Minutes 91-09-23
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 23, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:01
p.m., Monday, September 23, 1991, in the Administrative Conference Room, 5275
Orange Avenue, Cypress, by Mayor Walter Bowman.
PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
The City Council conducted interviews of the two applicants for the position
of Senior Citizens Commission Alternate.
RECESS: Mayor Bowman recessed the meeting at 5:24 p.m. to enable the Council
to reconvene in the Council Chamber. The meeting reconvened at 5:36 p.m. with
all Councilmembers present. Also present were Acting City Manager David
Barrett, Acting City Attorney John Cavanaugh and staff members Bacock,
DeCarlo, Donovan, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF AWARD OF CONTRA T FOR LEAS OF UNDERCOV R DETFrTrvF CAR: The
staff report dated September 10, 1991 indicated that the Police Department's
Special Enforcement Team has maintained two lease cars for its operations.
The leases with Selman Chevrolet expired in August. Inquiries were made of
four automobile leasing agencies and the rate quoted from Selman Chevrolet was
the most acceptable at $450 a month. This rate allows for the mileage
required and is the only option that allows the flexibility of trading the car
should the need arise.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
award a contract for a one year lease of one 1990 automobile from Selman
Chevrolet, 1800 East Chapman, Orange, CA 92666 in the annual amount of $5,400.
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 PURCHAS OF ONE RIDE-ON MOWER, REQUEST
FOR QUOTATION N0. 9192-03 The Public Works Director presented the staff
report dated September 11, 1991, which indicated that four bids were received
to supply one Gravely Promaster, Model 20-H, or equal, ride-on mower. The
lowest bid was submitted by Pacific Turf Equipment of Monterey Park and
included a trade-in allowance of $200.00.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
determine Pacific Turf Equipment, 774 Monterey Pass Road, Monterey Park, CA
91754-3668, to be the lowest responsible bidder; and authorize staff to issue
a purchase order for purchase of one (1) ride-on mower, as described in
Request for Quotation No. 9192-03, in the amount of $5,993.42. 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 ON (1) CONCRETE MONUMENT SIGN, REQUEST
.FOR QUOTATION N0. 9192-01: The Acting City Manager stated that he had just
received a report from the Public Works Director indicating that certain
irregularities in the contract documents had appeared which needed
clarification before proceeding with the recommendation for the construction
and installation of the monument sign at the Cypress Community Center in Oak
Knoll Park.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue this item to the Council meeting of October 28, 1991. The motion
unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES September 23, 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.
Councilmember Kerry requested that Item No. 27, Consideration of an
Application for an Original Type "41" Alcoholic Beverage License for the
Woodfin Suite Hotel, be removed. Mayor Bowman asked that Item No. 18,
Consideration of Appropriation of Funds to Pay for Underground Storage Tank
State Surcharge Fee and Item No. 19, Consideration of Approval of the Plans
and Design of the Cypress Senior Citizens Center, Public Works Project No.
9033 and any other items concerning Government Code Section 830.6 be
discussed.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
approve the Consent Calendar Items No. 5 through 29 with the exception of
Items No. 18, 19 and 27. 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. 5: Consideration of Approval of City Council Minutes of September 9,
1991.
Recommendation: That the City Council approve the Minutes of September 9,
1991, as submitted.
Item No. 6: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 7: Consideration of Proclaiming October 1991, as "United Way Month".
Recommendation: That the Mayor and City Council officially proclaim October
1991, as "United Way Month" in the City of Cypress.
Item No. 8: Consideration of Monthly Investment Program for the Month of
August 1991.
Recommendation: Receive and file.
Item No. 9: Consideration of Proclaiming October 1991, as "Breast Cancer
Awareness Month".
Recommendation: That the Mayor and City Council officially proclaim October
1991, as "Breast Cancer Awareness Month" in the City of Cypress.
Item No. 10: Consideration of Design Review Committee's Approval of DRC #91-
20.
Recommendation: Receive and file.
Item No. 11: Consideration of Claim Filed by Attorney Dennis F. Minna, On
Behalf of Yolanda Terrazas, Angel Terrazas, Raul Terrazas, a Minor, by and
Through his Guardian Ad Litem, Yolanda Terrazas.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item No. 12: Consideration of Proclaiming the Week of October 6-12, 1991, as
"Fire Prevention Week".
Recommendation: That the Mayor and City Council officially proclaim the week
of October 6-12, 1991, as "Fire Prevention Week" in the City of Cypress.
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CITY COUNCIL MINUTES September 23, 1991
Item No. 13: Consideration of Authorization for the Data Processing Manager
to Attend the Annual COMDEX Computer Exhibition.
Recommendation: That the City Council authorize the attendance of Don
Casados, Data Processing Manager, to the annual COMDEX Computer Exhibition to
be held on October 24-25, 1991, in Las Vegas, Nevada, and be reimbursed for
all actual and necessary expenses incurred.
Item No. 14: Consideration of Proclaiming October 16, 1991, as "World Food
Day" and the Week of October 13-19, 1991, as "Hunger Awareness Week".
Recommendation: That the Mayor and City Council officially proclaim October
16, 1991, as "World Food Day" and the week of October 13-19, 1991, as "Hunger
Awareness Week" in the City of Cypress.
Item No. 15: Consideration of Proclaiming October 6-12, 1991, as "Local Cable
Programming Week".
Recommendation: That the Mayor and City Council officially proclaim the week
of October 6-12, 1991, as "Local Cable Programming Week" in the City of
Cypress.
.Item No. 16: Consideration of Proclaiming October 24, 1991, as "United
Nations Day".
Recommendation: That the Mayor and City Council officially proclaim October
24, 1991, as "United Nations Day" in the City of Cypress.
Item No. 17: Consideration of Appropriation of 1990-91 Encumbrances - City.
Recommendation: That the City Council: 1) Authorize appropriations per
Exhibit A attached to the staff report, totaling $2,062,912, to the funds
listed below:
General Fund 11 $1,375,658
2106 Gas Tax Fund 22 196,000
Intra Governmental Services Fund 90 248,562
Sanitary Sewer Fund 41 40,000
Community Redevelopment Fund 35 121,945
Asset Seizure Fund 28 2,237
Drainage Fund 26 56,628
Acacia Drive Water Line Assessment Dist. 32 21,882
and 2) Authorize estimated revenues for Capital Projects per Exhibit B
attached to the staff report, totaling $97,882, to the funds listed below:
General Fund 11 $76,000
Acacia Drive Water Line Assessment Dist. 21,882
Item No. 20: Consideration of Approval of the Specifications for the Asbestos
Abatement of the City of Cypress Council Chamber, Public Works Project No.
9113.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, approving the specifications for the Asbestos Abatement of
the City of Cypress City Council Chamber, Public Works Project No. 9113.
RESOLUTION N0. 3984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
PLANS AND DESIGN FOR THE WORK ON PUBLIC PROPERTY, THE ASBESTOS ABATEMENT
OF THE CITY OF CYPRESS CITY COUNCIL CHAMBER, PUBLIC WORKS PROJECT N0.
9113, FOR PURPOSES OF THE IMMUNITY PROVIDED BY GOVERNMENT CODE SECTION
830.6.
Item No. 21: Consideration of Approval of the Plans and Design for the
Removal and Installation of Irrigation System Valves and Controllers at the
City of Cypress Civic Center, Public Works Project No. 9107.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, approving the plans and the design for the Removal and
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CITY COUNCIL MINUTES September 23, 1991
Installation of Irrigation System Valves and Controllers at the City of
Cypress Civic Center, Public Works Project No. 9107.
RESOLUTION N0. 3985
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
PLANS AND DESIGN FOR THE CONSTRUCTION OF PUBLIC PROPERTY, THE REMOVAL
AND INSTALLATION OF IRRIGATION SYSTEM VALVES AND CONTROLLERS AT THE CITY
OF CYPRESS CIVIC CENTER, PUBLIC WORKS PROJECT N0. 9107, FOR PURPOSES OF
THE IMMUNITY PROVIDED BY GOVERNMENT CODE SECTION 830.6.
Item No. 22: Consideration of City Council Policy - Temporary Hiring Freeze
Amendment #1.
Recommendation: That the City Council adopt the City Council Policy on
Temporary Hiring Freeze, Amendment #l, as submitted.
Item No. 23: Consideration of Approval of the Plans and Design for the
Reconstruction of the Parking Lot at the Cedar Glen Park, Public Works Project
No. 9118.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, approving the plans and the design for the Reconstruction of
the Parking Lot at the Cedar Glen Park, Public Works Project No. 9118.
RESOLUTION N0. 3986
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
PLANS AND DESIGN FOR THE CONSTRUCTION OF PUBLIC PROPERTY, THE
RECONSTRUCTION OF THE CEDAR GLEN PARK PARKING LOT, PUBLIC WORKS PROJECT
N0. 9118, FOR PURPOSES OF THE IMMUNITY PROVIDED BY GOVERNMENT CODE
SECTION 830.6.
Item No. 24: Consideration of City of Santa Clarita's Resolution Expressing
Concern for American POW/MIA Members.
Recommendation: That the Mayor and City Council officially proclaim September
26, 1991, as "POW/MIA Recognition Day" in the City of Cypress and adopt the
Resolution by title only, title as follows, expressing concern for American
POW/MIA service personnel.
RESOLUTION N0. 3987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
EXPRESSING CONCERN FOR AMERICAN POW/MIA SERVICE PERSONNEL.
Item No. 25: Consideration of Participation in the Orange County Service
Authority for Abandoned Vehicles.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, supporting the plan for a Service Authority for Abandoned
Vehicles in Orange County and the use of the one dollar ($1.00) vehicle
registration fee for the Vehicle Abatement Plan.
RESOLUTION N0. 3988
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING
ESTABLISHMENT OF A SERVICE AUTHORITY FOR ABANDONED VEHICLE ABATEMENT.
Item No. 26: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Stanley C.W. & Wendy Y. Wang, D.B.A. Golden Phoenix
Restaurant, 9927 Walker Street, Cypress.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item No. 28: Consideration of Appointments to the 1991-92 Youth Commission.
Recommendation: That the City Council and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, ratify staff's
recommendations for the 1991-92 Youth Commission and Task Force as outlined in
the report.
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CITY COUNCIL MINUTES September 23, 1991
Item No. 29: Consideration of Appropriation of 1990-91 Encumbrances -
Recreation and Park District.
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, authorize
appropriations per the worksheet attached to the report for encumbrances and
capital projects totaling $667,945 to the General Fund and $4,009 to the Intra
Governmental Services Fund, and authorize estimated revenues in the amount of
$424,263 to the General Fund.
END OF CONSENT CALENDAR
Regarding Item No. 18, Consideration of Appropriation of Funds to Pay for
Underground Storage Tank State Surcharge Fee, Mayor Bowman asked if
underground storage tanks on private property had to be registered. The
Public Works Director responded in the affirmative and once registered, they
are monitored on a regular basis. Mayor Bowman requested that the Public
Works Director determine exactly how the monitoring occurs and if all the
tanks are registered. In regard to Item No. 19, Consideration of Approval of
the Plans and Design of the Cypress Senior Citizens Center, Mayor Bowman asked
for clarification of Section 830.6 of the Government Code. The Acting City
Attorney advised State law recently authorized additional protection to cities
when public construction projects are awarded. If specification plans and
designs are approved by Council, that grants the City immunity from latent or
patent defects from the public project that might occur later.
Regarding Item No. 27, Woodfin's Application for an Original Type "41"
Alcoholic Beverage License, Councilmember Kerry asked if there was a
restaurant in the Woodfin Suites and the other Councilmembers responded in the
affirmative.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson
to: 1) authorize the appropriation of $1,008.00 from the unappropriated fund
balance of the General Fund into Account No. 4162-11-144-03; 2) Receive and
file the Application for an Original Type "41" On Sale Beer & Wine (Public
Eating Place) Alcoholic Beverage License Filed by the L License Corp., D.B.A.
Woodfin Suite Hotel, 5905 Corporate Avenue, Cypress; and 3) Adopt the
Resolution by title only, title as follows, approving the plans and the design
of the Cypress Senior Citizens Center, Public Works Project No. 9033.
RESOLUTION N0. 3989
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
PLANS AND DESIGN FOR THE CONSTRUCTION OF PUBLIC PROPERTY, THE CYPRESS
SENIOR CITIZENS CENTER, PUBLIC WORKS PROJECT N0. 9033, FOR PURPOSES OF
THE IMMUNITY PROVIDED BY GOVERNMENT CODE SECTION 830.6.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT.: 0 COUNCILMEMBERS: None
ORDINANCES ~.$econd Reading) & RESOLUTIONS:
Mayor Bowman and Mayor Pro Tem Partin voted against this item at the last
Council meeting; however, Mayor Pro Tem Partin stated that Mr. Basco
apparently went out and made some remedying changes that will improve
conditions for the neighbors. Since he has done that, Mayor Pro Tem Partin
will approve the change in hours. Mayor Bowman concurred. It was moved by
Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution
by title only, title as follows, amending CUP No. 82-18.
RESOLUTION N0. 3990
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 82-18 - WITH CONDITIONS (H & M
RECREATIONAL VEHICLE STORAGE, 4656 LINCOLN AVENUE).
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES September 23, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Nicholson asked if a copy of the letter could be sent to the
neighbors. Mayor Bowman stated that the Councilmembers had received a letter
from Mr. Basco and asked that a copy be sent to the contiguous property
owners.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, approving CUP No. 91-14.
RESOLUTION N0. 3991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 91-14 - WITH CONDITIONS (ACUPRESSURE CLINIC,
6018 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 Age and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, approving CUP No. 91-15.
RESOLUTION N0. 3992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 91-15 - WITH CONDITIONS (DRY CLEANING
BUSINESS, 11741 VALLEY VIEW, #D).
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 Nicholson to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance amending Article IV and adding Section 9.2.a.5, to "Park
and Recreational Facilities."
ORDINANCE N0. 874
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE
VI, "PARK AND RECREATIONAL FACILITIES," OF CHAPTER 25 OF THE CODE OF THE
CITY OF CYPRESS AND ADDING SECTION 9.2.A.5, "PARK AND RECREATIONAL
FACILITIES," TO APPENDIX I, "ZONING" OF 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
CLOSED SESSION: Mayor Bowman recessed the meeting at 5:51 p.m. to allow the
Council to enter into Closed Sessions to discuss matters of personnel and
litigation. The meeting reconvened at 7:30 p.m. with all Councilmembers
present and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and
Wicker also present.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Cecilia Age.
PRESENTATIONS: Mayor Bowman announced that the presentation of the Community
Service Plaque to Mr. Ned Fox, former Executive Director of the Cypress
Chamber of Commerce would be continued to the Council meeting of October 28,
1991.
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CITY COUNCIL MINUTES September 23, 1991
Mr. Michael Betz, Manager of Planning for the Orange County Transportation
Authority, representing the Katella Super Street Project Team, provided
Council with a project report on the status of the Katella Avenue Super
Street. He then introduced Mr. Rob McCann, Project Manager, who reviewed the
system of specific improvements for Katella Avenue. The objectives of the EIR
are to fully comply with the requirements of the California Environmental
Quality Act and to fully disclose all the potential impacts of the project.
He stated that copies of the draft EIR will be submitted to the Council prior
to public review, then there will be public hearings and, at that time, he
will return to clarify any concerns about the EIR and with the target date for w
certification of the final EIR.
The Acting City Manager advised that the Council had interviewed two
applicants for the position of Alternate Senior Citizen Commission. He then
summarized the actions taken by the City Council during the 5:30 p.m. portion
of the Agenda.
The Acting City Attorney reviewed the discussions held during Closed Session
on property negotiations for Church of Christ and a personnel matter regarding
the status of a grievance.
Mayor Bowman stated that Council held a Redevelopment Workshop session on
September 16, 1991 with discussions on the three redevelopment project areas
in the city. The Planning Director then summarized the project areas and the
financing issues addressed at the workshop.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mayor Bowman announced that Council has appointed Gordon Wibbert to the
position of Senior Citizen Commission Alternate.
He also made an announcement regarding Cable TV Programming Week, which is
scheduled for October 6 through 12, 1991 and will highlight locally produced
cable programming.
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The Mayor commented that the new recycling trash cans are not being removed
from the curb in a timely manner and stored out of view according to code. He
noted that it is a Code Enforcement issue but first people need to become
accustomed to recycling prior to giving a warning and then issuing a citation
for repeated offenses. The Finance Director suggested that possibly a sticker
or other form of notice could be obtained from the disposal company to be
placed on the trash cans notifying people that the cans must be removed and
out of sight the day after trash pickup.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished to speak.
CONSIDERATION OF PUBLIC HEARING RE• VARIANC NO 91-7 - PATIO ENCLOSURE
LOCATED IN SIDE YARD, 9144 EVERGREEN DRIVE: Mayor Bowman opened the public
hearing. The Planning Director presented the staff report dated September 1,
1991, which represented a request for a variance from Section 9.5.C.1 of the
Cypress Zoning Ordinance to allow the construction of a wooden slat patio
cover to encroach into the required five foot side yard setback. In
accordance with the California Environmental Quality Act, the proposed project
has been determined to be Categorically Exempt, Class 3. Staff feels that
because of the location of the adjacent property's second story windows, the
privacy issue and the existence of similar patio covers on neighboring
properties, a hardship determination is justified in this case.
The applicant, Robert Erickson, 9144 Evergreen Drive, Cypress, concurred with
the staff report and advised Council that he had discussed this project with
his neighbors and they concurred.
No one else wished to speak in support of or opposition to the application.
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing, determine the project is Categorically Exempt, Class 3 in
accordance with the requirements of the California Environmental Quality Act
and approve Uariance No. 90-1 subject to two conditions. The motion
unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES September 23, 1991 1~
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE• VARIANCE NO 91-8 - ENCROACHMENT INTO
REQUIRED SIDE YARD SETBACK AREA, 9356 GREGORY STREET: Mayor Bowman declared
the public hearing open. The Planning Director summarized the staff report
dated September 5, 1991, which was a request to reduce the required side yard
setback from ten feet to seven feet in order to construct an addition to the
existing single-family residence. In accordance with the requirements of the
California Environmental Quality Act, a categorical exemption will be filed
for this project. A summary matrix of the Cypress Zoning Code led the
applicant to believe that the appropriate setback for the addition would be
the same as that of the garage. As a result of this, plans were prepared and
improvement loans were obtained with the assumption that the side yard setback
could be seven feet instead of the required ten feet. The property owner is
now before the City Council requesting a variance to allow the seven foot side
yard. Property owners within a 300 foot radius were notified. To date, the
Planning Department has not received any comments on the project.
Mr. James M. Trez, 9356 Gregory Street, Cypress, commended the Planning
Department on their report and agreed to the conditions. He has spoken to
most of his neighbors and there was no objection to the room addition or the
variance request. He requested that the summary matrix of the Cypress Zoning
Code be clarified.
The Planning Director advised that the summary matrix has been changed.
Mayor Bowman asked if anyone wished to speak in favor of or in opposition to
the application. No one spoke.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to
close the public hearing and approve Variance No. 91-8 with four 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: CONDITIONAL USE PERMIT N0. 91-13 ~ CYPRESS
SENIOR CITIZENS CENTER, 9031 GRINDLAY STREET: The Mayor declared the public
hearing open. The Planning Director summarized the staff report dated
September 13, 1991, which represented a request to construct a 17,000 square
foot multipurpose senior citizens center to be located at 9031 Grindley
Street. In accordance with the California Environmental Quality Act, a
statement of Negative Declaration will be filed for this project. As
indicated on the site plan, this center will contain a large multipurpose
room, an exercise room, pool room, craft room, a meeting and conference room,
a library and a kitchen facility. Also indicated on the plans are a total of
130 parking stalls, with ten of these stalls being designated handicapped. In
addition, ten of the parking stalls located along the southwest portion of the
project shall be specified as joint parking between the senior center and the
Sunrise Apartments located adjacent to the subject property. Notices of this
public hearing were posted, published and mailed to all property owners within
300 feet of the subject parcel. To date, staff has not received any
communication regarding this project.
Mayor Bowman referred to Condition No. 13, which provided ten parking spaces
for reciprocal parking between the senior center and senior housing. He
objected to releasing City-owned parking to a private company and, at the very
least, the condition should sunset because, at a future date, the senior
apartments might not necessarily be affordable housing. The Planning Director
provided the options available to Council on the parking.
The City Attorney advised that the best option would be to rewrite the
condition addressing the concerns regarding the ten parking spaces.
Responding to Mayor Bowman on Condition No. 20, the Planning Director advised
that, to her knowledge, the problem had been resolved to the satisfaction of
all parties.
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CITY COUNCIL MINUTES September 23, 1991
After- additional discussion, it was moved by Councilmember Kerry and seconded
by Councilmember Partin to continue this item to the meeting of October 28,
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• APPLI ATT(lN FOR A SPFCIA PFRMTT
SECONDHAND BUSIN AT THE BARGAIN BARN, 5183 LINCOLN AVENU Mayor Bowman
opened the public hearing. The staff report dated September 18, 1991 advised
that the applicant had requested a continuance to the meeting of October 28,
1991.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue this item to October 28, 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
CONTINUATION OF CONSID RATT N OF AN AMENDMENT TO THE RESID NTIA DENSITY BONUS
POLICY ADDRESSING "OWNER OCCUPIED PROJECTS": The Planning Director presented
the staff report dated September 3, 1991, which stated that this matter had
been continued from the May 13 meeting. Minor revisions have been made to the
proposed Ordinance originally presented at the February 11, 1991 Council
meeting. Staff is requesting City Council review the proposed revisions in
the Ordinance and determine whether concerns have been clearly addressed as
stated in "Owner Occupied Projects."
Mayor Bowman called attention to page 4, paragraph b, middle of the paragraph,
and requested the insertion of the words, "at prevailing market" so it would
read "...these homes shall be restricted at prevailing market in resale for a
ten (10) year period." To insure consistency, the same insertion should
appear on page 5, paragraph b, as follows: "...these homes shall be
restricted at prevailing market in resale for a thirty (30) year period." The
Mayor complimented everyone involved and stated he believed this document to
be a workable density bonus policy. Councilmember Kerry concurred.
Councilmember Partin commented that it appeared this procedure would place an
additional burden on staff time. He requested that some method of financing
for the staff time involved be worked into the procedure and he would like to
see the funds come from realty commissions. Councilmember Kerry suggested an
alternative and mentioned the use of redevelopment monies, if possible, for
the affordable housing.
After some discussion, it was moved by Councilmember Age and seconded by
Councilmember Nicholson to receive and file the report with the changes
requested. 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
CONTINUATION OF CONSIDERATION OF FENCE MATERIAL AND PLACEMENT OF FENCE ALONG
OERRITOS AVENUE, DENNI STREET, AND KATELLA AVENUE: The Planning Director
summarized the staff report dated September 17, 1991, which represented a
request by FJC USA Inc. for City Council interpretation and/or an amendment to
the Cypress Business and Professional Center Specific Plan regarding fencing
material and placement along Katella Avenue, Cerritos Avenue and Denni Street.
After several issues arose regarding the golf course, staff requested that Dye
Designs return to staff with a complete submittal package, including the fence
material request and any other proposed changes. This item was tabled at the
Council meeting of June 24, 1991 pending a completed submittal. The submitted
proposal includes four main issues: 1) fencing material along Cerritos Avenue
and Denni Street; 2) interim fencing material on Denni Street; 3) fencing
location along Katella Avenue; and 4) fencing location along Cerritos Avenue.
Subsequent to the original request for the change in fencing materials, the
additional issues of the expanded parkway, maintenance and the landscaping of
this parkway have surfaced. Staff viewed these issues as being related in
that each of these items could impact the aesthetic value of the streetscape
along Katella Avenue and Cerritos Avenue. Another minor issue is the bus
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CITY COUNCIL MINUTES September 23, 1991
turnout proposed for Katella Avenue impacting that streetscape is unable to be
presented tonight and possibly could be brought back as a Consent Calendar
item.
After some discussion, it was explained that there are five and one-half feet
of right-of-way on Cerritos and six feet on Katella that were not included
when the streetscape was designed. That property is located outside the golf
course property line and thus created a strip of dirt that would run through
the public right-of-way that would need to be landscaped and maintained.
Mr. Darrell Wilson, Dye Designs, explained the photos and diagrams submitted
with their request. Dye is requesting that the fence be located on the
property line and they, in turn, will maintain the landscaped portions of the
rights-of-way on both streets.
Councilmember Age asked what the projected opening date ,was for the golf
course. Mr. Wilson stated that it is anticipated that normal operations could
begin in July 1992. He extended an invitation to the Mayor and Councilmembers
to tour the golf course.
Councilmember Nicholson asked if there was an indication as to what the green
fees would be for the golf course. Mr. Wilson responded that, to his
knowledge, the fees had not been set.
Responding to Mayor Bowman, Mr. Wilson stated that a wrought iron fence would
be more attractive than a chain link fence but the Specific Plan is structured
in such a way, particularly on Cerritos, that the hedges are to be allowed to
grow to a height of five feet and would be continuous and obstruct any view of
the fence. They are asking Council's interpretation of the "approved
equivalent" as regards the fencing. The substitution of a vinyl coated chain
link fence for the wrought iron would provide a cost savings which would
result in larger shrubs planted in double rows.
Ms. Cynthia McGarry, Dye Designs, stated that the hedge in front of a six foot
high fence can be maintained at fence height.
After some discussion, Councilmember Age expressed concern because the open
space is not visible from the street and she feared that the green fees will
be prohibitive to the average Cypress citizen. She stated she preferred the
wrought iron fence.
Ms. McGarry stated that if screening is required, a solid hedge would be the
nicest.
Councilmember Kerry stated she felt very strongly about the kind of fence
along Cerritos.
Councilmember Nicholson stated that what the City is going to have is a
beautiful golf course the citizens can't see. Maybe they can see the course
from the Los Alamitos side off Katella, but they're not going to play because
they won't be able to afford the green fees. She suggested the designers go
to the builders to see if discount green fees could be established for
citizens of Cypress and she was adamant about having only a wrought iron fence
with a low hedge.
Mayor Bowman stated that he believed there should be a wrought iron fence all
the way around the golf course, including the Denni Street side.
Mr. Wilson clarified that it is not Dye's intent or the owner's intent to
create any feeling of exclusion to the City of Cypress. They are not trying
to create a lesser look from the Cerritos side.
After further discussion, Councilmember Age stated that she didn't have a
problem with the property lines or leaving the fence where it is.
It was moved by Councilmember Age and seconded by Councilmember Nicholson that
a wrought iron fence be installed around the entire golf course site and club
house.
Councilmember Partin suggested that the motion also specify a three foot hedge
on Cerritos. Councilmember Age agreed to amend her motion to include the
three foot hedge and Councilmember Nicholson concurred.
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CITY COUNCIL MINUTES September 23, 1991
Councilmember Kerry encouraged the installation of some ground cover to
provide a more appealing look around the maintenance wall. It was clarified
that Councilmember Kerry's suggestion was not part of the motion. The motion
was 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 CITY MEMBERSHIP IN WETIP, INC The Acting City Manager
presented the staff report dated September 18, 1991 stating that a
communication was received from Bill Brownell, Founder/National Director of
WeTip, Inc., requesting the City Council to consider membership in the
organization. Based on population, the City's membership fee would be
$2,269.20 annually.
Mr. George Kita, Vice President of WeTip, presented a packet to each member of
the Council, explained that WeTip is a non-profit organization and asked for
the Council's support in the war on crime. He provided background information
and identified WeTip's various programs.
Responding to Mayor Bowman, Police Chief Wicker answered that the Police
Department is provided regular communications and correspondence from WeTip,
Inc., covering all aspects of crime whether the City provides funds or not.
He stated that the request for funds was a substantial non-budgeted request
and that WeTip is not critical to the continued operation of the Police
Department.
Mr. Kita advised that the WeTip program is not a corporation and they rely
heavily on volunteers and service clubs. The only way they can exist is to
ask the cities who work with them to pay for services received.
Councilmember Age advised that the City is under budget constraints, it is
experiencing a hiring freeze and this is not the time to be donating to an
outside organization.
It was moved by Councilmember Age and seconded by Councilmember Partin to deny
the request for WeTip members. Councilmember Kerry advised that there are
community groups very involved with this and suggested referral to those
organizations. Councilmember Age didn't object to a referral but her motion
was to deny the request at this time and consider it at the next budget
session. Mayor Bowman stated that he did not consider it proper for cities to
donate to WeTip. 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 REFINANCING OF THE CITY OF CYPRESS SING FAMI Y
RESIDENTIAL REVENUE BONDS OF 1980 AND APPROVA AND AUTHORI ATION OF EX UTTON
AND DELIVERY OF REFUNDING BONDS (SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE
REFUNDING BONDS 1991 SERIES A AND 1991 SERIES B) AND RELATED DOCUMENTS:
Councilmember Age stated her employer, Security Pacific National Bank, is a
trustee for these bonds and she will abstain from the discussion and the vote.
The Finance Director presented the staff report dated September 17, 1991,
which indicated that in January, 1980, $25,000,000 Single Family Residential
Mortgage Revenue Bonds were issued. The firm of Whipple, Kinsell & Co., Inc.
approached the City with a restructuring plan which would enhance the
financial position of this issue. The refunding of the current bonds with
lower interest rates should provide cash to the City and a greater residual
for the future. Based on the analysis of the refinancing and the current
interest rate environment, staff is proposing the issuance of Refunding Bonds.
Mr. Jeff Kinsell, Whipple, Kinsell & Co., 30131 Towne Center Drive, Laguna
Niguel, responded to questions from Council and explained the figures in the
Trust Indenture agreement.
After further discussion, Councilmember Kerry expressed her concern about the
money going into the General Fund and she would like the money used for some
productive purposes, such as redevelopment concepts, evaluations on how to
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CITY COUNCIL MINUTES September 23, 1991
move forward faster on Lincoln Avenue when the money is received and she
encouraged Council to have a workshop.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follows, authorizing issuance
of refunding bonds.
RESOLUTION NO. 3993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE
ISSUANCE OF $7,595,000 AGGREGATE PRINCIPAL AMOUNT OF SINGLE FAMILY
RESIDENTIAL MORTGAGE REVENUE REFUNDING BONDS, SERIES 1991-A AND $810,000
` AGGREGATE PRINCIPAL AMOUNT OF SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE
REFUNDING BONDS, SERIES 1991-B, OF THE CITY OF CYPRESS, ORANGE COUNTY,
CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS
IN CONNECTION THEREWITH, CONFIRMING THE SALE THEREOF, AND RELATED
MATTERS.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
CONSIDERATION OF CATV FRANCHISE FEE AUDIT: The Acting City Manager summarized
the staff report dated September 17, 1991, outlining two major areas in which
the Copley/Colony CATV Franchise fees were significantly underpaid as revealed
by the joint Cypress/La Palma limited procedures review conducted by Diehl,
Evans & Company. The City Attorney's office has sent a letter to
Copley/Colony demanding payment of the unpaid franchise fees. Diehl, Evans &
Company indicated that the limited procedures review had to expand to the
level of an audit in order to obtain the detail necessary to complete their
review of the advertising revenues and, in doing so, they incurred an
additional $2,000 expense and have requested consideration for reimbursement.
The City of La Palma has already approved their $1,000 share plus future
expenses as necessary.
It was moved by Councilmember Partin and seconded by Councilmember Age to
authorize the reimbursement of Diehl, Evans & Company in the amount of $1,000
and authorize reimbursement of actual and necessary time and expenses in order
to perform any follow-up work on the audit. 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 MUNICIPAL CODE/PARKING VIOLATIONS/BAIL: Police Chief Wicker
reviewed the staff report dated September 18, 1991 relating to fees assessed
for parking violations by the County of Orange. Since the inception of County
construction funds, the City of Cypress has not increased its parking bail
schedule to accommodate the original $3.00 jail and courthouse construction
fund assessment. With the subsequent $2.00 additional assessment, a total of
$5.00 in assessments goes to the County from every parking citation issued.
It is apparent that to keep pace with the increased costs incurred from the
County, the City parking bail needs to be increased.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to
authorize .the Cypress Police Department to raise parking violation fines in
the amount of $5.00 to keep pace with the increased County assessments. 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 46993 -
74 166: It was moved by Councilmember Age and seconded by Councilmember
Nicholson to approve the Warrants No. 46993 through 47166 in the amount of
$844,942.57. The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES September 23, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Bowman recessed the meeting at 10:04 p.m. to enable the Council
to act as the Redevelopment Agency. The meeting reconvened at 10:08 p.m. with
all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the
Agenda.
Councilmember Age reminded the audience that Tuesday, September 24, 1991 was w..,~.
Rideshare Day and she encouraged everyone to car pool or ride a bicycle to
work.
Mr. Donald Eldridge, 4931 Myra Avenue, Cypress, stated that his neighborhood
is experiencing noise and parking problems with the bingo nights at Boys and
Girls Club on Myra and Moody. He presented a petition signed by the residents
on Myra Avenue and asked Council to resolve the problem: Bingo nights are on
Wednesday, Saturday and Sunday, starting at approximately 3:00 p.m. to 10:30
or 11:00 p.m. He provided Council with a video tape indicating it showed the
noise and parking problems. Councilmember Kerry asked that the Myra Avenue
residents be notified if this item is placed on the Agenda. Councilmember
Nicholson asked that a Police Officer be present on Myra Avenue when the bingo
game is finished on Wednesday night. Police Chief Wicker will research the
matter and report back to the Council.
The Acting City Manager reported that the preliminary bond closing would be
October 2 and the final closing would be October 3, 1991, which would be an
appropriate time to meet with the Bond Council. Mayor Bowman and
Councilmember Nicholson could not attend. The remaining Councilmembers asked
if the meeting could be rescheduled and held in Orange County rather than
downtown Los Angeles.
Councilmember Partin asked the Public Works Director to explain the change in
signalization at the intersection of Katella and Valley View for the turn
lanes. The Public Works Director responded that the signals are programmed
one way for the morning traffic and another way in the late afternoon to
facilitate the peak flows of traffic. The left turn movements at Katella and
Valley View have been optimized to accommodate the level of traffic demand.
They are monitoring that intersection and if further adjustments are required,
they will be made .
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 10:30 p.m.
t~(
MAYOR OF THE CITY OF CYPRESS
ATTEST.:
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CI Y CLE OF THE C TY OF CYPRESS
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