to the Government Risk Management Seminar, sponsored by the Public Risk Management Association, scheduled to be held on February 25-March 1, 1991, in Tucson, Arizona, and be reimbursed for all actual and necessary expenses incurred. Item No. 8: Consideration of Adoption of Resolution Supporting the Southeast Los Angeles-Western Orange Counties Transportation Study (SELA-WOCTS) Policy Advisory Committee Request for Funding. Recommendation: That the City Council adopt the Resolution by title only, title as follows, supporting the Southeast Los Angeles-Western Orange County Transportation Study Policy Advisory Committee request for funding. RESOLUTION NO. 3891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN SUPPORT OF THE SOUTHEAST LOS ANGELES-WESTERN ORANGE COUNTIES TRANSPORTATION STUDY POLICY ADVISORY COMMITTEE REQUEST FOR FUNDING. Item No. 9: Consideration of Fund Appropriation to Repair Signal Damage at the Midblock Signal Located on Cerritos Avenue, East of Almond Street, and at the Intersection of Bloomfield Street at Lincoln Avenue. Recommendation: That the City Council appropriate $16,000.00 from the fund balance of the General Fund to Account No. 4187-11-215-07 to have the required repairs made to the traffic signal controller cabinets by the City's signal maintenance contractor. 2 h n C' `EIS City Council Minutes February 11, 1991 Item No. 10: Consideration of Additional Fund Appropriation for the Removal and Disposal of City Generated Hazardous Waste. Recommendation: That the City Council: 1) Approve an increase of $4,380.00 to Purchase Order No. 30790 for Disposal Control, Inc., 1369 W. 9th Street, Upland, California 91786; and 2) Authorize the appropriation of $4,380.00 from the fund balance of the General Fund to Account No. 4203-11-214-08 to continue to provide removal, transportation and disposal of City generated hazardous wastes. Item No. 11: Consideration of Request for Encroachment Permit to Install Facilities Within the Public Right-of-Way of Plaza Drive. Recommendation: That the City Council authorize issuance of an encroachment permit to McDonnell Douglas Realty Company for the installation of an underground utility line in Plaza Drive. Item No. 13: Consideration of Designation of Standby Officers for City Disaster Plan. Recommendation: That the City Council adopt the Resolution by title only, title as follows, establishing and appointing standby officers for the purpose of compliance with the State Emergency Services Act, Government Code Section 8638. RESOLUTION NO. 3892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AND APPOINTING STANDBY OFFICERS FOR PURPOSES OF COMPLIANCE WITH THE STATE EMERGENCY SERVICES ACT, GOVERNMENT CODE SECTION 8638. Item No. 14: Consideration of Employment List -Assistant Planner. Recommendation: That the City Council certify the Employment List for the position of Assistant Planner as submitted. Item No. 15: Consideration of Attendance of the Personnel Director to the International Personnel Management Association (IPMA) Conference. , Recommendation: That the City Council approve the attendance of Gary Bacock, Personnel Director, to the IPMA Western Region Conference scheduled to be held on ` March 25-28, 1991, in Phoenix, Arizona, and be reimbursed for all actual and necessary expenses incurred. Item No. 16: Consideration of Resolution Commending Jaunetta "Johnnie" Strohmyer - 1991 Americana Award Recipient From the City of Cypress Presented by the Cypress College Foundation. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Jaunetta "Johnnie" Strohmyer for being selected as the 1991 Americana Award recipient from the City of Cypress presented by the Cypress College Foundation. RESOLUTION NO. 3893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING JAUNETTA "JOHNNIE" STROHMYER FOR BEING SELECTED AS THE 1991 AMERICANA WARD RECIPIENT FROM THE CITY OF CYPRESS PRESENTED BY THE CYPRESS COLLEGE FOUNDATION. Item No. 17: Consideration of Proclaiming March 1991, as "Women's History Month". Recommendation: That the Mayor and City Council officially proclaim March 1991, as "Women's History Month" in the City of Cypress. Item No. 19: Consideration of Amendment to the City of Cypress/Cypress Recreation and Park District Personnel Rules and Regulations, Chapter 10, Other Leaves of Absence, Section 10.03, Military Leave of Absence. Recommendation: That the City Council, and acting as the ex officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, amending Chapter 10, Other Leaves of Absence, Section 10.03, Military Leave, of the City/District's Personnel Rules and Regulations. 3 City Council Minutes February 11, 1991 RESOLUTION NO. 3894 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, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 1635, RULES AND REGULATIONS, CHAPTER 10, SECTION 10.03, CONCERNING MILITARY LEAVE FOR EMPLOYEES OF THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Item No. 20: Consideration of Request for Extension of Conditional Use Permit No. 89- 33, Four (4) Unit Apartment Complex, 8705 La Salle Street Recommendation: That the City Council approve the extension of Conditional Use Permit No. 89-33 for a one (1) year period, which will then expire on February 12, 1992. Recreation and Park District Matters: Item No. 21: Consideration of Donation of Funds Received From Soroptimist International of Cypress, Service Fund. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, formally accept the donation in the amount of $30.00 from the Soroptimist International of Cypress, and appropriate $30.00 from the Cypress Recreation and Park District General Fund balance to Account 4187-12-317-10, for the use in the repair of the organ at the Cypress Senior Citizens Center. END OF CONSENT CALENDAR Regarding Consideration of the Additional Appropriation of Funds for the Construction and Widening of Juanita Street at Carbon Creek Channel, County of Orange Flood Control District Project Agreement No. D88-029, City of Cypress Project No. 8850. Councilmember Partin asked what happened to the footbridge that was there and the Acting Public Works Director responded that it is now in the Maintenance Yard. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to: 1) Accept the construction and widening of Juanita Street at Carbon Creek Channel, Project No. 8850, as being satisfactorily completed in accordance with the Plans and Specifications; 2) Authorize the appropriation of $18,550.79 from the fund balance of the General Fund to Account No. 4186-11-453-21; and 3) Approve payment to Orange County Flood Control District, P.O. Box 567, Santa Ana, California 92702, of the balance amount of $33,413.79. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Consideration of Orange County Employment Relations Consortium Contract Renewal, Mayor Bowman requested an explanation of the costs in the recommendation and also in the warrants. The Personnel Director responded that the contract renewal fee was for general advice on policy and other matters. Anything relating to a specific case would be billed separately as shown in the warrant list. It was moved by Councilmember Partin and seconded by Councilmember Kerry to approve the City's membership in the Orange County Employment Relations Consortium, and authorize the Personnel Director to execute the Agreement for Special Services with Liebert, Cassidy and Frierson for 1991, in the amount of $1,550. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Partin, Nicholson and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding the Minutes of January 28, 1991, the City Attorney referred to the item regarding the revocation of Use Permit Certificate No. 3373 and Use Permit Certificate No. 3048 - Kipperdale Kennels, page 13, 6th paragraph, the last line, change the word "permit" to "permits" and "denied" to "revoked." In the 7th paragraph, same page, 5th line, change "denied" to "revoked" and "permit" to "permits." It was moved by Councilmember Kerry and seconded by Councilmember Partin to approve the Minutes of January 28, 1991, as amended. The motion unanimously carried by the following roll call vote: 4 /6~ City Council Minutes February 11, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Age and seconded by Councilmember Kerry to order the following Ordinance read by title only, title as follows and to adopt the Ordinance establishing procedure for compliance with open meeting requirements. ORDINANCE NO. 860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING AND AMENDING SECTIONS 2-2.0, 2-2.1, 2-2.4(B), 2-2.4.1, AND 2-2.12, AND ESTABLISHING PROCEDURES FOR COMPLIANCE WITH OPEN MEETING REQUIREMENTS AND ADDING SUBSECTIONS (C) AND (D) TO SECTION 2-2.10, PERTAINING TO MINUTES OF BOARD AND COMMISSION PROCEEDINGS, TO THE CODE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Partin to order the following Ordinance read by title only, title as follows and to adopt the Ordinance approving Amendment No. 1 to Development Agreement No. 90-1. ORDINANCE NO. 861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 90-1 BETWEEN THE CITY OF CYPRESS AND THE CYPRESS DEVELOPMENT PARTNERSHIP. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, denying without prejudice amendment to CUP 76-11. RESOLUTION NO. 3895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING WITHOUT PREJUDICE AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-11 (USE OF EIGHT PARKING SPACES FOR RECREATIONAL ACTIVITIES AT GRACE COMMUNITY CHURCH OF CYPRESS, 4421 CERRITOS AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving Tentative Parcel Map No. 90-400. RESOLUTION NO. 3896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 90-400 -WITH CONDITIONS (SUBDIVIDE ONE PARCEL INTO TWO FOR BUSINESS PARK DEVELOPMENT, NORTHWEST CORNER OF DOUGLAS DRIVE AND PLAZA DRIVE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, denying public nuisance appeal by Mrs. Norma Nielson. 5 ass City Council Minutes February 11, 1991 RESOLUTION 3897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING THE APPEAL FILED BY MRS. NORMA NIELSON OF THE PLANNING DIRECTOR'S DECEMBER 4, 1990 DECLARATION THAT A PUBLIC NUISANCE EXISTS AT KIPPERDALE KENNELS LOCATED AT 8331 AND 8321 DENNI STREET IN CYPRESS, CALIFORNIA. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, revoking Use Permit Certificates 3373 and 3048 (Kipperdale Kennels). RESOLUTION NO. 3898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REVOKING USE PERMIT CERTIFICATE NO. 3373 AND USE PERMIT CERTIFICATE NO. 3048 (KIPPERDALE KENNELS, 8331 AND 8321 DENNI STREET). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Bowman called a recess at 6:07 p.m. to allow the City Council to enter into closed session to discuss personnel and litigation matters. The meeting reconvened at 7:39 p.m. with all Councilmembers present and staff members Bacock, Eynon, Hill, Storey, Thomas and Wicker also present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Partin. PRESENTATION: The City Manager administered the Loyalty Oath and Mayor Bowman presented the Certificate of Appointment to newly appointed Cultural Arts Commissioner, Penelope Brown. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Councilmember Kerry thanked the Kiwanis Club, who provided funds for the purchase of materials for the three foot wide yellow ribbon and bow on the front of the Council Chamber, Instant Printing for providing the material at cost and Latricia's Flowers who made the bow. Councilmember Kerry asked that the issue of the $15,000 expense for the Nature Park fence be placed on the February 25, 1991 agenda for discussion. The City Manager reviewed the discussions held during the 4:30 p.m. workshop sessions and the actions taken during the 5:30 p.m. portion of the Council agenda. The City Attorney summarized discussions held during Closed Session on personnel issues regarding the status of salary and benefit discussions with the various employee associations, a litigation item on property acquisition involving the Davison property, a new claim involving a number of cities in Orange and Los Angeles Counties, Potlatch- Simpson litigation and the Density Bonus Ordinance. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. Ms. Pamela Janowiak requested that the public hearing regarding the application for live entertainment be moved forward. Councilmember Age commented that this item will be heard first because the other two items are being continued. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO RESIDENTIAL DENSITY BONUS POLICY NO. 90-5, SECTION 9.2 OF THE CYPRESS ZONING ORDINANCE: Mayor Bowman opened the public hearing and requested a motion to continue. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to February 25, 1991. Councilmember Partin asked if the item could be heard at a date later than February 25. Councilmember Age amended her motion to continue the item to March 25, 1991 and Councilmember Nicholson concurred. The motion unanimously carried by the following roll call vote: 6 ~ 1'~ 0 City Council Minutes February 11, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90-6 -SECTION 9.3 (A) PERFORMANCE STANDARDS: RESIDENTIAL ZONES PERMITTING AIR-CONDITIONING UNITS AND MECHANICAL EQUIPMENT IN SIDE YARD SETBACKS: The public hearing was opened by Mayor Bowman. The City Manager requested additional time to conclude discussions with the Orange County noise consultant who has expressed some concerns regarding implementation and recommended continuation to February 25, 1991. It was moved by Councilmember Kerry and seconded by Councilmember Age to continue this item to the meeting of February 25, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: NONE ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT -BREAKER'S COCKTAILS & POOL, 4360 LINCOLN AVENUE, CYPRESS: Mayor Bowman declared the public hearing open. The City Manager referred to the staff report dated February 6, 1991, which described an application submitted for a Live Entertainment Permit by Ms. Pamela R. Janowiak, D.B.A. Breaker's Cocktails & Pool, to allow aone-two piece band or a D.J. to entertain at the premise on Fridays and Saturdays from 9:00 p.m. to 1:00 a.m. and to allow dancing by the patrons. The Affidavits of Posting, Publication and Mailing of the Public Hearing Notices on this matter are on file in the Office of the City Clerk and, as of this date, no written communications either in favor or in opposition to the requested permit have been received. As indicated the applicant is installing an "Emergency Exit Only" door on the rear exit which will not be standing open during business hours. Pursuant to Section 9-8 of the City Code, the Council may issue or deny the permit upon a determination as to whether or not the operation of the trade, occupation or business by the applicant, and live entertainment will comport with the peace, health, safety, convenience, good morals and general welfare of the public or that the applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral character, intemperate habits, or bad reputation for truth, honesty or integrity. Ms. Pamela Janowiak, D.B.A. Breaker's Cocktails & Pool, 4360 Lincoln Avenue, Cypress, explained that there are restrooms, a maintenance/storage room and kitchen at the back of the building and the dance floor and entertainment stage is in the center of the building. The emergency exit door at the rear of the building will be alarmed. No one wished to speak in support of or in opposition to the application. Councilmember Age stated that she was hesitant about approving live entertainment permits because there has been problems with them in the past; however, she would support this application with the applicant's understanding that it will come before Council if complaints are received. She also asked the Police Chief to apprise Council of any complaints received. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing and approve the permit with the following conditions: rear exit door to remain closed at all times and the City Council reserves the right to reconsider the granting of this entertainment permit in the event that noise or other problems associated with the operation at the premise rises to a level which is of concern to the adjacent property owners. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-2, 15 CONDOMINIUM UNITS AND TENTATIVE TRACT MAP NO. 14420 -5409, 5411, 5421, 5431, 5433 CAMP STREET: Mayor Bowman opened the public hearing. The Planning Director summarized the staff report dated January 30, 1991, which represented a request to construct IS condominium units on the property located at 5409, 5411, 5421, 5431 and 5433 Camp Street. This application also includes a tentative tract map to consolidate three parcels into one and to create air space ownership units for condominiums. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Mrs. Eynon presented a modification dated February 11, 1991 amending the staff report which indicated that a storm drain improvement was to be installed by the developer and he will be reimbursed for the 7 City Council Minutes February 11, 1991 subsequent developer's share of the cost. It has been determined that this policy decision can affect future development projects in the City of Cypress and the matter needs further consideration; therefore, staff is modifying the intent of the staff report to indicate that, at this time, no reimbursement agreement is proposed 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 site. To date, no communication has been received regarding this application. Mr. Kerry Henard, 5502 Roundup Road, Norco, in response to comments from Council, stated he tries to build for the long term and that does cost more money. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the project. No one did so. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 91-2, and Tentative Tract Map No. 14420, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION OF A SPECIAL PERMIT - MR. STEVEN BESAW, D.B.A. STEVEN'S LIGHT BULB SALES: Mayor Bowman opened the public hearing and stated there was a request for a continuance. The City Manager advised that the applicant has requested that his application be withdrawn and the City Manager recommended the report be received and filed. It was moved by Councilmember Partin and seconded by Councilmember Kerry to receive and file. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: RELOCATION PERMIT NO. 91-1, RELOCATE VESSELS' RANCH HOUSE FROM 4561 KATELLA AVENUE TO 5100 CERRITOS AVENUE -GRACE CHURCH: The public hearing was opened by Mayor Bowman, who indicated that the applicant has requested a continuance. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue the hearing to February 25, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 90-245, DIVISION OF ONE PARCEL INTO TWO PARCELS, 4961 KATELLA AVENUE: Mayor Bowman declared the public hearing open. The Planning Director presented the staff report dated February 1, 1991, which represented a request to subdivide one existing parcel into two new parcels. The largest parcel (Parcel 1) will be approximately 117 acres in area and the smaller parcel (Parcel 2) will be approximately 12 acres in area. The property is located at 4961 Katella Avenue. She presented revised Conditions No. 7 and 11 to the Council. Condition No. 11 referred to the irregular shape of Parcel 2 which could affect the viability of Parcel 1 if there were a change in use from a race course and required an amendment to the Cypress Business and Professional Center Development Agreement No. 90-1. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of this public hearing were posted, published and mailed to the property owners within a 300 foot radius of the subject property. To date, staff has not received comments regarding this matter. Mr. Lloyd Arnold, Los Alamitos Race Course, stated that he was aware of the two amended conditions and agreed to comply with those conditions. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Nicholson and seconded by Councilmember Age to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act and approve Tentative Parcel Map No. 90-245, subject to conditions as amended. The motion unanimously carried by the following roll call vote: 8 r~'4 ~~~t ~ ~ rJ ~ City Council Minutes February 11, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEAR RE: VARIANCE NO. 90-23 -REDUCTION IN NUMBER OF REQUIRED PARKING SPACES FOR CONVERSION OF A SINGLE- FAMILY HOME INTO A CHAPEL, 8522 WALKER STREET: Mayor Bowman opened the public hearing and referred to the staff report dated February 1, 1991 which recommended continuance. It was moved by Councilmember Partin and seconded by Councilmember Kerry to continue this item to the Council Meeting of February 25, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-1, RECREATIONAL VEHICLE AND BOAT STORAGE YARD, 5800 LINCOLN AVENUE: The Mayor opened the public hearing and referred to the staff report dated February 1, 1991 which requested a continuance. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue the application to the meeting of February 25, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF THE REMOVAL OF A STREET TREE AT 9951 WALKER STREET: The Acting Public Works Director presented the staff report dated January 31, 1991, which represented a request from Mr. Ken O'Neal, Property Manager of 9951 Walker Street to remove a City tree because it partially blocked the view of his vacant rental property. Mr. James Delehoy, a prospective tenant for the 9951 Walker Street building, also requested removal of the tree. In conformance with previous Council direction, staff does not remove healthy trees which are not damaging public improvements or that do not pose a threat to public safety. Councilmember Kerry stated that she had passed by the property and noted that there is a large sign beside the building which is definitely blocked by the tree and she had asked the Planning Department for suggestions on moving the sign. The Planning Director stated that preliminary research has been performed and it will take more involved research because they must go back to the original permits that were issued on each of the developments in that center to determine the authorizations for the different signs because they come under nonconforming uses and older codes. Mr. James Delehoy, 520 S. Sonia Street, Anaheim, emphasized that he has signed a five year lease so he is committed to the space. The area could use improvement and there has been a substantial amount of money set aside for building improvements both inside and out by the Dairy Queen Corp. He felt that the tree blocking his building was a detriment to his revenue potential and when the tree is trimmed severely to eliminate the obstruction, it does not present a pleasant appearance. Councilmember Kerry mentioned that where the present sign is located is not very effective and suggested the applicant might consider a different type of signage where people can see it. She was not convinced that the removal of the tree would solve the problem. Mr. Delehoy stated he felt that the visibility of the building itself is being obstructed by the tree. Councilmember Nicholson advised that she was not in favor of removing healthy trees and she suggested other placement of the signage. After some discussion, Councilmember Partin stated he found no redeeming value in that tree, the center has had a tremendous amount of problems and has now lost its only anchor. He agreed totally that the trees must be protected, especially in the residential neighborhoods, but when it blocks a viable business, we must be more understanding of what's happening in the business world. He also stated he would be in favor of taking the tree out and putting something in its place. Councilmember Age suggested removing the present tree and replacing it with a different type of tree. 9 City Council Minutes February 11, 1991 Mayor Bowman expressed the opinion that he would be in favor of removing the tree. Responding to Councilmember Age, Mr. Delehoy replied that he would be willing to pay for some of the cost of relocating a tree to a different part of the sidewalk. Mr. Ken O'Neal, E1 Toro, stated that the Property Management Company would not have a problem relocating the tree further south on the sidewalk and they do believe it obstructs the signage. Councilmember Kerry asked that prior to making a decision on the removal of the tree the Public Works Director determine if the tree can be moved to the south. She asked that this item be continued and brought back to Council with additional information. It was moved by Councilmember Kerry and seconded by Councilmember Age to continue this item to the meeting of March 25, 1991 for options. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF THE BIKE PATH SOUTH OF STANTON CHANNEL BETWEEN VALLEY VIEW AND KNOTT STREETS: The Acting Public Works Director summarized the staff report dated February 4, 1991, which indicated a petition had been received signed by numerous residents of the College Park Cypress housing development stating that they were concerned about break-ins and other criminal activity in the area and they believed that these activities stem from the ease of access that is provided to the residences by the Stanton Channel bike trail. The petition also stated that this situation was previously brought to Council's attention. The Police Chief's summary stated there are 94 residences that have frontage or back up to the bike path and that of the 334 crime related events that took place in the past two years in the area, 21 were related to these residences. Responding to Mayor Bowman, the Police Chief believed that the wall between the channel conceals those residents in terms of visibility and provides an escape route for persons whose crimes may have bene perpetrated elsewhere in those districts. Councilmember Kerry stated that the owners might want to consider raising the height of the rear block wall. Mayor Bowman asked if anyone wanted to speak on the item. Mr. Ken Rasmussen, 6081 Barbados Avenue, Cypress, explained the handouts that he presented to the Council a~td he indicated that many instances have not been reported. He asked Council to consider moving the path that runs along the south of the channel between Valley View and Knott to the north of the channel and permanently close the access to the path by putting a brick wall on the existing openings. Councilmember Kerry asked Mr. Rasmussen if he wanted to take over the property, would he be willing to pay for moving the bike path. Mr. Rasmussen responded that was an initial request, but they are not considering that now, but want to have their houses more secure. Mr. Chris Gabrick, 6041 Barbados Avenue, Cypress, stated that with the berm at the channel, the bike trail is not a place anyone wants to be at night and for security reasons, the trail should be closed. He also provided some other options should a closure not be feasible. After some discussion, the City Attorney mentioned that the use of this property may be restricted for flood control purposes and even if the trail were closed, a public hearing would need to be held prior to any closure. Mr. Lloyd Hexum, 6171 Barbados Avenue, Cypress, advised that he was an original owner, this subject has been before Council many, many times in the past and the City has come up with so many reasons why they can't do it. He suggested that Council determine what the problem is, what the property owners want and then make a decision. Councilmember Nicholson suggested that this item be continued because more information is required. Mr. Tom Mesa, 6091 Barbados Avenue, Cypress, commented that the bike trail is a matter of public safety and it is a bike trail that only goes between Valley View and Knott Avenue. Mr. Roger Bonham, 5962 Paradise Circle, Cypress, stated that he rides 18 miles to Anaheim Hills each day by way of Orangewood Avenue. He advised that the calling this 10 i/~ f/ r City Council Minutes February 11, 1991 a "bike path" was a misnomer and it is just a place for kids to play and robbers to make an exit. Mr. Dave Spira, 6051 Barbados Avenue, Cypress, stated he has observed people who have reached over the fence and have taken bags of something. It seems a situation exists where there is very little attention paid to this area and these paths are larger problem areas then they are solutions. The issue is that the path has become a problem with the possibility of becoming larger in the future. He suggested a study be performed to determine how frequently the path is used because he believed there was a misunderstanding about the frequency of use and quite often it is not used at all. Councilmember Age commented that this particular bike trail doesn't go anywhere and wouldn't be advantageous to anyone who is a true cyclist. She would not be opposed to having City staff study the issue and return to Council with options and recommendations. She stated she would not be opposed to closing the path if it was a recommendation. Councilmember Kerry stated she felt the north side of the channel would be much more desirable for the bike trail. There are people who jog, walk and walk their dogs that might object to closing the path but Council needs staff to advise them what options are available because that property does belong to the County. Mayor Bowman stated he would agree with the neighbors, he has been over there and he hasn't seen the trail being used. Ms. Pam Berg, 6061 Barbados Avenue, Cypress, stated that walking the bike path is boring, unsafe and there was no escape if she was confronted. Ms. Mary Rasmussen, 6081 Barbados Avenue, Cypress, advised that the residents are so afraid of what goes on around the bike trail. Councilmember Partin mentioned that this issue has come before Council before, a very thorough study was done at that time and use of the north side would require construction of another fence at the edge of the berm. Rather than put a lot of emphasis on changing to the north side, he suggested closure because it would be a lot sounder financially and safer. He asked about solar-powered lighting fixtures or allowing the City to put poles up and tap into house power rather than closing or forcing the path to the north side. Councilmember Nicholson requested the Police Chief to report back on the area where a bike path previously was closed to see if they are still having a crime problem. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to April 22, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CYPRESS CITY NEWS: The City Manager introduced the staff report dated January 22, 1991, which can be divided into two phases, the second phase might require more information. Staff has reviewed the newsletter and recommended that a professional service contract be awarded to Ms. Penny Dash for assistance in writing news articles and updating the newsletter logo and format. The update of the newsletter and change in format was the phase that Council might desire further discussion and information. Councilmember Nicholson stated the newsletter is pretty but it is old news and she asked if there was any way to publish information that is not two months old. The City Manager advised that the newsletter is sent to everyone, it has a different approach on the news and, with Penny's help, more professionalism could be included in the copy and format. Councilmember Kerry had some concerns regarding the format changes and requested further review before it is approved. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to authorize staff to contract for professional writing services, on a trial basis, with Ms. Penny Dash at the hourly rate of $15.00, not to exceed $2000.00. The motion unanimously carried by the following roll call vote: 11 /`7.~ City Council Minutes February I1, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to continue the discussion of the newsletter format changes to the meeting of March 25, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 43296 - 43575: It was moved by Councilmember Partin and seconded by Councilmember Age to approve the Warrants No. 43296 through 43575 in the amount of $1,021,814.26. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Partin reminded the audience that the City had joined forces with the Pro America Alliance to promote support for U.S. Troops in the Persian Gulf. On February 23, 1991, there will be a demonstration rally in front of Cypress High School, and a march to the Civic Center for the Rally. He asked all the citizens to participate and to accept the event in the manner in which it is presented to show the troops that they will not be subjected to the same reception received by Viet Nam veterans. He stated that they did not start the war, they are an all-volunteer army and they are doing their duty. He asked that the participants bring banners, posters, signs of support and wear red, white and blue. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 10:15 p.m. to Tuesday, February 19, 1991 at 5:00 p.m., in the Administrative Conference Room for a workshop session. ATTEST: 12