Minutes 92-03-09 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 9, 1992
The Regular Meeting of the Cypress City Council was called to order at 4:36
p.m., Monday, March 9, 1992, in the 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 and Recreation & Park
Director Marvin DeCarlo.
WORKSHOP SESSION: Cypress Cultural Needs Assessment
In a joint meeting with members of the Council and various members of the
Cultural Arts Commission, Friends of the Cypress Cultural Arts and the
Cultural Arts Needs Assessment Committee, there was discussion on
clarification of the charge of the Cultural Arts Commission, the
implementation and the amount of funds budgeted for that charge and the use of
a consultant and/or volunteers to accomplish the task.
RECESS: Mayor Partin recessed the meeting at 5:35 p.m. to allow the Council
to conduct business on the 5:30 portion of the Council meeting. The meeting
reconvened at 5:45 p.m. with all Councilmembers present. Also present were
City Manager/City Clerk Darrell Essex, Acting City Attorney John Cavanaugh and
staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker.
ORAL COMMUNICATIO(~: For Matters on the 5:30 P.M. Agenda. No one wished to
speak.
CONSIDERATION OF AWARD OF CONTRACT FOR FIREWORKS TO BE USED FOR THE JULY 4TH
CFIFBRATION: The Recreation Parks Director presented the staff report dated
February 28, 1992, which described the four bids received from pyrotechnic
vendors for the Fifth Annual Multi-agency July 4th Fireworks Celebration. He
reported that the unofficial word is that Seal Beach will participate in this
year's fireworks show; however, this will be the last time. He stated that a
note was received from the Orange County Fire Department that they are
considering regulations to limit the size of fireworks in relation to the size
of the drop zones.
Responding to Councilmembers, the City Manager stated that the Quarterhorse
Association would be advised that they need a temporary use permit for their
fireworks show.
Councilmember Age suggested that next year the City's fireworks show should be
reviewed, especially if other cities are not going to participate.
It was moved by Councilmember Age and seconded by Councilmember Nicholson that
the City Council, acting as ex officio governing Board of Directors for the
Cypress Recreation and Park District, adopt the following recommendations: 1)
Accept the bids from San Diego Fireworks, P.O. Box 900186, San Diego CA 92190
and Pyro-Spectaculars, P.O. Box 2329, Rialto, CA 92376; 2) Award a contract to
San Diego Fireworks provided they meet the insurance requirements by award of
contract signing, in the amount of $8,000 for the Fifth Annual Multi-agency
July 4th Fireworks Celebration as outlined in the report; and 3) If San Diego
Fireworks cannot meet the insurance requirements, then award the contract to
Pyro-Spectaculars, P.O. Box 2329, Rialto, CA 92376 in the amount of $8,000 for
the Fifth Annual Multi-agency July 4th Fireworks Celebration as outlined in
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
CONSIDERATION OF ADDENDUM NO 4 TO THE GENERAL PLAN UPDATE CONTRACT WITH
COTTON BELAND ASSOCIATES: The City Manager presented the staff report dated
March 2, 1992, which indicated that the City entered into the original
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contract with Cotton Beland Associates, Inc. (CBA) in 1989. Recently,
however, it has become clear that circumstances have changed to require
additional traffic analyses. The total cost of the proposed consultant
contract addendum is $12,600. Of that total cost, staff proposed that funding
from the Lincoln Avenue Redevelopment Area Fund, the Los Alamitos Race Track
Redevelopment Fund and the Cypress Business Park Traffic Mitigation Fund be
used to pay for the scope of work.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to authorize Addendum No. 4 to the General Plan Update Contract with Cotton
Beland Associates in an amount not to exceed $12,600 to be appropriated from
the fund balance of the following specific accounts: $6,500 from Account No.
4189-37-195-06; $3,300 from Account No. 4189-38-197-06; and $2,800 from
Account No. 4189-24-273-07. 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 Kerry requested that Items No. 7 and 10, Consideration of
Communications From Cypress High School Requesting Support of Grad Nite and
Purchasing an Ad in Their Yearbook and Consideration of Attendance at the
League of California Cities' Mayors and Council Members Institute,
respectively, be removed for discussion.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the Consent Calendar Items No. 3 through 21, with the exception of
Items No. 7 and 10. 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. 3: Consideration of Approval of City Council Minutes of February 24,
1992.
Recommendation: That the City Council approve the Minutes of February 24,
1992, as submitted.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of Design Review Committee's Approval of Amendment
to DRC No. 91-1.
Recommendation: Receive and file.
Item No. 6: Consideration of Proclaiming April 28, 1992, as "Youth Service
Day".
Recommendation: That the Mayor and City Council officially proclaim April 28,
1992, as "Youth Service Day" in the City of Cypress.
Item No. 8: Consideration of Proclaiming April 24 - May 1, 1992, as "Cypress
Celebrates the Arts Week".
Recommendation: That the Mayor and City Council officially proclaim April
24 - May 1, 1992, as "Cypress Celebrates the Arts Week" in the City of
Cypress.
Item No. 9: Consideration of Monthly Investment Program for the Month of
January 1992.
Recommendation: Receive and file.
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Item No. 11: Consideration of Proclaiming April 26 - May 3, 1992, as "Days of
Remembrance of the Victims of the Holocaust".
Recommendation: That the Mayor and City Council officially proclaim April
26 - May 3, 1992, as "Days of Remembrance of the Victims of the Holocaust" in
the city of Cypress.
Item No. 12: Consideration of Contract Change Order No. 1 for Reconstruction
of Cedar Glen Parking Lot, Public Works Project No. 9118.
Recommendation: That the City Council: 1) Authorize the appropriation of
$9,100.00 from the General Fund to Account No. 4186-11-473-24; and 2) Approve
Contract Change Order No. 1 to Excel Paving Company, for Public Works Project
No. 9118, in the amount of $12,827.92.
Ttem No. 13: Consideration of Acceptance of Reconstruction of Cedar Glen
Parking Lot, Public Works Project No. 9118.
Recommendation: That the City Council: 1) Accept the work of Reconstruction
of Cedar Glen Parking Lot, Public Works Project No. 9118, as being
satisfactorily completed, contingent upon the approval of Contract Change
Order 1, concurrently before the City Council for approval; 2) Approve final
payment to Excel Paving Company, 2230 Lemon Avenue, Long Beach, California
90806-5195; and 3) Authorize the City Clerk to release the Labor and Materials
Bond upon expiration of the required lien period, if no claims or objections
have been filed, and, to release the Faithful Performance bond upon the
expiration of one year's guarantee upon the Director of Public Works'
concurrence.
Item No. 14: Consideration of Installation of Foot Bridge at Holder Street.
Recommendation: That the City Council continue this item to the meeting of
March 23, 1992, to allow staff additional time to prepare the requested
information.
Item No. 15: Consideration of Approval of the Plans, Design, and
Specifications for the Heater Remix, Rehabilitation, and Slurry Sealing of _ ,
Various Streets in the City of Cypress, Public Works Project No. 9207.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, approving the Plans, Design, and Specifications for the
Heater Remix, Rehabilitation, and Slurry Sealing of Various Streets in the
City of Cypress, Public Works Project No. 9207.
RESOLUTION N0. 4051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
PLANS, DESIGN, AND SPECIFICATIONS FOR THE HEATER REMIX, REHABILITATION,
AND SLURRY SEALING OF VARIOUS STREETS IN THE CITY OF CYPRESS, PUBLIC
WORKS PROJECT N0. 9207, FOR PURPOSES OF THE IMMUNITY PROVIDED BY
GOVERNMENT CODE SECTION 830.6.
Item No. 16: Consideration of Fund Appropriation to Repair Signal Damage at
the Intersection of Katella Avenue and Valley View Street.
Recommendation: That. the City Council appropriate $19,000.00 from the fund
balance of the General Fund to Account No. 4187-11-215-07 for the replacement
of the traffic signal cabinet and related equipment by the City's signal
maintenance contractor.
Item No. 17: Consideration of Arterial Highway Financing Program (AHFP)
Submittal, City of Cypress Project No. 9001 (Crescent Avenue Rehabilitation).
Recommendation: That the City Council: 1) Adopt the Resolution by title only,
title as follows, requesting inclusion in the Fiscal Year 1992/93 Arterial
Highway Financing Program, the improvement of Crescent Avenue, from La Salle
Street to the City of La Palma east City Limits, and 2) Authorize staff to
proceed with joint application for the Crescent Avenue improvements with the
City of La Palma.
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RESOLUTION N0. 4052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE IMPROVEMENT OF CRESCENT AVENUE FROM LA SALLE STREET TO THE
CITY OF LA PALMA EAST CITY LIMITS.
Item No. 18: Consideration of Design Review Committee's Approval of DRC No.
92-5.
Recommendation: Receive and file.
Item No. 19: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Betty & Billy Ly, D.B.A. Howard's Restaurant, 4780 Lincoln
Avenue, Cypress.
Recommendation: Receive and file.
Recreation & Park District Matters
item No. 20: Consideration of Proposed Youth Square Dance Class.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
acceptance of the proposed youth square dance class as recommended by the
Recreation and Community Services Commission.
item No. 21: Consideration of Increasing Summer Aquatics Fees.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
recommended Summer Aquatics fee increase by $25.00, effective for the 1992
Summer Program as recommended by the Recreation and Community Services
Commission.
END OF CONSENT CALENDAR
Regarding Consideration of Communications From Cypress High School Requesting
Support of Grad Nite and Purchasing an Ad in Their Yearbook, Councilmember
Kerry expressed her concern about students receiving as much as $200 to $300
in cash at Grad Nite from the Grad Nite Committee. Councilmember Nicholson
concurred and stated the cash gifts were not appropriate. Councilmember Kerry
suggested that Council make it abundantly clear that they are opposed to cash
gifts.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
authorize contributions in the amount of $2,000 for the Cypress High School
Grad Nite event and $100 for purchase of an ad in the Cypress High School
yearbook and that there be a stipulation the City Council is opposed to giving
cash prizes at Grad Night and if it persists, this will be the Council's last
donation. Councilmember Nicholson suggested that more information be
obtained. After some discussion, Councilmember Kerry withdrew her motion and
Councilmember Age withdrew her second.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
authorize a contribution in the amount of $100 for purchase of an ad in the
Cypress High School yearbook and continue the Grad Nite item to 5:30 p.m.,
March 23, 1992. The City Manager stated that the Chairman of the Grad Nite
Committee would be invited to attend the 5:30 p.m. 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
In regard to Consideration of Attendance at the League of California Cities'
Mayors and Council Members Institute, Councilmember Kerry asked if the July
Lake Tahoe conference should be discussed in conjunction with this meeting.
The City Manager advised that the meetings were completely different and this
was the new Council institute held at a later time because of elections.
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It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
authorize attendance of any interested Council Members to the Mayors and
Council Members Institute, sponsored by the League of California Cities, to be
held on May 13-15, 1992, at the Hyatt Regency Irvine, and be reimbursed for
all actual and necessary expenses incurred. 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
Councilmember Nicholson suggested the Lake Tahoe conference be placed on the
Agenda. The City Manager advised that the Council has already registered and
the issue is the $900.00 will be expended whether they attend or not. This
item will be on the agenda for the next Council meeting.
ORDINANCES (Second Readings & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follows, approving CUP No. 91-
23.
RESOLUTION N0. 4053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT N0. 91-23 - WITH CONDITIONS (LIQUOR STORE WITH
OFFSITE SALE OF GENERAL ALCOHOLIC BEVERAGES, 6271 BALL ROAD).
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Partin
NOES: 2 COUNCILMEMBERS: Age and Kerry
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Partin recessed the meeting at 6:13 p.m. to enable the
Council to enter into Closed Session for matters of personnel and litigation.
The meeting reconvened at 7:32 p.m. with all Councilmembers present and staff
members Essex, Cavanaugh, Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and
Wicker also present.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Nicholson.
The City Manager reviewed discussions held during the 4:30 p.m. Workshop
Session in a joint meeting with the Cultural Arts Commission on Cultural Needs
Assessment and he summarized the actions taken by the Council during the 5:30
p.m. session.
Acting City Attorney Cavanaugh noted two items discussed during Closed
Session, which were the initiation of litigation regarding cable television
franchise fees and labor negotiations with the Police Officers.
PRESENTATION: Orange County Fixed Guideway Agency and Orange County
Transportation Authority
Mr. Dave Shuter, Executive Director of the Central Orange County Fixed
Guideway Agency stated the purpose of the presentation was to familiarize the
Council with the urban rail program for Orange County, the future of urban
rail in the County and the plans for the initial program, particularly how
they would affect the City of Cypress. He introduced Ms. Kay VanSickle,
Deputy Director of the Rail Program Office, Orange County Transportation
Authority, who provided a slide program outlining the Urban Rail study
undertaken during the last two years, the results of that study relating
specifically to the City of Cypress because of the one alignment that clearly
affects the City.
Councilmember Bowman suggested this item be placed on the Agenda for Council
input which will be relayed to the County Committee.
Mayor Partin stated that he believed someone has overreacted to a report
received from the Traffic Commission and the Board of Directors of the Boys
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Club. He requested that a member of each organization, the Athletic Boosters
and Band Boosters and the Boys Club remain. He explained that the
recommendation on the staff report dated March 3, 1992, was to receive and
file and no direct action affecting the bingo would be taken tonight.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, mentioned the large sign
across from the Nature Park advertising rabbits for adoption and asked why the
adoption moving so fast now when it was so slow before, who verifies where
they're going, is there one person or a new committee and she volunteered for
the committee. She also asked if there were any plans to replace the blue
dots which mark fire hydrant locations. She requested answers on her
questions. Mayor Partin directed Public Works Director Donovan to respond,
with Councilmember Age requesting copies for all Councilmembers.
Ms. Bernice Place, 6572 Biak Street, Cypress, stated she was opposed to any
card club in Cypress and informed the Council on the research she had done on
how people felt about card clubs, the card club she visited and alternative
facilities that could be built on the race track property.
ORAL COMMUNICATIONS FOR MATTERS: For Clarification of Matters on the 7:30
P.M. Agenda. No one wished to speak.
CONTINUATION OF CONSIDERATION OF PUBIIC HEARING RE TENTATIVE PARCEL MAP NO
91-309 SUBDIVISION OF TWO PARCELS INTO FOUR PARCELS, 5796, 5816, 5836 AND
5856 CORPORATE AVENUE: Mayor Partin opened the public hearing. The Planning
Director presented the staff report dated March 3, 1992, which was continued
from the Council meeting of February 24, 1992. The applicant had requested
minor changes to the proposed conditions of approval on behalf of the property
owner, Overton Moore Associates. Specifically, that Condition No. 2 be
deleted and that Condition No. 4 be amended by inserting the word "access"
between the words "covering" and "joint" and adding the sentence, "The CC&R's
will be recorded concurrently with the final parcel map." In consideration of
the applicant's request, the City Council directed staff to research the
c;ty's records on the original project approvals for the existing buildings,
to determine whether easements were required and/or any easements were
recorded. As with the original subdivision, the property owner requested that
the proposed tentative parcel map be addressed through CC&R's rather than
easements.
Responding to Councilmember Bowman, the Acting City Attorney replied that the
more adequate approach would be to insert language within the CC&R's,
providing for parking arrangements.
Mr. James Dunlap, representing Williamson and Schmid, stated he concurred with
the staff recommendations.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Bowman 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
Tentative Parcel Map No. 91-306 subject to conditions, with the deletion of
Condition No. 2 and the insertion of the word "access" between "covering" and
"joint." 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
CONTINUATION OF CONSIDERATION OF PUBLIC H ARING RE• CONDITT NAL US PERMIT
1~0. 92-1. LUB AN TUN AUTO SERVICE CENTER,. 9060 WALKER STREET: The hearing
was opened by Mayor Partin. The Planning Director summarized the staff report
dated January 30, 1992, which described a request to establish "Purrfect Auto
Service," a Tube and tune commercial business at 9060 Walker Street in the
Lincoln Avenue Redevelopment Project Area. In accordance with the
requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project.
In answer to Councilmember Age's question on the auto repair shop on the north
side, Chief Wicker reported on the complaints received from that area during
the last 14 months.
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The Planning Director advised that notices of the public hearing had been
published, posted and mailed to all property owners within a 300 foot radius.
Staff has received no written comments, but a few phone inquiries were
received.
Mr. Dudley Gray, Executive Vice President of the Gray Family Corporation,
18411 Crenshaw, #400, Torrance, stated they have been working with staff,
agreed with the conditions but questioned Condition No. 54 which required
paying $1,275.00 to Fish and Game.
The Mayor explained that this new law was imposed by the state and not the
City.
Mr. Gray advised that the hours of operation are from 8:00 a.m. to 5:00 p.m.,
six days a week and explained the nature of the proposed business.
The Planning Director commented that, after the report was prepared, staff
determined that only the County administrative fee would have to be paid, so
that would reduce the amount due the Fish and Game Department to $25.00. The
Acting City Attorney clarified that the fee was due 48 hours from tonight.
The Planning Director presented a revised Condition No. 54 to Council.
Mayor Partin asked if anyone wished to speak in favor of the application. No
one spoke. He asked if anyone objected to the application.
Vicky and Anita Boylan, neighbors on the south side of the property, stated
they don't own the alley, but it is the easement to their yard and now they
will have only three feet of access to the back yard. The property line down
the center of the abandoned alley has never been fenced and never been
claimed.
Councilmember Bowman advised that this raised an issue that would have to be
pursued legally.
Ms. Boylan asked if the new block wall would be built down the middle of the
alley. The Planning Director replied that there is a site plan available
which shows where the existing driveway is in relation to the wall, which is
in the middle of the old alley. The Acting City Attorney advised that this
would be considered a civil matter between the neighboring owner and the
applicant and the City would not be involved.
After some discussion, Councilmember Bowman advised that if the plan is
approved tonight and the alley is not abandoned then applicant would not be
able to build.
Councilmember Kerry stated the neighbor uses the alley and felt more
information was needed on the abandonment process with an explanation of the
circumstances.
The Acting City Attorney explained that the process of abandonment would not
necessarily address the issue of any prescriptive rights. It is a legal
procedure in which the neighboring property owner would have to establish that
an abandonment has taken place.
After further discussion, Mr. Bill Johnson, 5247 Hanover Drive, Cypress, the
listing agent on the property, clarified that the legal description included
the abandonment of the alley, it is insured by Continental Land Title as a
portion of the owner's land and there is no easement spelled out.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, voiced protest against the
proposed lube and oil business because there is one right across the street
and he questioned the parking availability.
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
Conditional Use Permit No. 92-1, subject to the conditions including revised
Condition No. 54. The Planning Director advised that, for the record, the
hours of operation, 8:00 a.m. to 6:00 p.m., six days a week Monday through
Saturday could be made a condition. Councilmembers Bowman and Nicholson
agreed to include the condition. 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
CONSIDERATION OF PUBLIC HEARING RE• AMENDMENT TO ONING ORDINANCE NO 92 1~
AMENDMENT TO SECTION 16.0 "NONCONFORMING USES, STRUCTURES, SCREENIN G
PERFORMANCE STANDARDS, AND SIGNS" OF THE CYPRESS ZONING ORDINANCE: The Mayor
declared the public hearing open. The Planning Director presented the staff
report dated February 13, 1992, which indicated this item had been continued
from the City Council meeting of August 12, 1991 and represented a request for
an amendment to the Cypress Zoning Ordinance, "Nonconforming Uses, Structures,
Screening, Performance Standards and Signs." The amendment was initiated
after a review of the existing Nonconforming Ordinance, which concluded that
modification of the ordinance was needed in order to address due process
requirements pertaining to exempt structures and the abatement of
nonconforming structures. Also mentioned in the August 12, 1991 staff report
was a request for the formation of a Hearing Body in order to provide for the
City Council to act in the capacity of an appeals board. The proposed options
for the Hearing Body were: City administrative staff only, staff and Cypress
Citizens or Cypress Citizens only. The Planning Director explained the
implementation of the revised nonconforming use process.
Mayor Partin asked if anyone wished to speak in favor of or against the
proposed amendment. No one spoke.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
close the public hearing, approve the first reading of the Ordinance by title
only, title as follows, amending Section 16.0 of the Cypress Zoning Ordinance
and direct staff to return to Council with the resolution designating the
format of the hearing body, which will consist of two City staff members and
three Cypress citizens.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
16 ET SEQ., "NONCONFORMING USES, STRUCTURES, SCREENING, PERFORMANCE
STANDARDS, AND SIGNS," OF APPENDIX I, "ZONING," OF THE CODE OF THE CITY
OF CYPRESS.
The motion unanimously carried by the following vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PARKIN, ISSUES ASSO rATED WITH EV NING RrNrn
OPERATIONS AT THE CYPRESS BOYS AND GIRLS CLUB: The Public Works Director
called upon Traffic Commission Chairman David Garber to present the staff
report dated March 3, 1992, which reviewed the events occurring since this
issue was first presented on September 23, 1991. At that City Council
meeting, Mr. Donald Eldridge, a neighbor of the Boys and Girls Club, presented
a petition to the City Council expressing concerns about the noise and traffic
generated from the bingo operations at the Club on Wednesday, Saturday and
Sunday evenings. The residents on Myra Street are unable to park in front of
their homes on those bingo evenings. Mr. Garber remarked that the Traffic
Commission discussed several options in an attempt to alleviate the parking
problems generated by the bingo and he mentioned those considerations. The
Traffic Commission Chairman reported that it was the recommendation of the
Commission that none of the options would serve as a solution to the problem
and that the Bingo people consider another site for the Saturday and Sunday
operations.
Mr. Ray Thomson, Executive Director of the Boys and Girls Club, presented a
document to the Council listing the many things they have done to reduce
noise. The Club President met with each of the neighbors and the only
remaining problem was the parking in front of the residents home. Mr. Thomson
suggested that Myra Street be designated permit parking and the crosswalk
moved from Myra to Citation so more parking places would be opened up, which
would provide an effective solution. The other part of the recommendation
would be to stripe the parallel parking slots on Moody Street.
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Mr. Gil Grant, 6071 Lemon Avenue, Cypress, stated he has been associated with
bingo at the Boys Club and he wanted to move the Sunday night bingo up but the
American Legion protested to the Police Department so the starting time
remained as stated in the license.
Mr. Donald Eldridge, 4931 Myra Street, Cypress, reported that he had video
tapes of 128 cars parked on Myra on Wednesday night, 120 cars on Saturday
night and 195 cars on Sunday night. The neighbors have worked with the Boys
Club and they want to be able to have guests park on their street. He stated
the bingo operation has outgrown the facility, they are operating without a
conditional use permit and the situation should be considered from the
residents viewpoint. He produced two flyers that were passed out over the
weekend from the bingo groups.
Ms. Judy Brown, 10201 Christopher Street, Cypress, remarked that when the
library moved out and the Boys Club moved in, the neighbors were in total
support. She stated that: when families come to visit, they have a right to
park in front of the house and the boys and girls that frequent the club are
not allowed use the club as often because of the bingo games. This operation
is making money and a money-making business does not belong in a residential
area.
Mr. Louie Gianpappa, 4921 Marion Avenue, Cypress, Vice-President of the
Cypress Athletic Booster Club, stated they are exploring sites other than the
Boys and Girls Club and, as yet, have not found a place. He mentioned the
problems encountered. and the costs involved. The Boys Club would lose over
$30,000 annually in rent revenue from the Boosters if they found an
alternative location. He provided a proposal for moving the crosswalk and
adding additional parking spaces.
Responding to Council questions, Mr. Gianpappa provided the names of
facilities that have been contacted as a possible bingo site.
Mr. Jack Weber, Principal of Cypress High School, voiced his support for the
Band and Athletic Booster Clubs because of their contributions to the school
over several years. He apologized for prematurely sending out notification to
the community and he was unaware that this was not an action item. He spoke r
about the use of the gymnasium for bingo, but it is fully utilized on
Saturdays.
Councilmember Age commented that this is an issue of concern, it has been
before the Council more than once and the Council needs to take steps that
will be advantageous to both the bingo sponsors and the neighbors.
Mayor Partin stated that no action will be taken on this item tonight but the
situation has to be rectified. He advised that Lexington Junior High School
has more parking and is a part of the Anaheim Union School District.
Councilmember Nicholson stated the Boys and Girls Club was not meant to handle
that many people and she felt that perhaps the City could provide the Booster
Clubs with assistance in finding another site.
Councilmember Kerry noted that no one is trying to eliminate bingo, but
everyone needs to work toward a solution with better parking. The residents
do have some legitimate complaints.
Ms. Eleanor Stein, 4991 Myra Avenue, Cypress, presented additional points on
behalf of the area residents. She mentioned property values, safety, people
parking in the red curbing, unsafe driving, the telephone trucks that have to
double park on Myra and the Sunday barbecues.
Mr. Manfred Stein, 4991 Myra Avenue, Cypress, presented the Council with a
flyer, for the record, that was distributed today.
Mr. Christopher Biby, 4951 Myra Avenue, Cypress, stated he supported the high
school activities, bingo is a good way to obtain funds to support the
activities and the high school is a good place to conduct the bingo games. He
provided four options: move bingo to the high school, to the Cypress
Community Center, the race track or supply those directly affected by the
inconvenience of the bingo parking monetary compensation.
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Mr. Richard Graham, 4921 Myra Avenue, Cypress, told of the confrontation he
had with a bingo patron after he ran into the back of Graham's pickup and
walked away using abusive language.
Mr. Bill Dumas, 4851 Myra Avenue, Cypress, noted he has observed cars parked
in front of his driveway, the fire hydrant and he produced a flyer that was
put inside his mailbox today. Last night, flyers had been placed on the cars
and this morning a number of the flyers were in the gutter.
Mr. Larry Hull, 5022 Myra Avenue, Cypress, stated that the guests of the
Booster Clubs are coming into the neighborhood and abusing it. He would like
to see the bingo move somewhere else and this issue closed.
Mr. Greg Masters, 5002 Myra Avenue, Cypress, he advised that it is more than a
few people that are upset, it is the whole neighborhood. The traffic is not
abating, it is getting worse.
Mr. Gerald Elfman, 4161 Paseo de Oro, Cypress, President of the Cypress High
Band Boosters, stated that once he became aware of the problems in the
neighborhood, he was concerned and he has worked to try to alleviate some of
those concerns. They have monitored parking on bingo nights, policed
distribution of flyers, shortened bingo playing hours and the bingo operators
do care about the neighbors. He mentioned the proposals that have been
presented to the neighbors that have been rejected and the parking permit
program, in conjunction with the striping of Moody, was made with the proposal
to reimburse the City for all costs. In the interim, there has to be a way
that they can coexist until a permanent solution is reached.
Ray Thomson said that the Boys and Girls Club was deeply concerned with the
problem, they don't want to see the revenue lost, they are willing to work
toward any viable solutions and they want to resolve the problems. They have
taken steps to resolve those problems, he doesn't want that to be overlooked
and he requested feedback from the neighbors.
It was moved by Councilmember Nicholson to receive and file the staff report,
contact the Boys and Girls Club Board of Directors requesting them to meet
with the Band and Athletic Boosters, the residents and Traffic Commission,
report back to the Council with an acceptable interim solution. Councilmember
Age stated she would also request that an alternative site for the bingo
operations be found as soon as possible. Councilmember Bowman commented that
the Boosters have come up with some possible interim solutions such as the
striping and the permit parking and would like to see the Traffic Commission
work with the Boosters and the neighbors. He didn't believe that the site was
conducive to the present operations. Councilmember Nicholson stated that
Councilmember Age's statement be incorporated into the motion. Councilmember
Nicholson suggested that the Principal of Cypress High School contact the
Anaheim Union School District to determine the use of Cypress High School or
Lexington Junior High School as an alternative site. The motion was seconded
by Councilmember Age. The Mayor requested that the Traffic Commission, in
conjunction with the City Traffic Engineer, determine how many parking places
are available at the Boys and Girls Club because this situation cannot
continue and he wanted this resolved within the next six months to one year.
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
R CESS: Mayor Partin recessed the meeting at 10:20 p.m. and reconvened the
meeting at 10:40 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF CATV COMMI SION R COMMENnaTrnN ON TH SECOND
AMENDMENT TO THE CATV FRANCHISE: Assistant City Manager Barrett presented the
staff report dated February 19, 1992, which requested that the City Council
remove the second amendment to the Cable Television Franchise Agreement from
the table and place it back on the agenda for consideration. Copley/Colony
will be required to provide some type of pay-per-view service and the City has
not granted them any additional channel space to comply with the franchise
agreement. Since many of the institutional uses envisioned by both the City
and Copley/Colony have not materialized, a continued freeze on alternative
uses of the Cypress cable institutional channels is considered by the CATV
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Commission to be an ineffective use of the resources available to the cable
operator and the community. Copley/Colony does not intend to use all five
channels immediately because they would not want to have to drop any existing
programs if new, very desirable programming becomes available and they had
already utilized all of the new channel capacity.
Mr. Larry Carragher, General Manager of Copley/Colony Cablevision, 5595
Corporate Avenue, Cypress, remarked that Copley/Colony would like the
opportunity to provide additional viewing choices for their subscribers. The
proposed amendment addresses the concerns of the Council in how they would use
the channels. The annual program survey will become a public document and
they will review input from the City and the citizens prior to making
decisions as to what services will be put on those channels. He stated they
cannot enter into serious negotiations with program suppliers when they can't
guarantee they will be put on the air.
Councilmember Kerry encouraged publication of the results of the survey so the
community knows surveys are taken.
CATV Commission Chairman Bob Parish, 9383 Lexington Street, Cypress, stated he
supported the adoption of the second amendment to the Franchise Agreement, the
Commission has discussed it at great length and they feel the channels
requested are dead spaces that need to be filled.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the Second Amendment to the Franchise Agreement between the City
and Copley/Colony Cablevision of Cypress, including the Memorandum of
Understanding, adopt the Ordinance by title only, title as follows, approving
the amendment and direct the Mayor to sign the amendment on behalf of the
city.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE
CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF CYPRESS AND
COPLEY/COLONY CABLEVISION OF CYPRESS, INC., REGARDING THE USE OF THE
INSTITUTIONAL NETWORK. r
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
Councilmember Kerry commented about the cable boxes and she hoped to see
replacement boxes in all subscribers' homes as soon as possible.
CONTINUATION OF CONSIDERATION OF AUDIT REQUIREMENT FOR COMMUNITY ORGANIZATIONS
USING PUBLIC FACILITIES: At Council's request, and attached to the staff
report dated March 4, 1992, was a draft letter and survey to be sent to these
community organizations approved by the Council.
Mayor Partin asked that the letter request the organizations to enclose a copy
of their current budget. Councilmember Kerry suggested that, in the last
paragraph, the word "needs" be changed to "accountability."
Responding to Councilmember Bowman, the Recreation and Park Director replied
that the list of organizations was limited to those that use the District's
facilities and/or those they cosponsor.
Councilmember Age asked that a record be kept of comments received.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve the letter and survey with the inclusion of the request for a copy of
the budget. 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
rONTINUATION OF CONSIDERATION OF INCREASE IN PAY RATES FOR TEMPORARY AND
SEASONAL/PART-TIME EMPLOYEES - NEW HOURLY RATE STRUCTURE: The City Ma-Hager
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City Council Minutes March 9, 1992
presented the staff report dated March 3, 1992, which indicated the estimated
overall percentage increase for the affected temporary and seasonal/part-time
employees was 4.3%.
Councilmember Kerry requested staff keep Council advised on the outcome of
discussions with incumbents in certain part-time positions.
It was moved by Councilmember Age and seconded by Councilmember Kerry that the
City Council and acting as ex officio governing Board of Directors for the
Cypress Recreation and Parks District, move to approve the Resolution by title
only, title as follows establishing a new hourly pay rate structure and range
designations for temporary and seasonal/part-time employees effective to the
closest pay period to February 28, 1992.
RESOLUTION N0. 4054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .CYPRESS, AND ACTING AS
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING
RESOLUTIONS N0. 3703, 3596 AND 3936 BY ADDING AND CHANGING CERTAIN
ESTABLISHED CLASSIFICATION TITLES AND PAY RATES FOR TEMPORARY AND
SEASONAL EMPLOYEES NOT PLACED WITHIN THE POSITION CLASSIFICATION PLAN.
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 SENIOR MEALS PROGRAM: The City Manager advised that an
update on the current status of the Senior Meals Program was requested by
Council at their last meeting. The Recreation and Park District Director's
memorandum indicated that there have been discussions on cutbacks but the
current Senior Meals Program is adequately funded and is not in need of
additional support at this time.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
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
CONSIDERATION OF STATUS REPORT ON THE FIRE SERVICES TASK FORCE: The Personnel
Director reported on the first meeting of the Fire Services Task Force held
March 4, 1992. The Task Force discussed procedural issues and meetings will
be held each Wednesday night at 7:00 p.m. in the Assembly Room at the
Community Center. The first report to Council will be at the April 13
meeting. Mr. John Wilkerson was elected Chairman and Mr. Al Berg was made
Vice-Chairman.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
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
CONSIDERATION OF APPROVAL OF COMMERCTAI WARRANT LISTS FOR WARRANTS NO 4951
49742: It was moved by Councilmember Age and seconded by Councilmember Kerry
to approve the Warrants No. 49515 through 49742 in the amount of $780,522.59.
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
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City Council Minutes March 9, 1992
Recreation and Park District Matters:
CONSIDERATION OF COMMUNITY CENTER RESERVATION REFUND POLICY: Recreation and
Park District Director DeCarlo summarized the staff report dated February 24,
1992, which represented a recommendation from the Recreation and Community
Services Commission that the City Council approve the Community Center
cancellation fee. With the recent change in the Community Center reservation
policy to permit up to one year advance reservations, consideration must be
given for change in the current cancellation fee policy. An increase in
cancellations is expected due to the long reservation period; therefore, staff
is suggesting a more stringent policy.
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, approve the Community Center
cancellation fee as recommended by the Recreation and Community Services
Commission. 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 11:19 p.m. to enable the Council
to act as the Cypress Redevelopment Agency. The Council meeting reconvened at
11:23 pm.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Nicholson reported that Kay Moyer, owner of Kay's Korner, passed
away early Sunday morning and the services will be held Wednesday, March 11,
1992, Mt. Calvary Church at 10:00 a.m. with burial at Forest Lawn.
Councilmember Kerry spoke on behalf of the Grad Nite Committee's "Back to the
Races" night at the Los Alamitos Race Track on Friday night, 7:00 p.m., March
20, $20 tickets include full course dinner, club house, admission, free
parking, silent auction and door prizes.
Councilmember Nicholson announced that Soroptimists are having a "Green Tie"
affair Saturday night, which is a casino night at the Community Center,
tickets $15 and food will be available.
Responding to Councilmember Kerry, Chief Wicker clarified that the D.A.R.E.
"Night at the Races" will be held on March Z1, 1992 and tickets that were for
the February date will be honored on March 21.
Councilmember Bowman mentioned that Mr. Sundwall had discussed with him the
possibility of installing videos on police cars. The Police Chief explained
that Mr. Sundwall had suggested the installation of a video scanning unit in
the police units and it is a somewhat effective way to videotape citizen
contacts which can be used later. The scanning units have some validity and
they are almost to a usable point in some situations.
Councilmember Bowman stated he had received a call about the traffic on Holder
Street and the residents would like the Police Department to enforce the
traffic laws on Holder between Ball and Orange.
Councilmember Kerry asked if Holder Street could be remonitored to determine
the average vehicle speed and perhaps place this item on the agenda for
discussion. The City Manager suggested that this item be placed on the next
Agenda with a status report.
Councilmember Bowman suggested that the City has $7,500 budgeted for a
Cultural Arts needs assessment and the Commission wanted some direction. The
City Manager responded that he would place this item on the next Agenda.
Councilmember Bowman wished to respond to the conditional use permit that was
granted to "Purrfect Auto Service" and the point that should be made about the
abandoned alley is that it is not a City issue, it is a civil matter between
the two property owners.
The City Manager spoke of the upcoming tour the Council will take of the
recycling facility. A majority of the Council will be going on the tour, so
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City Council Minutes March 9, 1992
this meeting will be adjourned to 10:30 a.m., March 17 at City Hall. The
interviews for the vacant position on the Cultural Arts Commission will be
conducted at 4:30 p.m. in the Administrative Conference Room on March 23.
The City Manager reported that the Council received a written communication
from the Commander of Post 295 of the American Legion regarding a building and
they had asked for a meeting with Council.
Chief Wicker reported that both the Penal and Municipal Codes regulate bingo
operations and a bingo operation must be conducted where that nonprofit
charitable tax exempt organization conducts its primary purpose, duty and
responsibility. He advised that when both the Band and Athletic Boosters
started bingo, they functioned at the Boys Club because they were unable to
function elsewhere and an exception was made. Also, a bingo operation can
only be conducted where the nonprofit, tax exempt charitable organization
primarily conducts its base of operation. Additionally, the penal code also
says that no more than $1,000 from bingo profits may be expended in any one
given month towards the furtherance of the bingo game and the City is awaiting
a confirming letter from the Attorney General's office.
Responding to Mayor Partin, the Chief explained that a move to Lexington
Junior High School, which is a facility that is in the Anaheim Union High
School District and benefits from those two programs is more in line with the
legislative intent of the law than operating at the Boys and Girls Club.
The City Manager reiterated the request from the American Legion for a meeting
with the Council and Councilmember Kerry suggested the April 13, 1992 meeting,
5:00 p.m. in the Administrative Conference Room.
Councilmember Bowman remarked that Via Maria had a spotlight in the parking
lot and asked if there were any regulations governing spotlights. The
Planning Director will respond.
ADJOURNMENT: Mayor Partin adjourned the meeting at 11:40 p.m. to 10:30 a.m.,
March 17, 1992, City Hall.
`
MAYOR OF THE CITY OF CYPRESS
ATTEST:
;
CITY CLERK OF THE CI Y OF CYPRESS
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