Minutes 91-12-09 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
December 9, 1991
The Regular Meeting of the Cypress City Council was called to order at 5:32
p.m., Monday, December 9, 1991, in the Cypress City Council Chamber, 5275
Orange Avenue, Mayor Richard Partin presiding.
PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Bacock, DeCarlo, Donovan and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF A ONE YEAR SERVICE CONTRACT RENEWAL FOR THE REMOVAL AND
DISPOSAL OF CITY-GENERATED HAZARDOUS WAST The Public Works Director
presented the staff report dated November 19, 1991, which indicated that the
City currently contracts with Disposal Control Service, Inc. for its hazardous
waste transportation and disposal. Disposal Control has submitted a letter of
intent to extend the current service contract through 1992 and while actual
usage may vary considerably, a contract in the amount of $9,000.00 is
recommended, based on prior years experience.
Mayor Partin suggested the City might consider developing its own reclamation
dump for automobile oil.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
that the City Council approve renewal of a service contract with Disposal
Control Service, Inc., 1369 W. 9th Street, Upland, CA 91786, to remove,
transport and dispose of the City's hazardous wastes, for a one year period
ending December 31, 1992, in an amount not to exceed $9,000.00. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRA T FOR ON-CALL ELECTRICIAN SERVICES: The
Public. Works Director summarized the staff report dated December 2, 1991,
which indicated that Anderson and Howard Electric, Inc. has submitted a
request to renew the existing contract for an additional two-year period, with
an increase of 5% in their existing standard and overtime hourly labor rates.
Satisfactory service has been received throughout the previous contract
period.
It was moved by Councilmember Bowman and seconded by Councilmember Age that
the City Council authorize the renewal, for an additional two year period, of
the on-call electrician services with Anderson and Howard Electric, Inc., 1791
Reynolds Ave., Irvine, CA 92714, not to exceed $8,740.00 at the rates
described in their quotation. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RENEWAL OF MAINTENANCE CONTRACT FOR THE CLEANING OF CYPRESS
VILLAGE PUBLIC PARKING AR A. (TRACT 8126: The Public Works Director reviewed
the staff report dated December 2, 1991, which described the weekly cleaning
service of 56 parking areas in District 42 for $260.00 per month since 1990.
The service can be provided at this low rate because the company is already on
site with crews and equipment doing similar work. Staff has estimated this
service would require two full time City Maintenance workers, two working days
per week. The labor costs alone would be more than double the amount of the
proposed contract. Additional equipment including a truck and other related
landscape machinery would also be required.
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It was moved by Councilmember Age and seconded by Councilmember Nicholson to
renew the maintenance contract with Larry Sweeden's Landscape Maintenance
Company, 15189 Sierra Bonita, Chino, CA 91710, for the weekly cleaning of the
public parking areas in Tract 8126 for a one year period at $273.00 per month.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE MATERIALS:
The staff report dated December 2, 1991 was presented by the Public Works
Director advising that the City contract for asphalt concrete products from
All American Asphalt Co. expired on December 8, 1991. All American Asphalt
Co. has offered contract renewal prices for a one year period ending December
8, 1992 with no rate increase. Although Blue Diamond and R. J. Noble
companies offered lower unit prices, additional factors were considered
including travel time, waiting in line and guaranteed price. He also advised
that the per unit price per ton as stated in the Recommendation should be
$26.08/ton rather than $24.45/ton.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to award an annual purchase agreement for asphalt concrete products to All
American Asphalt Co., 14274 Magnolia Ave., P.O. Box 2229, Corona, CA 91718-
2229, at a unit price of $26.08/ton, in an amount not to exceed $26,000.00 for
a one year period ending December 9, 1992. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR MANUFACTURE OF THEATRICAL DRAPERIES FOR
DISTRICT MOBILE STAGE,~UEST FOR QUOTATION 9192-06: The Recreation and Park
Director presented the staff report dated December 2, 1991, which indicated
that three bids were received for the purchase of curtains/draperies for the
new mobile stage/showmobile.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
that the City Council, acting as the ex officio governing Board of Directors
for the Cypress Recreation and Park District: 1) accept bid package #9192-06
received from Triangle Scenery Drapery & Lighting, 1215 Bates Avenue, Los
Angeles, CA 90029, in the amount of $2,910.56 and 2) award the contract for
the purchase of theatrical draperies for the District mobile stage to this
company in the amount of $2,910.56. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
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 Age stated that she had a question on Item No. 10, Consideration
of Claim filed by the Law Offices of Dale S. Gribow on behalf of Michelle
O'Brien and she would discuss it in Closed Session.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to y
approve the Consent Calendar Items No. 6 through 21. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item No. 6: Consideration of Approval of City Council Minutes of October 14,
1991 and November 25, 1991.
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City Council Minutes December 9, 1991
Recommendation: That the City Council approve the Minutes of October 14, 1991
and November 25, 1991, as submitted.
~m No• 7: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 8: Consideration of Approval of Texaco Park Lease and Sublease
Renewals.
Recommendation: That the City Council approve the three-year extension of the
existing lease between the City and Texaco, Inc. and the sublease between the
City and the Cypress Recreation and Park District, and authorize the City
Clerk to execute the appropriate documentation extending these leases to
December 31, 1994.
Item No. 9: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Jin Jun, D.B.A. 4H Natural Food, 6155-57 Ball Road, Cypress.
Recommendation: Receive and file.
Item No. 10: Consideration of Claim Filed by the Law Offices of Dale S.
Gribow On Behalf of Michelle O'Brien.
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. 11: Consideration of Design Review Committee's Approval of DRC #91-
21 and #91-25.
Recommendation: Receive and file.
Item No. 12: Consideration of Monthly Investment Program for the Month of
October 1991.
Recommendation: Receive and file.
Item No. 13: Continuation of Consideration of "No Smoking" Ordinance
Amendment.
Recommendation: That the City Council continue this matter to the meeting of
January 13, 1992.
Item No. 14: Consideration of Increase to the Monthly Service Fee for the
Vision. Benefit Plan for Employees.
Recommendation: That the City Council, and acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, authorize the
renewal of the Vision Plan with California Vision Service Plan (VSP), at the
proposed renewal rates for the 1992 and 1993 plan years as outlined in the
report.
Item No. 15: Consideration of Recommendations from the Traffic Commission
Meeting of November 19, 1991.
Recommendation: That the City Council: 1) Adopt the Resolution by title only,
title as follows, providing for the installation of "No Parking Anytime" areas
on the West side of Grindlay Street, 40' North, and 20' South of the driveway
at the Cypress Sunrise Apartments, 9151 Grindlay Street; 2) Adopt the
Resolution by title only, title as follows, providing for the installation of
"No Parking" areas for street sweeping purposes on sections of Orangewood
Avenue between the West City Limit and Holder Street; and 3) Authorize the
installation of signs designating 100' of "No Parking, Vehicles Over 6' High"
on the West side of Denni Street, North of Surrey Drive, and on the East side
of Denni Street, North of Blanca Drive; and 4) Receive and file the
recommendation that the City Council consider including funds in the 1992/93
Public Works Budget for the installation of a traffic signal at the
intersection of Moody Street and Myra Avenue.
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RESOLUTION NO. 4019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKWAY ANYTIME" AREAS ON GRINDLAY STREET, ADJACENT TO THE DRIVEWAY FOR
THE CYPRESS SUNRISE APARTMENTS.
RESOLUTION N0. 4020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING" AREAS FOR STREET SWEEPING PURPOSES ON SECTIONS OF ORANGEWOOD
AVENUE BETWEEN THE WEST CITY LIMIT AND HOLDER STREET.
Item No. 16: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Nhuan K. Do and Xinh T. Nguyen, D.B.A. Omega Liquor, 4346
Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 17: Consideration of Authorization for the Risk Manager to Attend
the Public Agency Risk Managers Association (PARMA) Conference.
Recommendation: That the City Council authorize the attendance of Lauren
Ferrell, Risk Manager, to the Public Agency Risk Managers Association (PARMA)
Conference to be held on February 19-21, 1992, in Monterey, and be reimbursed
for all actual and necessary expenses incurred.
Item No. 18: Consideration of Mandatory Retirement Plan for Part-time
Employees - Adoption of PEBSCO Deferred Compensation Plan.
Recommendation: That the City Council, and acting as the ex officio Board of
Directors of the Cypress Recreation and Park District: 1) Approve the use of
the PEBSCO Deferred Compensation Plan for eligible part-time and seasonal
employees, in compliance with "OBRA 1990": and 2) Maintain the current
contribution rate of 7.5% to be deducted from the eligible part-time or
seasonal employee wages. '
Item No. 19: Consideration of City Manager's Employment Agreement Extension
or Termination.
Recommendation: If the City Council desires to take any action other than to
extend the Contract, it is requested that this matter be discussed in Closed
Session.
Item No. 20: Consideration of Employment List - Assistant City Engineer.
Recommendation: Receive and file.
Recrea ion & Park District Matters:
Item tro. 21: Consideration of Contract Change Order No. 2 for Asbestos
Abatement at the Cypress Senior Citizens Center, Public Works Project No.
9112.
Recommendation: That the City Council, acting as the ex officio Board of
Directors for the Cypress Recreation and Park District, approve Contract
Change Order No. 2 to Pomona Valley Equipment Rentals, Inc., for Public Works
Project No. 9112, in the amount of $14,400.00.
END OF CONSENT CALENDAR
CIOSED SESSION: Mayor Partin recessed the meeting at 5:45 p.m. to enable the
Council to enter into Closed Session to discuss matters of personnel,
litigation and property negotiations. The Council meeting reconvened at 7:36
p.m. with all Councilmembers present. Also present were the City Manager/City
Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Bacock,
DeCarlo, Donovan, Eynon and Wicker.
7.30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Age.
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PRESENTATIONS:
Mayor Partin presented a Community Service Plaque to former Recreation &
Community Services Commissioner George Hallak.
Mayor Partin presented the Mayor's Plaque to Councilmember Bowman in
recognition of his tenure as Mayor during 1991.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Frank Coelho, 8644 Acacia Drive, Cypress, reported that 12 condos were
built at 5330 Acacia Drive, and the block wall on the condo side is three feet
high and on his side, it is seven feet high. He expressed concern about the
possible liability because children can climb the wall and then onto the
neighboring garages. He requested that Council consider the situation.
The Public Works Director reported that staff was reviewing several possible
solutions and is preparing a response to Mr. Coelho's letter. The Building
Official will be contacting him soon.
Councilmember Age mentioned the articles that appeared in the Los Angeles
Times on Mello-Roos, which has financed the Sorrento Homes project. She asked
that the City Manager bring this item to the January 13, 1992 meeting for
discussion and answer questions from the citizens. Councilmember Kerry
concurred and believed it should be explained to the citizens.
Councilmember Bowman announced that the Holy Cross Lutheran Church choir was
the only group from the State invited to sing in the Mozart Festival in
Vienna, Austria.
Mayor Partin reported on the events during the past week: the Holiday Sing,
Copley/Colony Toys for Tots auction, Cypress Pops Orchestra Christmas Pageant
at the LDS Church. During the next week there will be the Chamber of Commerce
Holiday Mixer, followed by the Award Night for the Cypress Homes and Business
Light Decorating Contest and New Year's Eve Dinner Dance sponsored by the
Friends of the Cultural Arts.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
The City Manager summarized the actions taken by the City Council during the
5:30 p.m. portion of the meeting.
The City Attorney revised the discussions held during Closed Session on denial
of Dale S. Gribow claim, litigation matter with Grace Church, salary and
fringe benefit negotiations with employee organizations, extension of
management consultant services and property negotiation matter involving the
Erskine property.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT N0. 89-27, ADDITION OF A 3,400 SQUARE FOOT BASEMENT, KOREAN
COMMUNITY CHURCH, 5900 BALL ROAD, CYPRESS: Mayor Parton opened the public
hearing. The Planning Director presented the staff report dated November 12,
1991, which represented the continued consideration of an amendment to
Conditional Use Permit No. 89-27 for the addition of a 3,400 square foot
basement and a temporary cargo storage container to the approved construction
of the Korean Community Church located at 5900 Ball Road. In accordance with
the requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project.
Pastor John Kim, Korean Community Church, 5900 Ball Road, Cypress, stated he
had read the conditions and was in agreement with them.
Mayor Partin asked if anyone wished to speak in support of or opposition to
the application. No one spoke.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to close the public hearing, certify the Negative Declaration in accordance
with the requirements of the California Environmental Quality Act and approve
the amendment to Conditional Use Permit No. 89-27 for the addition of a 3,400
square foot basement and a temporary cargo storage container, subject to the
conditions set forth in Exhibit "A." The motion unanimously carried by the
following roll call vote:
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AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
SSE PERMIT NO. 87-30, EXPANSION OF INTERIOR LEASE SPACE FOR THE EXISTING
GOLD'S GYM, 6177 BALL ROAD, CYPRESS: Mayor Partin declared the public hearing
open. The Planning Director summarized the staff report dated November 5,
1991, which represented an request to expand the interior lease space of an
existing gym in order to add a pro shop, office area, aerobic classes and
limited onsite child care space at 6177 Ball Road, Cinnamon Square Commercial
Center. In accordance with the requirements of the California Environmental
Quality Act, a Negative Declaration will be filed for this project. Gold's
Gym is proposing a 1,500 square foot lease space expansion to an existing
8,000 square foot gym. The applicant's present request to offer aerobic
classes to members and their request to add to the interior improvements both
require an amendment to the approved conditional use permit. Records to date
indicate no complaints of noise or of insufficient parking resulting from the
establishment of Gold's Gym.
Mr. Buzz Rasmussen, owner of Gold's Gym, 6173 Ball Road, Cypress, stated that
he has read the conditions placed on his project and agreed with those
conditions.
Councilmember Kerry suggested that the gym patrons be encouraged to use the
back parking lot because of the possibility of a difficult parking situation.
Mayor Partin asked the applicant if he would accept a condition to encourage
parking at the rear of the gym and the applicant concurred.
Mayor Partin asked if anyone wished to speak in support of the application.
Ms. Kelly Hunter, property manager of the shopping center, informed the
Council that they were in favor of the gym's expansion and are willing to ,
advocate the use of the rear parking.
No one else wished to speak in support of or in opposition to the application.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and approve amendment
to Conditional Use Permit No. 87-30, subject to conditions, including allowing
patron parking at the rear of the gym. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
cONTINUATTON OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 91-9, ALLOW
TWO ANTENNA TOWERS IN SIDE YARD AREA, 9815 CEDAR COURT, CYPRESS: Mayor Partin
opened the public hearing. The Planning Director summarized the staff report
dated December 3, 1991, which represented a request for a variance from
Section 13.4-3 of the City of Cypress Zoning Ordinance to allow two (2)
antenna towers, containing a total of five antennas, to remain in the side
yard area of the residence located at 9815 Cedar Court. This matter was
brought to the City's attention after a complaint was received on this
property and an inspection was conducted which revealed the location of the
antennas were in violation of several sections of the City's antenna
ordinance. She advised that it was learned today that the large antenna that
supports four smaller antennas is to be considered one antenna. Notices of
this public hearing were posted, published and mailed to the property owners
within a 300-foot radius of the subject property. Staff did receive one call
from a neighbor who was concerned with the structural integrity and safety of
the antenna tower located on the south side of the property.
The applicant, Mr. John Simmerman, 9815 Cedar Court, Cypress, responded to
questions and presented copies of his statement to the Council. He stated
that it was imperative that his tower remain where he has raised it and
explained why.
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Assistant Planner Doug Hawkins and Mr. Simmerman presented slides of the two
antennas and provided explanations.
Mayor Partin asked if anyone wished to speak in support of the request.
Mr. John Walters, 9818 Spruce Court, Cypress, a neighbor adjacent to Mr.
Simmerman, stated that he did not have a concern with the aesthetics of the
antennas and they did not cause telephone or television interference.
Mr. Richard Snyder, 9816 Cedar Court, Cypress, lives directly across the
street from the applicant, advised that he also had no concerns regarding the
two antennas.
Mr. Vernon Lowery, 6337 Sombrero Avenue, Cypress, a ham radio operator, stated
he believed the problem in the past has been the height of the antenna and
both these antenna conform to the ordinance.
Mayor Partin asked if anyone wished to speak in opposition to the application.
No one spoke.
Responding to Councilmember Bowman, the Planning Director explained that the
variance would be for the setback and street sideyard.
Councilmember Kerry addressed the antenna support on the side fence and
requested that a condition be included stating that nothing will be attached
to the side fence because it is very visible from the street.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
close the public hearing, certify the Negative Declaration in accordance with
the California Environmental Act and approve Variance 91-9, subject to
conditions in Exhibit "A" including a condition prohibiting an antenna support
attached to the side fence. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 91-22, OFFSITE
SALE OF BEER AND WINE, EUROPEaN TASTE GOURM T RETAI ~TnRF, 4955 LINCOLN
AVENUE, CYPRESS: The public hearing was opened by Mayor Partin. The Planning
Director presented the staff report dated November 22, 1991, which represented
a request for the establishment of a European gourmet food mini-market with
the offsite sale of beer and wine to be located within the Cypress Square
Center at 4955 Lincoln Avenue. In accordance with the California
Environmental Quality Act, a Negative Declaration will be filed for this
project. Notices of the public hearing were posted, published and mailed to
all property owners within a 300-foot radius. Staff has received one letter
opposing the proposed sale of alcohol from this location due to its proximity
to residential property and the fact that there are two other facilities in
the area which also provide offsite sale of beer and wine.
After some discussion, the City Attorney noted Condition No. 8, which outlined
the restrictions for the sale of beer and wine to 15% of gross floor area.
Ms. Linda Horton, representing the applicant Nasser Rabie, commended staff on
its report and stated that the business was a convenience market with a
European flavor.
Councilmember Kerry suggested that a condition be added to limit the hours of
deliveries. Another concern Councilmember Kerry mentioned was the sign
ordinance and there will be restrictions on signage.
The City Attorney advised that the first portion of Councilmember Kerry's
concern could be alleviated by the insertion of some wording in Condition No.
11 to read as follows: "The City Council shall maintain the right to review
the mini-market's hours of operation and deliveries and may, subject to a
public hearing, limit the delivery and/or business hours should substantial
complaints...." The applicant agreed to the amended condition.
No one else wished to speak in favor of the application. Mayor Partin asked
if anyone wished to speak in opposition to the project.
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Mr. Les Klinke, 4965 Embassy Way, Cypress, stated he had sent a letter
protesting the project, which listed all his concerns and volunteered to
answer any questions from the Council.
Responding to Councilmember Bowman, Mr. Klinke stated he was also concerned
with the complications of alcohol sales close to a residential complex
regarding the resale of his property.
Councilmember Kerry mentioned the fire door on the east side of the building
and asked if there could be a condition designating normal egress and ingress
from the south door. The Planning Director advised that a condition could be
written to designate the south door as the main entrance of the business.
No one else wished to speak against the project.
Mr. Nassar Rabie, 4955 Lincoln Avenue, Cypress, advised that he was opening a
European food store with imported beer and wine and it was absolutely not
going to be a liquor store.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
close the public hearing, certify the Negative Declaration in accordance with
the requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 91-22 subject to the conditions in Exhibit "A,"
including the amended condition on delivery hours and the new condition
designating the south door as the main entrance. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AMENDMENT TO CONDITIONAL USE PERMIT NO 89-13 AND VARIANCE
N0. 91-6. ORIENTAL MISSIONARY SOCIETY (OMS), ORANGE COUNTY HOLINESS CHURCH,.
4872 BISHOP STREET, CYPRESS: Mayor Partin declared the public hearing open.
The Planning Director reviewed the staff report dated December 2, 1991, which
represented a request to construct a two-story, 9,329 square foot church at
4872 Bishop Street. It also included a request for a variance from Section
10.2.A4 of the Cypress Zoning Ordinance to allow a four foot front yard
setback on a portion of the site, instead of the minimum required six foot
front yard setback. Two other variances are also requested from Sections
14.3.D and 14.4C to install tree wells instead of the minimum required five
foot wide landscape planter and to eliminate some of the required six foot
wide landscaped islands in the parking lot. According to the requirements of
the California Environmental Quality Act, a Negative Declaration will be filed
for this project. Staff has spent considerable time working with the
applicant in an attempt to resolve design issues. Notices of the public
hearing were published, posted and mailed to all property owners within a 300
foot radius. To date, staff has received no communication regarding this
application.
Mr. Fred Tanasaki, Building Committee, Takashi Sakari, Pastor and Sam Keotoki,
architect stepped to the podium and responded to questions from Council. The
gentlemen reported that their major problem was parking and they had
approached their neighbors for acquisition of additional space. Mr. Sakari
stated that none of the neighbors have complained about parking and if it
becomes unbearable, he will contact the neighbors that have offered parking
space but thus far there have been no problems.
Mayor Partin asked if anyone wished to speak in support of the application.
Frank and Janet Correia, 4906 Bishop Street, Cypress, stated that the church
is a good neighbor. When they had certain problems, a solution was obtained ~
and they are probably their best neighbors.
No one else wished to speak against or in favor of the project.
Councilmember Bowman reviewed the conditions and voiced a concern about the
screening on the west side of the property between the condos. He didn't
believe that putting the trees in boxes would solve the problem.
Councilmember Age suggested this project be returned to the Planning
Department for further review.
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Responding to Councilmember Nicholson, the Planning Director advised that
raised planters would take more room and possibly impact the parking spaces.
Councilmember Bowman stated that he would rather eliminate the four parking
spaces and have a three foot planter along the west side, which should be
large enough to provide screening.
Mr. Keotoki mentioned some of the conditions of approval in raising the five
foot block wall to seven feet.
Councilmember Kerry commented on the finished grade of the church property
remaining at the same level as the neighboring properties and she encouraged
the continuance of this item to resolve the outstanding issues. Councilmember
Age concurred.
The Planning Director clarified that the issues staff will be reviewing are
the finished grade separation and that parking space is not as much of an
issue as providing a landscape screen on the west side of the property.
Responding to Councilmember Bowman, the City Attorney advised that the City
Code requires a seven foot wall.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
continue this item to the January 13, 1991 meeting. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE• RENEWAL OF CONDITIONAL USE PERMIT NO 89-
14. RETAIL SHOPPING CENTER, 6202 AND 6222 LINCOLN AVENUE, CYPRESS: The Mayor
opened the public hearing. The Planning Director presented the staff report
dated December 2, 1991, representing a request for a renewal of the original
conditional use permit which the applicant inadvertently allowed to expire and
did not request an extension prior to the expiration date. No changes have
been made to the proposed plan. According to the requirements of the
California Environmental Quality Act, a Negative Declaration will be filed for
this project. Notices of the public hearing for the proposed renewal of the
conditional use permit were published, posted and mailed to all property
owners within a 300 foot notice. Staff has received no communication
regarding this matter.
Mr. Thomas Lim, architect with Simon Lee and Associates, stated they have
worked closely with staff on this project and have made no changes in the
original plans, elevations or materials. He asked that the City Council renew
the previously approved permit.
No one else wished to speak in support of or opposition to the renewal of the
permit.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
close the public hearing, certify the Negative Declaration according to the
requirements of the California Environmental Quality Act; and approve the
renewal of Conditional Use Permit No. 89-14, subject to the original
conditions in Exhibit "A" of the staff report dated August 4, 1989. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE• VARIANCE NO 91-10, AIR CONDITIONING
CONDENSER ON THE ROOF, 5806 STRATMORE AVENUE, CYPRESS: Mayor Partin declared
the public hearing open. The Planning Department reviewed the staff report
dated December 2, 1991, which represented a request for a variance from
Section 9.3 of the Cypress Zoning Ordinance to allow the installation of an
air conditioning compressor unit on the side patio roof instead of the rear or
side setback area. The subject property is a single family home located at
5806 Stratmore Avenue. According to the requirements of the California
Environmental Quality Act, this project is considered to be exempt. Notices
of the public hearing were published, posted and mailed to all property owners
within a 300 foot radius. Except for the letter from Mr. and Mrs. Rodriguez,
staff has received no communication regarding this matter.
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City Council Minutes December 9, 1991
Mr. Steve Kerr, 5806 Stratmore Avenue, Cypress, stated that the air
conditioner was brand new and 90% efficient. He agreed to the conditions of
approval.
Mayor Partin asked if anyone wished to speak in support of or opposition to
the application. No one spoke.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing and approve Variance No. 91-10, subject to
conditions, The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CYPRESS LIGHTING DISTRICT NO 2 - 1992:
Mayor Partin opened the public hearing. The Public Works Director summarized
the staff report dated November 20, 1991, which indicated that two resolutions
have been prepared to accomplish the final procedures for calendar year 1992,
required under the Street Lighting Act of 1919 and to receive any protests to
the proposed improvements and costs to Cypress Lighting District No. 2.
No one wished to speak for or against the final procedures.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
close the public hearing and adopt the resolutions by title only, titles as
follow, confirming the report of the City Engineer dated November 4, 1991 and
order the improvement to be made and naming and ordering the Southern
California Edison Company as the only contractor capable of improving and
servicing the street lighting system in Cypress Lighting District No. 2.
RESOLUTION N0. 4021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER
OF SAID CITY, DATED NOVEMBER 4, 1991, PREPARED PURSUANT TO RESOLUTION
N0. 3995 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION N0. 4002 OF SAID
COUNCIL, AND THE PLANS, SPECIFICATIONS AND ESTIMATE CONTAINED IN SAID
REPORT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC
CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION
OF INTENTION N0. 4003 AND RESOLUTION N0. 4004, APPOINTING THE TIME AND
PLACE FOR HEARING, ALL IN ACCORDANCE WITH DIVISION 14, PART 1, STREETS
AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE
"STREET LIGHTING ACT OF 1919."
RESOLUTION N0. 4022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE
CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING
MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE
STREET LIGHTING SYSTEM IN CYPRESS LIGHTING DISTRICT N0. 2 AND ORDERED TO
BE INSTALLED BY RESOLUTION N0. 4003 OF SAID COUNCIL, ALL IN ACCORDANCE
WITH, AND PURSUANT TO THE PROVISIONS OF, DIVISION 14, PART 1, STREETS
AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE
"STREET LIGHTING ACT OF 1919."
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None *a
r.ONSIDERATION OF PUBLIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT
AUGMENTATION FUNDS: Mayor Partin declared the public hearing open. The City
Manager presented the staff report dated November 20, 1991, which indicated
that the Auditor-Controller of Orange County has notified the City that
$725,929 of Special District Augmentation Funds are available to the City of
Cypress.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the resolution by title only, title as follows, allocating Special
District augmentation funds.
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City Council Minutes December 9, 1991
RESOLUTION N0. 4023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOCATING
SPECIAL DISTRICT AUGMENTATION FUNDS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
- Mayor Partin suggested that Items No. 32 and 33 be taken out of order and the
Councilmembers concurred.
CONSIDERATION OF REVIEW OF FENCING AND LANDSCAPING TREATMENTS ALONG CERRITOS
AVENUE, DENNI STREET AND KATELLA AVENUE: The Planning Director reviewed the
staff report dated November 27, 1991, which indicated that this matter was
previously before the City Council for clarification of fencing and
landscaping requirements for the perimeter of the golf course along Cerritos
Avenue, Denni Street and Katella Avenue. During discussion of this item,
Council requested that Darrell Wilson of Dye Designs return to Council with a
complete proposal illustrating the type and location of fencing and
landscaping. The submitted proposal includes: 1) a perimeter fencing plan
illustrating the type and placement of fencing around the entire golf course;
2) a perimeter landscaping plan illustrating the type of landscaping around
the perimeter of the golf course, including corner treatment plans on Katella
Avenue and Cerritos Avenue; and 3) a fencing detail sheet illustrating
perspectives of fencing types and construction details. One minor change to
the Katella Avenue fencing included the elimination of a section of solid
block wall originally proposed for the bus bay turnout area. This area will
now consist of wrought iron fencing with brick pilasters.
Councilmember Bowman asked if the temporary fencing surrounding the future
hotel site along Katella Avenue could be sunsetted because it is questionable
when the hotel will be built. The Planning Director would check with the City
Attorney to arrive at a method of enforcement and time limit on the temporary
fencing.
Mr. Darrell Wilson, Dye Designs, stated that there is no requirement for any
fencing for the hotel and golf course frontage along Katella.
Mr. Wilson explained the staff recommendation in that the landscaping was
changed to allow a denser hedge both on Cerritos, Katella and Denni.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
receive and file the staff report. Councilmember Bowman suggested that
"...subject to final review by the Planning Department" be added to the
recommendation so it would read, "It is recommended the City Council review
the submitted proposal and approve the fencing and landscaping treatments as
proposed subject to final review by the Planning Department." Mr. Wilson
agreed. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF MODIFICATION OF CONDITIONS OF TENTATIVE TRACT MAP NO 14420
AND CONDITIONS OF CONDITIONAL USE PERMIT NO 91-2: The Public Works Director
presented the staff report dated December 2, 1991, which indicated that the
applicant has requested relief on two of the conditions, Conditions No. 3 and
16, that Council had previously approved on Tentative Tract Map No. 14420 and
CUP No. 91-2. The Public Works Director considered the substitution of a sump
pump with adequate backup and testing acceptable. The applicant's
representatives have indicated there will be no grade changes between adjacent
properties greater than two feet thereby resulting in block walls of six foot
high on the new development side of any wall and no wall greater in height
than eight foot high on the adjacent property side.
Mr. Bob Gilbert, 4552 Lincoln Avenue, Cypress, engineer for the applicant,
project address 5411 to 5439 Camp Street, stated this project was approved
some time ago with subterranean parking. By switching to a pump, the building
can be lower with the basic concept of the project the same.
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City Council Minutes December 9, 1991
Responding to Councilmember Bowman, Mr. Gilbert answered that the modification
for use of a pump rather than a storm drain has allowed a drop from six feet
above the curb to four and one-half feet.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the modifications of conditions as follows: 1) modification of
Condition No. 3 by deletion of entire condition and substituting the following
condition: "The proposed development may be drained by pumping onsite storm
water to the Camp Street gutter. The pump system shall have an independent
backup system with an independent energy source. The system shall be
maintained by a homeowners association, with conditions in the bylaws
requiring system testing at least once every 30 days, with maintenance of a
log of testing showing time and date of testing with signature of person
accomplishing the successful test. The above to be to the satisfaction of the
Director of Public Works. The homeowners association is to be incorporated in
the CC&R's for this development." and 2) Modification of Condition No. 16 by
changing the requirement of approval of water improvement plans prior to
recordation of final tract maR to requirement of approval of water improvement
plans prior to issuance of a building permit. Councilmember Kerry commented
that she had understood that part of the purpose of the project was to improve
the storm drain situation which is why Council approved the three story
project. Councilmember Age concurred and stated she hadn't understood that
the pump was in lieu of the storm drain. Mr. Gilbert explained that the
project was approved with a storm drain; however, with the storm drain the
project had to be raised from the original approval just to get flow in the
storm drain. The current request is that the water be pumped directly into
the street using the existing storm drain system.
Mr. Kerry Henard, 5502 Roundup Road, Norco, explained that the storm drain was
required to move the water into the main drain, he is on his fourth elevation
change and a sump pump setup would allow the elevations to be dropped.
After some discussion, the City Manager clarified that the previous City
Engineer did not want pumps on the development, he wanted the storm drain ~~r~;.
which caused the elevation change. He understood that the storm drain was
only for this project and was not to serve the rest of that street. The
Public Works Director stated he felt that it was unreasonable to ask the
applicant to spend $70,000 to $100,000 to drain one building so he suggested
sump pumps with backups and separate energy sources. The Planning Director
stated that the previous conditions required an upgrade on the storm drain but
did not differentiate between whether or not they did it for all of the street
or the individual property. Councilmember Kerry stated that she was opposed
to sump pumps and she expressed opposition to the three story buildings.
The Public Works Director recommended a two sump pump system, with a complete
backup system.
After additional discussion, the City Attorney advised that if the applicant
built the storm drain, it would never be utilized by anyone else. If they
were to tap into it, the applicant would be entitled to reimbursement on a
prorata basis. Councilmember Age expressed her disappointment in the project
and will vote "no." Councilmember Kerry stated she would never have approved
this project because she considered it three stories but understood there were
some real tradeoffs and improvements to the area when the project first came
before Council. She is opposed to sump pumps. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin
NOES: 1 COUNCILMEMBERS: Age
ABSENT: 0 COUNCILMEMBERS: None
Due to the lateness of the hour, it was moved by Councilmember Age and
seconded by Councilmember Bowman to continue the Council meeting beyond 11:30
p.m. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ORANGE COUNTY FIRE PROTECTION DISTRICT: The City Manager
summarized the staff report dated December 3, 1991, which indicated that all
the cities in the structural fire fund that are part of the County fire
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City Council Minutes December 9, 1991
service area, in addition to the contract cities, are looking at a new
organization for the fire service. The reason for a fire district is the
County Board of Supervisors now directs all of the budget and policy decisions
for the fire fund. This arrangement is making it difficult for individual
cities to have an impact on service level determinations within their own
communities. The equity issue is another reason for pursuing afire district
with more ways to add or change service levels and control costs. The action
tonight would be an agreement to participate in the event the negotiations are
successful, a vote that may or may not be required to form the district and an
additional expenditure to process the LAFCO application, which will be shared
equally by all cities involved.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
that the City of Cypress: 1) adopt the attached Resolution by title only,
title as follows, agreeing to participate in the formation of an Orange County
Fire Protection District; 2) direct the City Manager to return with the
results of the city/County negotiations, and fiscal impacts on the City of
Cypress, prior to processing of the LAFCO application for formation of afire
district; and 3) authorize the appropriation of $6,000.00 from the fund
balance of the General Fund to Account No. 4189-11-109-01.
RESOLUTION NO. 4024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING AND
AGREEING TO PARTICIPATE IN THE FORMATION OF AN ORANGE COUNTY FIRE
PROTECTION DISTRICT AND RESOLUTION OF APPLICATION FOR THAT CHANGE OF
ORGANIZATION.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to support legislation to change the number of the Board of Directors to
coincide with the number of members of the Orange County Fire District and
pursue legislation to eliminate the need of the vote of the people for the
formation of the District. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to the Consideration of Review of Fencing and Landscaping Treatments
along Cerritos Avenue, Denni Street and Katella Avenue, Darrell Wilson asked
to clarify the gauge of the ornamental wrought iron fence that would encircle
the golf course.
Councilmember Kerry supported the staff recommendation of 16 gauge wrought
iron. The Public Works Director recommended 16 gauge rather than 18 to the
posts and rails the same as presented in the plans.
CONSIDERATION OF CITY COUNCII APPOINTMENTS: Mayor Partin opened the
discussion, asking the various Councilmembers to serve on the organizations
listed in the staff report dated December 3, 1991. The City Manager noted one
appointment that was inadvertently omitted from the list was Councilmember
Kerry's appointment to the Measure M Transportation Committee. Based on the
preceding discussions, the following appointments were made.
Orange County Sanitation District Mayor - Representative
(Meets 2nd Wednesday of the month) Cecilia Age - Alternate
League of California Cities, Mayor - Representative
Orange County Division Cecilia Age - Alternate
(Meets 2nd Thursday of the Month)
Santa Ana River Flood Gail Kerry - Representative
Protection Agency Joyce Nicholson - Alternate
(Meets in June & November)
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City Council Minutes December 9, 1991
Southern California Walter Bowman - Representative
Association of Governments Cecilia Age - Alternate
City/Cypress School District Joyce Nicholson
Joint Steering Committee Gail Kerry
Southern California Association Walter Bowman
of Governments - Policy Advisory
Committee
Orange County Vector Control Walter Bowman - Representative
District
(Meets 3rd Thursday of the month)
Measure M Transportation Gail Kerry - Representative
Committee
In addition, the Council designated Mayor Pro Tem Cecilia Age and
Councilmember Gail Kerry to serve on a Committee to meet jointly with the
Cities of La Palma and Los Alamitos to discuss possible joint ventures that
would result in cost savings to all communities.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
confirm the appointments to the various aforementioned organizations. The
motion unanimously carried by the following roll call vote.
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ADOPTION OF ORDINANCE ADJUSTING CITY COUNCIL COMPENSATION:
The staff report dated December 3, 1991, with its attached ordinance, provided
for the adjustment of the City Council's compensation rate by 5%. It was
moved by Councilmember Bowman and seconded by Councilmember Age to continue
the discussion on adjusting the City Council's compensation rate to January -
13, 1992. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPOINTMENT OF HEARING OFFICER FOR DISCHARGE APPEAL - RICHARD
SCHWEGMAN, MECHANIC FABRICATOR: The staff report dated December 3, 1991
indicated that the appeal process was invoked by Mr. Schwegman's attorney;
however, during this period, the process was held in abeyance while
discussions took place regarding a possible settlement. Since the matter was
not resolved, the issue is moved back into the appeal process. In the past,
attorney Joseph Gentile has been used as a hearing .officer and staff is
recommending that he be selected as the hearing officer for this case.
It was moved by Councilmember Bowman and seconded by Councilmember Age that
the City Council appoint Joseph F. Gentile, Esq., as the Hearing Officer in
the Richard Schwegman discharge case. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
C(INSTfIFRATTf1N [1F CONTINUING A MANAGEMENT CONSULTANT CONTRACT OR ESTABLISHING A
MANAGEMENT ANALYST CLASSIFICATION: The staff report dated December 3, 1991,
represented a request by the City Manager to consider the continuation of the
Consultant concept or, as an alternative, establish a regular part-time
management position to perform the needed services.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry that
the City Council move to continue the existing practice of utilizing Jamie
Herbon as a Management Consultant at the rate of $35 per hour at an overall
fiscal year cost of $35,000 as budgeted for the remainder of this fiscal year.
The motion unanimously carried by the following roll call vote:
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City Council Minutes December 9, 1991
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
rnRSIDERATTON OF ERSKINE PROPERTY ACQUISITION ADJACENT TO THE CIVIC CENTER
~11.E: The staff report dated December 4, 1991 revealed that the City Manager
has initiated discussions with the Erskine family regarding property
acquisition adjacent to the Civic Center site and City Council action may be
required.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
receive and file the report. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSID RATION OF AMENDMENT NO 2 TO THE CYPRESS HOUSING ELEMENT PRESERVATION
OF ASSISTED HOUSING: The Planning Director summarized the staff report dated
December 3, 1991, which stated that approval was received from the State on
the proposed Housing Element Amendment with three suggested modifications,
primarily for the purpose of clarification. As a followup to the City
Council's questions on the draft document, the consultants asked HCD whether
the c;ty could count new approved low-income units toward the required
replacement of low-income units lost to conversion. The State responded that
new units cannot be considered to replace existing units, because the new
units are intended to address future regional housing needs over and above
existing housing needs. It was suggested; however, the City could add a
statement that the City will continue to pursue new opportunities to replace
low-income restricted units lost through conversion to market rents. Since
this proposed Amendment to the Housing Element is considered to be a project
under the California Environmental Quality Act, a Negative Declaration will be
filed for this project.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry that
the City Council approve Amendment No. 2 to the Cypress Housing Element
entitled: Preservation of Assisted Housing: Analysis and Programs. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 48240 -
48453: It was moved by Councilmember Kerry and seconded by Councilmember Age
to approve the Warrants No. 48240 through 48453 in the amount of $732,251.57.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Partin recessed the meeting at 12:10 a.m. to allow the City
Council to act as the Cypress Redevelopment Agency. The meeting reconvened at
12:14 a.m. with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. Nothing was
presented.
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City Council Minutes December 9, 1991
ADJOURNMENT: Mayor Partin adjourned the meeting at 12:14 a.m. to Thursday,
December 19, 1991 at 4:30 p.m. in the Administrative Conference Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CIT CLERK F HE TY OF CYPRESS
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