Minutes 91-11-12 (J
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 12, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:34'
p.m., Monday, November 12, 1991, in the Council Chamber, 5275 Orange Avenue,
Mayor Walter Bowman presiding.
PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney
John Cavanaugh and staff members Bacock, Barrett, Donovan, Eynon, Storey and
Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda.
Councilmember Kerry asked that discussion on the difference in grade levels
between two properties be placed on the November 25, 1991 Agenda. The City
Manager suggested that the issue be referred to staff for their review.
CONSIDERATION OF AWARD OF CONTRACT FOR THE REMOVAL AND INSTALLATION OF
IRRIGATION SYSTEM VALVES AND CONTROLLERS AT THE CITY OF CYPRESS CIVIC CENTER,,
PUBLIC WORKS PROJECT NO. 9107: The Public Works Director presented the staff
report dated November 1, 1991, which indicated that six bids had been received
for the removal and installation of irrigation system valves and controllers
at the Cypress Civic Center.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to: 1) determine the lowest responsible bidder for Public Works Project No.
9107 to be William Murray General Engineering Contractor, Inc.; and 2) award a
contract for the removal and installation of irrigation system valves and
controllers at the City of Cypress Civic Center to William Murray General
Engineering, Inc., 6284 Jurupa Avenue, Riverside, CA 92504, in the amount of
$20,100.16. 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 RETENTION OF PROFESSIONAL SERVICES FOR AIR MONITORING FOR
ASBESTOS REMOVAL AT CITY COUNCIL CHAMBER AND THE ARTS AND CRAFTS ROOM IN THE
COMMUNITY CENTER, PUBLIC WORKS PROJECT N0. 9113: The Public Works Director
summarized the staff report dated November 5, 1991, which described the
requirements for the monitoring of air to assure that asbestos fibers are not
being released from the containment areas during removal. Four companies were
contacted to submit proposals for the work and two companies responded.
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council award a contract for the professional services of Hillmann
Environmental of California, Inc., 4310 Long Beach Blvd., Suite 10, Long
Beach, CA 90807, for air monitoring for asbestos removal at the City Council
Chamber and the Arts and Crafts Room in the Community Center, for an amount
not to exceed $15,268.80. 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 REPLACEMENT OF TWO UNMARKED POLICE
VEHICLES: Police Chief Wicker introduced the staff report dated November 4,
1991, which requested the replacement of two unmarked police vehicles with
$30,000 budgeted for this purpose. Staff has investigated the availability of
low mileage, used automobiles offered by Avis Car sales and two vehicles have
been selected.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
determine that it is in the best interest of the City to dispense with the
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City Council Minutes November 12, 1991
formal competitive bidding, as it has in the past, pursuant to City Code
Section 21A-8F and authorize the purchase of two used vehicles as identified
in this report from Avis Used Car Sales, 4101 South Main Street, Santa Ana, CA
92707, in the amount of $28,287. 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
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 stated that he would abstain from a vote on Item 13,
Consideration of Renewal of Design Review Committee No. 90-23, Shopping Center
Remodel, 5004-5028 Ball Road because his business office is located in that
center.
Councilmember Kerry asked that Item No. 4, City Council Minutes of October 21,
1991 and October 28, 1991, Item No. 12, Consideration of Amendment to Section
9.1.8.10 of the Cypress Zoning Ordinance, Aviaries, Containing More than Ten
(10) Birds and Item 13 be removed.
Mayor Bowman requested Item No. 8, Consideration of Monthly Investment Program
and Item No. 10, Consideration of a Resolution Amending the City's
Appropriation Limits for FY 1991-92 and FY 1990-91 be removed for further
discussion.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
approve the Consent Calendar Items No. 4 through 18 with the exception of
Items No. 4, 8, 10, 12 and 13. 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: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 6: Consideration of Proclaiming the Week of November 25-29, 1991, as
"Family Week".
Recommendation: That the Mayor and City Council officially proclaim the week
of November 25-29, 1991, as "Family Week" in the City of Cypress.
Item No. 7: Consideration of Alcoholic Beverage License Transfer Application
Filed by Denise H. Armstrong, D.B.A. The Red Rooster, 6072 "B" Lincoln Avenue,
Cypress.
Recommendation: Receive and file.
Item No. 9: Consideration of Design Review Committee's Approval of DRC #91-
22.
Recommendation: Receive and file.
Item No. 11: Consideration of Preliminary City Engineer's Report for Cypress
Lighting District No. 2 - 1992.
Recommendation: That the City Council adopt the Resolutions by title only,
titles as follows, which will approve the City Engineer's Preliminary Report;
will give notice of the Council's intention to install, maintain, and furnish
energy for the street lighting system; and will establish the date, place, and
time of the required Public Hearing as December 9, 1991, in the City Council
Chamber, at 7:30 p.m.
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RESOLUTION N0. 4002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE
CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION N0. 3995
OF SAID COUNCIL.
RESOLUTION N0. 4003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET
LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE
INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR
LIGHTING SAID SYSTEM FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 1,
1992 AND ENDING JANUARY 1, 1993.
RESOLUTION N0. 4004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, GIVING NOTICE OF AND APPOINTING A TIME AND
PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT
REFERRED TO IN RESOLUTION OF INTENTION N0. 4003.
Item No. 14: Consideration of Adoption of Resolutions Recognizing the 1991
Cypress Families of the Year.
Recommendation: That the City Council adopt the Resolutions by title only,
titles as follows, recognizing the 1991 Cypress Families of the Year.
RESOLUTION N0. 4005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING THE
KINNEY FAMILY AS A 1991 CYPRESS FAMILY OF THE YEAR.
RESOLUTION N0. 4006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING THE
SCOTT FAMILY AS A 1991 CYPRESS FAMILY OF THE YEAR.
RESOLUTION N0. 4007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING THE
WYNDER FAMILY AS A 1991 CYPRESS FAMILY OF THE YEAR.
Item No. 15: Consideration of Additional Appropriation for CCIN Telecourse
Microwave Equipment Costs.
Recommendation: That the City Council: 1) Approve the transfer of an
additional $600.00 from the CATV Institutional Network Fund to the General
Fund for the project equipment sales tax and freight; and 2) Appropriate
$600.00 to Account No. 4186-11-482-24.
Item No. 16: Consideration of Claim Filed by Hugh J. Ritchie, Attorney-at-
Law, On Behalf of Mr. Charles Robert Martinez.
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. 17: Consideration of Extension of Lease and Sublease Agreements
Between the City and the Cypress School District and Between the City and
Straight Talk, Inc., for the Properties Located at 5712 and 5732 Camp Street.
Recommendation: That the City Council approve the lease between the City and
the Cypress School District and the lease/sublease between the City and
Straight Talk, Inc., for the properties and buildings located at 5712 and 5732
Camp Street, for a five-year period, to expire on December 10, 1996, under the
same terms and conditions of the current leases, subject to the approval of
the Cypress School District.
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Recreation & Park District Matters:
Item No. 18: Consideration of a Resolution Amending the Cypress Recreation
and Park District's Appropriation Limits for FY 1991-92 and FY 1990-91.
Recommendation: That the City Council, acting as the ex officio Board of
Directors for the Cypress Recreation and Park District, adopt the Resolution
by title only, title as follows, amending the District's FY 1991-92 and FY
1990-91 appropriation limits.
RESOLUTION N0. 173
A Resolution of the City Council of the City of Cypress, Ex Officio
Governing Board of Directors of the Cypress Recreation and Park
District, a Subsidiary District of the City of Cypress, Amending the
Cypress Recreation and Park District's Appropriations Limits for the
Fiscal Years 1991-92 and 1990-91.
END OF CONSENT CALENDAR
Regarding the Minutes of October 28, 1991, Councilmember Kerry requested that
the comments she made under Source Reduction and Recycling Element and
Household Hazardous Waste Element be included in those minutes. She had
encouraged consideration be given to the possibility of the City providing
special trash pickups three or four times a year and pickups once a year for
larger items. It was moved by Councilmember Partin and seconded by
Councilmember Kerry to approve the Minutes of October 21, 1991 and the Minutes
of October 28, 1991, as amended. 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
In regard to Item No. 8, Mayor Bowman asked why the City wouldn't invest more
money in Fannie Mae and Ginnie Mae bonds. The Finance Director explained that
the bonds are backed by the Federal government and main reason for the gradual
withdrawal from these plans is because they are long term investments and the
present policy is to enter into short term investments. Mayor Bowman asked
for a breakdown of the differential in rates and yields between the two
investment schemes. It was moved by Mayor Bowman and seconded by
Councilmember Kerry to receive and file the Monthly Investment Program for the
Month of September 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
Regarding a Resolution Amending the City's Appropriation Limits for FY 1991-92
and FY 1990-91, in response to Mayor Bowman's question, the Finance Director
explained that the difference is the combination of the Orange County growth
and the California Per Capital Income and includes the previously stated
6.22%. It was moved by Councilmember Partin and seconded by Councilmember Age
to adopt the Resolution by title only, title as follows, amending the City's
FY 1991-92 and FY 1990-91 appropriation limits.
RESOLUTION NO. 4008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE
CITY'S APPROPRIATION LIMITS FOR THE FISCAL YEARS 1991-92 AND 1990-91.
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
In regard to Item No. 12, Amendment to Section 9.1.8.109 of the Cypress Zoning
Ordinance, Aviaries, Councilmember Kerry remarked that she was unaware if any
direction was given to the staff. Mayor Bowman advised that Council was going
to discuss the item in relation to what other cities do, size of coops-and
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City Council Minutes November 12, 1991
distance from other structures. Councilmember Nicholson suggested addressing
the number of birds that take flight, the number that remain in the coop and
should they be allowed to take flight. The City Manager advised that a
citizen is in violation of the City's laws and staff cannot allow someone to
be in violation unless the Council provides an extension.
After some discussion, Councilmember Kerry suggested that ordinances from
surrounding cities be obtained to determine what is allowed. It was moved by
Councilmember Partin and seconded by Councilmember Nicholson to grant a 60 day
extension to allow staff time to return to Council with information on various
ordinances addressing aviaries. 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 Item No. 13, Shopping Center Remodel, 5004-5028 Ball Road,
Councilmember Kerry stated that there are parking problems in the shopping
center and it was indicated that there was parking behind the stores that no
one is using. This is design review but she would encourage something be done
on the parking because it is a problem. The Planning Director commented that
a condition could be added but it is very difficult to condition a project to
make people park in certain locations. Councilmember Partin stated that the
parking is the owner's problem and he didn't believe there was much the City
could do about it. It was moved by Councilmember Nicholson and seconded by
Councilmember Partin to receive and file the renewal of Design Review
Committee No. 90-23, for a period of one (1) year, subject to the original
conditions of approval described in Exhibit "A" of the staff report dated June
28, 1990. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin
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 Partin to
adopt the Resolution by title only, title as follows, approving CUP~No. 91-13,
with conditions.
RESOLUTION N0. 4009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 91-13 - WITH CONDITIONS (CONSTRUCT A SENIOR
CITIZENS RECREATION CENTER, 9031 GRINDLAY 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
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 regarding the City's Transient Occupancy Tax Rate.
" ORDINANCE N0. 876
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
26-23, "IMPOSITION--GENERALLY" OF THE CODE OF THE CITY OF CYPRESS
RELATIVE TO THE TRANSIENT OCCUPANCY TAX RATE; AND ADDING SECTION 26-
28.1, "COST OF AUDITS" TO THE CODE OF 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
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City Council Minutes November 12, 1991
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving CUP No. 91-16.
RESOLUTION NO. 4010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 91-16 - WITH CONDITIONS (HOUSING OF 30 RACING
PIGEONS, 6876 MOLOKAI DRIVE).
The motion unanimously carried by the following roll call vote: 4
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 approving CUP No. 91-17, with
conditions.
RESOLUTION N0. 4011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 91-17 - WITH CONDITIONS (U-HAUL RENTAL
FACILITY, 8931 WATSON STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOF.~: 0 COUNCILMEMBERS: None
A65ENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, approving CUP No. 91-20,
with conditions.
RESOLUTION N0. 4012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 91-20 - WITH CONDITIONS (COMPUTER SCHOOL,
4764 LINCOLN 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 Partin and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, approving tentative
Parcel Map No. 91-142, with conditions.
RESOLUTION N0. 4013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP N0. 91-142 - WITH CONDITIONS (DIVIDE FIVE ACRE
PARCEL INTO TWO, 9031 GRINDLAY).
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 6:06 p.m. to enable the
Council to enter into Closed Session to discuss matters of personnel and
litigation.
COUNCILMEMBER AGE LEFT THE CLOSED SESSION MEETING AT 6:56 P.M. AND RETURNED AT
7:30 P.M.
The meeting reconvened at 7:50 p.m. with all Councilmembers present and staff
members Essex, Cavanaugh, Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and
Wicker also present.
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7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age.
The City Manager summarized the actions taken by the Council on the Agenda
items during the 5:30 p.m. portion of the meeting.
The Acting City Attorney reviewed the discussions held during the Closed
Session on pending litigation, Sergio vs. the City of Cypress, Potlatch
Simpson Case and the Grace Church citations. In addition, the City Council
discussed the status of negotiations and a disciplinary action.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, spoke about the poor economy
and the sales taxes that have ended up in Buena Park and surrounding cities
and suggested that Cypress residents should buy in Cypress.
Ms. Denise Place, 6572 Biak Street, Cypress, stated she was disturbed about
the proposed card club near the race track and felt that the club is not
needed and would be a safety hazard.
Mr. David Nagle, 6876 Molokai Drive, Cypress, requested clarification on the
60 day extension on the Aviary Ordinance and asked if he would be able to
exercise his birds for the March racing season. The Acting City Attorney
explained that staff has been requested to provide information for a possible
ordinance, that is the only issue involved and there are no specifics.
Responding to Councilmember Nicholson, the City Manager answered that if the
information is available prior to 60 days, it can be placed on the January
Agenda.
Councilmember Age referred to an article in the News Enterprise criticizing
her for speaking openly in opposition to the card parlor issue and it was
questioned if she was speaking too soon. She stated she had discussed the
matter with the City Attorney and when a specific issue on a card parlor
location comes before the Council on the Agenda and there is a public hearing,
she will refrain from comment and will weigh the pros and cons on the issue.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
Mayor Bowman opened the Public Hearings.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL
PERMIT - SECONDHAND BUSINESS, BARGAIN BARN, 5183 LINCOLN AVENUE, CYPRESS:
Mayor Bowman opened the hearing. The Police Chief reported that the applicant
has not paid the required Department of Justice application fee of $227.00 so
that a license could be sought from the State of California. Additionally, he
reported that the applicant notified the Police Department today that he would
be withdrawing the application but they have received nothing in writing. The
applicant was not in the audience. The City Manager suggested continuing this
item to clarify the applicant's position and it should not be done by Council
arbitrarily. The Acting City Attorney recommended continuance to the next
meeting to determine if the applicant wishes to withdraw the application.
It was moved by Councilmember Age and seconded by Councilmember Partin to
continue this item to the meeting of November 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
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE• AMENDMENT TO CONDITIONAL
USE PERMIT NO 89-27, ADDITION OF A 3,400 SQUARE FOOT BASEMENT, KOREAN
COMMUNITY CHURCH, 5900 BALL ROAD, CYPRESS: Mayor Bowman opened the public
hearing. The staff report dated November 4, 1991 indicated a request for a
continuance was received from staff to allow time to properly notice the
revised application.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
continue this item to the Council meeting of November 25, 1991. The motion
unanimously carried by the following roll call vote:
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AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT
NO 91-18, CONSTRUCTION OF A RESTAURANT, 6471 BALL ROAD CYPRESS: The public
hearing was declared open by Mayor Bowman. The Planning Director presented
the staff report dated November 1, 1991, which represented a request to
construct a 2,400 square foot Mexican-style restaurant on an existing parking
lot. Also included in the application was the proposed sale of onsite beer
and wine. The subject property is located at 6471 Ball Road. In accordance
with the California Environmental Quality Act, a Negative Declaration will be
filed for this project. An application for administrative adjustment
(Adjustment No. 91-6) is being processed concurrently with CUP No. 91-18.
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.
Responding to Councilmember Kerry, the Planning Director clarified that in
making this determination and allowing this use it will force the other use to
stay as a takeout only restaurant. Currently the adjacent use on the site is
utilizing up to 10 parking spaces and that's all their use can claim. If
Council approves the request, the new use would claim the remainder of the
parking spaces. The Acting City Attorney advised that if the adjacent
property owner wanted a dine-in restaurant, it would not be allowed by virtue
of this particular application and would be returned to Council.
Responding to Councilmember Nicholson, Mr. Norm Youngberg, Archipromo
Architect, 22617 S. Vermont Avenue, Torrance, stated that his partner has gone
to call the owner to determine if he owns the existing structure.
Mayor Bowman suggested that this item be deferred to later in the evening when
Mr. Meraud returns to the Council Chamber with the information.
C~NTIN ATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT NO 197 CONVERSION OF A RECREATIONAL VEHICLE STORAGE AREA TO THREE
NEW MOBILE HOME SPACES LINCOLN CENTER MOBILE HOME PARK, 9080 BLOOMFIELD
STREET, CYPRESS: Mayor Bowman opened the public hearing. The Planning
Director presented the staff report dated October 31, 1991, which represented
a request to convert a recreational vehicle storage area into three new mobile
home rental spaces. The subject property is located within the Lincoln Center
Mobile Home Park at 9080 Bloomfield Avenue. According to the requirements of
the California Environmental Quality Act, a Negative Declaration will be filed
for this project. Because the ordinance was modified subsequent to the park
being built, these spaces are required to be larger to provide for double-wide
mobile homes. Notices of the public hearing were published, posted and mailed
to all property owners within a 300 foot radius. To date, no comments have
been received on this matter.
Mr. Robert Bendetti, Lincoln Center Mobile Home Park, 7300 Alondra Blvd.,
Suite 301, Paramount, complimented staff and volunteered to answer questions
from Council.
No one wished to speak in support of the application. Mayor Bowman asked if
anyone wished to speak in opposition to the application.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that the elimination of
those parking spaces would have a great impact on RV owners who need a place
to park. Any RV parking spaces the City has should be protected.
No one else wished to speak in opposition to the application.
Mr. Bendetti commented that there have not been any RV parked in those spaces
for years. That area harbored trash, vandalism and junk cars.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
close the public hearing, certify the Negative Declaration according to the
requirements of the California Environmental Quality Act and approve amendment
to Conditional Use Permit No. 197, subject to the conditions in Exhibit "A."
The motion unanimously carried by the following roll call vote:
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City Council Minutes November 12, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Returning to Item No. 27, Consideration of Conditional Use Permit No. 91-18,
Construction of a Restaurant with the Sale of Onsite Beer and Wine, 6471 Ball
Road, Mr. Patrick Meraud, architect for the project, reported that the
applicant is the owner of both properties and one restaurant will be a takeout
food and the other a dine-in restaurant.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to
the application. No one spoke.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
close the public hearing, certify the Negative Declaration and approve
Conditional Use Permit No 91-18, subject to the Conditions of Approval in
Exhibit "A". 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• REVIEW OF DEVELOPM NT AGREEMENT NO 85-1~
CYPRESS VIEW LIMITED: The public hearing was opened by Mayor Bowman. The
Planning Director summarized the staff report dated October 31, 1991, which
provided a review of this development agreement to insure that both parties
were complying with the intent of the agreement and to determine if any
modifications needed to be made. Review of a Development Agreement is not
considered to be a project according to the provisions of the California
Environmental Quality Act. The Agreement required reservation of three acres
of the property for commercial land uses and the developer has complied, in
good faith, with the terms of the Agreement. Notices of this public hearing
were posted, published and mailed to the property owners within a 300-foot
radius of the subject property.
No one wished to speak in support of or in opposition to the review.
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing, and receive and file the Review for Development Agreement
No. 85-1, Cypress View Limited. 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• REVI W OF DEVE OPMFNT AGREEM NT NO 89 1,.
CYPRESS LAND COMPANY: Mayor Bowman opened the hearing. The Planning Director
presented the staff report dated November 1, 1991, which provided a history of
Development Agreement No. 89-1 and gives Cypress Land Company the 'vested
right" to proceed with the development of the project until July 10, 1994.
Essentially, for a five year term, the Agreement locks in the zoning, density,
building setbacks, building heights and related design guidelines as
established in the Amended Specific Plan. Review of the Development
Agreements is not considered to be a project according to the provisions of
the California Environmental Quality Act. Notices of this public hearing were
posted, published and mailed to the property owners within a 300-foot radius
of the subject property.
Mr. Mark Armbruster, 2029 Century Park East, Los Angeles, was present, along
with Messrs. Bob Yamada and Darren Harvey of Cypress Land Company. Mr.
Armbruster responded to Councilmember Age that there were no plans to build
anything specifically at this time on the property.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to
the review.
Ms. Pam Berg, 6061 Barbados Avenue, Cypress, asked if the neighbors would be
informed of the prospective tenants and where they will be located on the
property.
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City Council Minutes November 12, 1991
Mr. Armbruster responded that there are extensive height and use limitations
on any structures that are to be built on that property and if these
limitations are not met, a conditional use permit must be approved.
No one else wished to speak in support or opposition to the Agreement.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
close the public hearing and receive and file the Review for Development
Agreement No. 89-1, Cypress Land Company. 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
rnN~ID RATION OF PUBLIC HEARING RE• VARIANCE NO 91-9, HAM RADIO ANTENNAS.
9815 CEDAR COURT, CYPRESS: The Mayor opened the public hearing. The staff
report indicated that a Negative Declaration was required and additional time
was needed in order. to satisfy the noticing requirements under the California
Environmental Quality Act.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue this item to the City Council meeting of December 9, 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 ZONING DETERMINATION REQUEST - BARBED WIRE ON WALLS AND
FENCES IN INDUSTRIAL ZONES (H & M RECREATIONAL VEHICLE STORAGE. 4656 LINCOLN
VEA NUE): The Planning Director presented the staff report dated October 31,
1991, which represented a request for a zoning determination regarding the
installation of barbed and razor wire at the top of walls or fences in 4 R
industrial zones. A zoning determination request includes only an
interpretation of the City of Cypress Zoning Ordinance and, therefore, is not
considered to be a project according to the requirements of the California
Environmental Quality Act. The City of Cypress Zoning Ordinance specifically
prohibits barbed and razor wire on top of walls and fences within the
residential and commercial zones. However, barbed and razor wire is not
addressed in the Industrial Section of the Zoning Ordinance and requires an
interpretation as an allowable treatment on walls and fences in industrial
zones.
Councilmember Kerry expressed concern about barbed and/or razor wire being
installed on the street side. The Planning Director stated that each of these
requests would be considered on a case-by-case basis, staff would act on the
request and then bring them to Council.
Responding to Councilmember Age, the Acting City Attorney answered that the
liability waiver is a cautionary measure, because there is an ambiguity and
the other zones specifically prohibit it based on safety factors.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that if the City is
going to have storage spaces, protection is needed around them. Unless there
is a problem, barbed wire shouldn't be banned around storage areas.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
1) determine that barbed wire/razor wire shall be permitted on top of walls
and fences in the BP-20,000 Business Park Zone and the ML 10,000 Industrial
Light Zone, subject to review and approval by the Design Review Committee and
2) Design Review Committee approval shall be conditioned requiring from the
applicable property owner a liability waiver, subject to City Attorney
approval. Mayor Bowman requested a report from staff on the use of
barbed/razor wire in the P/PS zone and storage areas in Commercial zones. The
motion unanimously carried by the following vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes November 12, 1991
CONSIDERATION OF DRAFT GENERAL PLAN AMENDMENT NO 91-1 AMENDMENT TO THE
CYPRESS HOUSING ELEMENT: The Planning Director presented the staff report
dated October 31, 1991 and introduced the consultant's representative, Ms.
Karen Warner from Cotton/Beland & Associates, who is working on the General
Plan and the Housing Element that has received approval at the State level.
Staff and the City Attorney have reviewed the Housing Element amendment and
all comments have been incorporated into the draft. The final draft is
anticipated to be presented to Council at the December 9, 1991 meeting.
Ms. Warner stated that since adoption of the element, there has been a new
requirement of Preservation of Assisted Housing. They have inventoried all
the assisted housing in Cypress, multi-family rental, 22 which could expire
and lose their subsidy after a 10 year period. The process is required to
insure that the legal requirements are covered and the various options
considered.
Mayor Bowman asked about the replacement of density bonus units with those in
the annexation area. Ms. Warner responded that they could suggest that but
the State might consider that speculative. The City's program has to be
somewhat proactive and if it is turned around to say the City will solicit
developers to do density bonus to replace these units, that approach might
suffice.
Mayor Bowman requested language to indicate that replacement density bonus
units would be built and the Council concurred with the incorporation of this
language. Ms. Warner cautioned that it was her understanding that it was part
of the law that a distinction had to be made between senior units and family
units and was a question that could be raised. Councilmember Kerry mentioned
the fact that the City does have density bonus units in the City and will
continue to have. The City Manager suggested these issues be explored with
the State as options.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
receive and file the draft Housing Element amendment and direct staff to make
changes where appropriate. 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 AMENDMENT TO LANDMARK THE REMOVA PERMIT NO 91-1, GRACE
CHURCH DEVELOPME.N.T SITE, 5100 CERRITOS AVENU The Planning Director reviewed
the staff report dated November 4, 1991, which represented a request to remove
12 Landmark trees out of the total 139 Landmark trees located on the Grace
Church property at 5100 Cerritos Avenue. Staff is confident the revised tree
removal plan reflects all Landmark trees and non-Landmark trees on the
property.
Mr. Bob Haley, 5777 Century Blvd., Los Angeles, architect for the project,
responded to Councilmember Kerry's concern and replied that they are very
conscious of the need to trim the trees correctly, and maintain the trees
properly shaped by a professional tree trimmer.
Councilmember Kerry clarified that the applicant was thoroughly aware of the
sequence to follow regarding the Landmark tree trimming.
It was moved by Councilmember Age and seconded by Councilmember Nicholson
approve Amendment to Landmark Tree Removal Permit No. 91-1 subject to the
following condition: The applicant/developer shall comply with all conditions
of Landmark Tree Removal Permit No. 91-1. 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 ORDINANCE REGARDING DISCLOSUR OF CLOSED SESSION INFORMATION:
The City Manager presented the staff report dated November 6, 1991, which
indicated that the Council requested no further action be taken on this item
until after discussion at this Council meeting. Councilmember Age asked that
she would like to see this subject be placed in the form of an ordinance for
the protection of the City.
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City Council Minutes November 12, 1991
Responding to Mayor Bowman, the Acting City Attorney advised that his office
is in the process of gathering various ordinances addressing this issue from
around the State and are prepared to draft an Ordinance for Council's review.
The Acting City Attorney commented that if a charge was made, it would be made
on a two count basis, a violation of State law and a violation of the local
ordinance.
Councilmember Partin remarked that this might be a long research project
because it is not common information.
Mayor Bowman suggested a summary of the situation rather than a draft
ordinance at this time.
Councilmember Age stated that every Councilmember should know that disclosure
is not proper and the legal ramification of such disclosure.
Councilmember Nicholson asked for the parameters of the attorney/client
relationship again because she understood it pertained only to personnel and
litigation matters.
The City Manager clarified that what is being asked is the documentation of
the attorney/client relationship and what the penalties are for violation
thereof.
It was consensus of the Council that the City Attorney's office provide the
boundaries for any Council disclosure and what the penalties are if those
boundaries are exceeded.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
direct the City Attorney to advise Council of the State law that applies to
the City regarding releasing Closed Session information, the penalties and the
type of information involved. Councilmember Partin commented that the motion
should be amended to include all laws that would prevent disclosure of Closed
Session conversations between Client to Client.
Councilmember Kerry would amend her motion to read any laws that would
apply to the City...." Councilmember Nicholson concurred. The motion
unanimously carried by the following vote;
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
rnN~TnFRaTrnN ~F APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 47731 -
47985: It was moved by Councilmember Partin and seconded by Councilmember
Nicholson to approve the Warrants No. 47731 through 47985 in the amount of
$1,260,677.73. 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
BESF~~: Mayor Bowman recessed the meeting at 9:35 p.m. to enable the Council
to act as the Cypress Redevelopment Agency. The meeting reconvened at 9:45
p.m. with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, requested a report on the
practicality of the electric vehicles the City had been using. The City
Manager stated that a report has been turned in on the project, the vehicles
were paid for by the Federal government and would provide a report to Mr.
Hardcastle.
The City Manager announced that the Police Department is sponsoring the Small
Business event on Wednesday, November 20, 1991. The Police Chief reported the
meeting will be held between 8:00 and 9:30 a.m. in the Council Chamber in
cooperation with the Chamber of Commerce to assist the small business owner in
recognizing certain kinds of frauds.
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Cit Council Minutes
Y November 12, 1991
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 10:00 p.m. to 4:30 p.m.
Monday, November 25, 1991, in the Administrative Conference Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK F THE CI OF CYPRESS
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