Minutes 92-03-23 r
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 23, 1992
The Regular Meeting of the Cypress City Council convened at 4:30 p.m., Monday,
March 23, 1992, in the Administrative Conference Room, City Hall, 5275 Orange
Avenue, Mayor Richard Partin presiding.
PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin
ABSENT: None
INTERVIEW SESSION: The City Council interviewed five applicants for possible
appointment to the one vacancy on the Cypress Cultural Arts Commission.
RECESS: Mayor Partin recessed the meeting at 5:30 p.m. to enable the
Councilmembers to reconvene in the Council Chamber. The meeting commenced at
5:48 p.m. with all Councilmembers present, City Manager/City Clerk Darrell
Essex, City Attorney Jerry Patterson and staff members Bacock, Barrett,
Donovan, Hamlin, Storey and Wicker also present.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
Regarding the Cultural Arts Commission appointment, it was moved by i
Councilmember Bowman and seconded by Councilmember Nicholson to defer
discussion on this item until the 7:30 p.m. session, New Business, Item 30a.
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 ANNUAL TRAFFIC PAINT SUPPLI CONTRA T: The
Public Works Director summarized the staff report dated March 16, 1992, which
requested a renewal of an existing contract with Bauer Coatings Division of
Morton International, Inc. for the continued supply of traffic paint and
reflective spheres. Bauer Coatings has offered to renew the purchase contract
for an additional one year period with no increase in price.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
authorize a renewal of a traffic paint supplies purchase contract for a one
year period ending March 13, 1993 with Bauer Coatings Division of Morton
International, Inc., 1021 North Mission Road, Los Angeles, CA 90033, for a
contract price not to exceed $19,000.00. 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 RETENTION OF PROFESSIONAL SERVICES FOR BID PHASE PLAN
REVIEW/CONSULTATION AND GRADING OBSERVATION FOR SENIOR CITIZ NS CENT R, PUBLIC
WORKS PROJECT N0. 9033: The staff report dated March 10, 1992 was reviewed by
the Public Works Director indicating that it would be advisable to have
GeoSoils review the plans and specifications of the proposed Senior Citizens
Center to insure conformity with the Geotechnical Report and be available for
bid phase consultation.
After some discussion on insurance, it was moved by Councilmember Nicholson
and seconded by Councilmember Bowman to award a contract for the professional
services of GeoSoils, Inc., 1446 East Chestnut Ave., Santa Ana, CA 92701, for
bid phase plan review and consultation and observation of grading excavation
for the construction of the Senior Citizens Center, for an amount not to
exceed $4,000.00. 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
.e
P
S.y'
City Council Minutes March 23, 1992
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 requested Items No. 13 and 14 be removed for discussion and
called attention to the addition of Item No. 15a. Councilmember Bowman asked
that Item No. 12 be considered further.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 3 through 15a, with the exception of s
Items No. 12, 13 and 14. 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 March 9,
1992.
Recommendation: That the City~Council approve the Minutes of March 9, 1992,
as submitted.
Item No. 4: Motion to Introduce n~/or Adopt All Ordinances and Resolutions
Presented for Consideration by;Ti~fl Only and to Waive Further Reading.
Item No. 5: Consideration of Renewal of Non-Exclusive Taxicab Franchise -
Yellow Cab Company.
Recommendation: That the City Council authorize a one-year renewal of the
non-exclusive Taxicab Franchise issued to the Yellow Cab Company, to expire on
March 23, 1993.
Item No. 6: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Hamidul Haque, Mohammad Amirul & Nasima A. Karim, D.B.A.
Lincoln Market, 5177 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 7: Consideration of Proclaiming May 2-9, 1992, as "Clean Air Week".
Recommendation: That the Mayor and City Council officially proclaim the week
of May 2-9-1992, as "Clean Air Week" in the City of Cypress.
Item No. 8: Consideration of Design Review Committee's Approval of DRC #92-6.
Recommendation: Receive and file.
Item No. 9: Consideration of Authorization to Attend The National Association
of Broadcasters (NAB) Conference.
Recommendation: That the City Council approve the attendance of John Olson,
Video Production Coordinator, at the 1992 National Association of Broadcasters
conference on April 13-14, 1992, at the Las Vegas Convention Center, and be
reimbursed for all actual and necessary expenses incurred.
Item No. 10: Consideration of Adoption of Ordinances Relating to Labor Camps, _
Food Handling Businesses and Health Services Fees.
Recommendation: That the City Council approve the first reading of the
Ordinances by title only, titles as follows, relating to Labor Camps, Food
Handling Businesses and Health Services fees.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING
ORDINANCE N0. 549 AND REVISING ARTICLE VI TO CHAPTER 13 OF THE CYPRESS
CITY CODE RELATING TO LABOR CAMPS.
2
` y,
City Council Minutes March 23, 1992
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING
ORDINANCE N0. 516 AND REVISING ARTICLE I AND ADDING ARTICLE II TO
CHAPTER 13 OF THE CODE OF THE CITY OF CYPRESS RELATING TO FOOD HANDLING
BUSINESSES AND HEALTH SERVICES FEES.
Item No. 11: Consideration of Status Report Regarding Traffic Study on Holder
Street.
Recommendation: That the City Council continue this matter to the meeting of
April 13, 1992.
Item No. 15: Consideration of an Application for Alcoholic Beverage License
Transfer filed by Ibrahim Hussain & Farida Ibrahim Dadabhoy and Bilal Ayoob &
Nahyid Bilal Manjra, D.B.A. Cypress Mini Market & Smog, 4988 Ball Road,
Cypress.
Recommendation: Receive and file.
Item No. 15a: Consideration of appropriation for the "Loyalty Day" Event, Co-
sponsored by the City of Cypress and the Cypress VFW Post #9847.
Recommendation: That the City Council approve a contribution, in the amount
of $750, for the "Loyalty Day" event, co-sponsored by the City of Cypress and
the Cypress VFW Post #9847, to be held on May 2, 1992, at the Veterans Park.
END OF CONSENT CALENDAR
Regarding Consideration of Monthly Investment Program for the Month of
February 1992, Councilmember Bowman asked if the current market value of
Colonial U.S. Government Trust is less than what the City paid for it. The
Finance Director explained that Trust is a mutual fund of U.S. Government
Securities and it will vary based on the interest rate. 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
In regard to Consideration of Continuation of Supplemental Plan Review
Services, Councilmember Age asked how often the City uses Willdan Associates
for plan review services. The Public Works Director responded that they use
this firm sporadically to handle any overflow from the primary consultant. It
was moved by Councilmember Age and seconded by Councilmember Nicholson to
authorize the extension of the contract with Willdan Associates, 12900
Crossroads Parkway South, Suite 200, Industry, CA 91746, for supplemental
structural plan review services on an as-needed basis for a one (1) year
period, expiring on March 23, 1993, at the existing rate of compensation. 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
Regarding the Continuation of Consideration of Communication From Cypress High
School Requesting Support of Grad Nite, Councilmember Age asked if anyone was
present from the Grad Nite Committee and Ms. Cindy Hamme, 4465 Avenida Carmel,
Cypress, was in attendance, representing Ms. Linda Brown, Grad Nite Committee
Chairperson. Ms. Hamme read a letter from Ms. Brown which attempted to
clarify the question of awarding of cash prizes at last year's Grad Nite
event.
Ms. Darlene Little, 6194 Orange Avenue, Cypress, presented the Council with a
copy of the Grad Nite Committee budget, budgeting $25,987.26 out of which
$4,000 will be left as seed money for next year's event. There was $5,900
left from last year for this year. Councilmember Age asked Ms. Little if she
was aware that Cypress High School was coming before Council to request funds
for graduation night ceremonies and she replied in the negative.
Councilmember Age understood the program was good, there is a business
3
~~4
City Council Minutes March 23, 1992
community that gives fabulous prizes and she suggested reducing the City's
contribution this year and in the ensuing years. Councilmember Nicholson
concurred with Councilmember Age and the City should cut back in their
donations to Grad Nite. She suggested that next year, Grad Nite not expect a
$2,000 contribution from the City. Councilmember Bowman was in favor of
awarding Grad Nite $2,000 because it is money well spent and a good program.
Councilmember Kerry expressed her support of Grad Nite being held at the high
school, is totally supportive of donating to Grad Nite and would like the
donation to diminish to approximately $1,000 in the future. However, this
year she would support the $2,000. Councilmember Age requested that any
motion state that any future Grad Nite contributions be budgeted so there is
no misunderstanding.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
contribute $2,000 to Grad Nite this 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
It was moved by Councilmember Kerry and seconded by Councilmember Age to
direct staff to budget $1,000 for next year's Grad Nite. Councilmember Bowman
stated that this is money well spent and will vote against this motion. He
asked Chief Wicker about the Asset Seizure fund and the possibility of using
monies from that fund for Grad Nite and the Chief replied in the negative.
Mayor Partin commented that he'believed it was premature to set an amount for
next year's Grad Nite and would vote against the motion. The motion carried
by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Kerry and Nicholson
NOES: 2 COUNCILMEMBERS: Bowman and Partin
ABSENT: 0 COUNCILMEMBERS: None
Regarding Councilmember Bowman's question about utilization of Asset Seizure
funds, Chief Wicker responded that a sober graduation is the main impetus
behind Grad Nite and the Police Department would budget an additional $500 for
next year.
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, approving Tentative
Parcel Map No. 91-309.
RESOLUTION N0. 4055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
TENTATIVE PARCEL MAP N0. 91-309 - WITH CONDITIONS (SUBDIVISION OF TWO
PARCELS INTO FOUR PARCELS, 5796, 5816, 5836 AND 5856 CORPORATE AVENUE).
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 COUNCILMfMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, approving CUP No. 92-1.
RESOLUTION N0. 4056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT N0. 92-1 - WITH CONDITIONS (CUBE & TUNE AUTO
SERVICE CENTER, 9060 WALKER STREET).
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
4
~ f
4~
City Council Minutes March 23, 1992
Councilmember Bowman indicated that the hearing body of two staff members and
three citizens was not mentioned in the Ordinance and should be so designated.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
order the following Ordinance read by title only, title as follows, and to
adopt the Ordinance amending Section 16, with the addition of designating a
hearing body of two staff members and three citizens in Section 16.
ORDINANCE N0. 879
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 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 Kerry and seconded by Councilmember Age to order
the following Ordinance read by title only, title as follows, and to adopt the
Ordinance amending the Cable Television Franchise Agreement.
ORDINANCE NO. 880
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.
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
CLOSED SESSION: Mayor Partin recessed the meeting at 6:45 p.m. to allow the
Council to enter into Closed Session for discussion of litigation matters.
The meeting reconvened at 7:31 p.m. with all Councilmembers present and staff
members Essex, Patterson, Bacock, Barrett, DeCarlo, Donovan, Hamlin Storey and
Wicker also present.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: Councilmember Kerry led the pledge.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, asked about his suggestion of
video cameras for some of the Cypress police cars. Police Chief Wicker
reported that he received direction from the Council to include video cameras
in the next budget.
Ms. Bernice Place, 6572 Biak Street, Cypress, asked if the City of Cypress'
budget was in the black and the City Manager responded that the City is in the
black and constantly looking for ways to balance the budget. Ms. Place stated
she has been talking to people on the west side of Cypress and they are
against a card club. Mayor Partin stated that the card club issue is dead.
Mr. Lou Cohan, 8592 Cypress Avenue, Cypress, asked if there were any building
codes or City regulations on how home owners must maintain their property and
mentioned addresses of several properties that needed to be cleaned up. He
mentioned the green and tan trash cans that are left out all the time and not
put away. Mayor Partin advised that there was no law that dictated how a home
owner must maintain his property. The City Manager asked Mr. Cohan to leave
his name and telephone number with the Planning Department, the code
enforcement officer will be sent out to check each address to determine if
there are any violations.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
5
` 4~6
City Council Minutes March 23, 1992
Mayor Partin proclaimed, on behalf of the Women's Club of Cypress, the month
of April as "Membership and Federation Month for the Women's Club of Cypress"
per the General Federation of the Women's Club International.
The City Manager advised that the City Council conducted interviews of
applicants for the vacancy on the Cultural Arts Commission and he summarized
the actions taken by the Council during the 5:30 P.M. portion of the meeting.
The City Attorney reviewed discussions held by the Council during Closed
Session on the pending litigation item of Cal-Science vs. the City of Cypress
and Council unanimously authorized full settlement of this case.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 92-4,
ENTERPRISE RENT-A-CAR, 4915 LINCOLN AVENUE: Mayor Partin opened the public
hearing. Associate Planner, Holly Hamlin, presented the staff report dated
March 5, 1992, which represented a request by Enterprise Rent-A-Car to operate
a car rental office located at 4915 Lincoln Avenue. In accordance with the
California Environmental Quality Act, the proposed project has been determined
to be categorically exempt. The proposed office will be utilized by a maximum
of four employees and the required parking for this type of use is five
spaces. The proposed car rental office differs from traditional car rental
companies in several ways. Staff has included a condition that any overnight
parking of vehicles must be in the area designated on the site plan and not to
exceed five vehicles. Notices of the public hearing were posted, published
and mailed to all property owners within a 300 foot radius. To date, staff
has received no communications regarding this proposal.
Mr. Rich Thrasher, Enterprise Rent-A-Car, 4915 Lincoln Avenue, Cypress,
explained the nature of the business was to deliver cars or pick them up for
applicants in the Cypress area who have insurance company needs. A small
inventory is kept because reservations are taken far in advance for the cars
and the anticipation of need is far better than the average car rental
company.
Mayor Partin asked if anyone wished to speak in support of or opposition to ?
the application. No one did so.
It was moved by Councilmember Bowman 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
Conditional Use Permit No. 92-4, 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
rnNSrnFRATtON OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT N0. 92-2, DROP-
OFF/PICKUP DRY CLEANERS, 5018 BALL ROAD: Mayor Partin declared the public
hearing open. The Associate Planner summarized the staff report dated March
19, 1992, which represented a request to establish and operate a retail dry
cleaning service, excluding machinery, within an existing commercial center
located at 5018 Ball Road. In accordance with the requirements of 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 of the subject property. To
date, no communication has been received regarding this application.
Responding to Councilmember Kerry question as to why the drop off cleaners
needed to come before Council, Ms. Hamlin replied that in the CN zone it is a
code requirement because of the proximity to residential areas.
Councilmembers Bowman and Kerry suggested the code be changed to differentiate
between dry cleaners with dry cleaning equipment and drop off facilities only.
The applicant, Mr. Agop Barin, 4029 Via Ingresso, Cypress, was in the audience
but did not have any comments.
No one wished to speak in support of or against the application.
It was moved by Councilmember Age 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
6
..-Y
4
City Council Minutes March 23, 1992
Conditional Use Permit No. 92-2, subject to the conditions in Exhibit "A."
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• EXTENSION OF AMENDMENT TO CONDITIONAL USE
PERMIT NO 82-18, EXTENDED HOURS OF OPERATION DURING DAYLIGHT SAVINGS TIME AT
H & M RECREATIONAL VEHICLE STORAGE, 4656 LINCOLN AVENUE: The public hearing
was opened by Mayor Partin. Ms. Hamlin, the Associate Planner, reviewed the
staff report dated March 12, 1992, which indicated that in September 1991, the
City Council approved Amendment to Conditional Use Permit No. 82-18 for
extended hours of operation. The extended hours of operation are from 8:00
a.m. to 7:00 p.m. daily during daylight savings time only. At this time, the
applicant is requesting a permanent extension of Amendment to Conditional Use
Permit No. 82-18. These extended hours revert to regular business hours of
operation (9:00 a.m to 5:00 p.m.) when daylight savings time is no longer in
effect. A Negative Declaration was filed for the extended hours of operation
when the permit was originally approved. Notices of this public hearing were
posted, published and mailed to the property owners within a 300-foot radius
of the subject property. At the time of this report, staff had not received
any communication regarding this matter. Today, however, some correspondence
was received from Gary and Anne Marie McClaflin, 9161 Julie Beth Street,
Cypress, indicating there were no remarkable incidents after hours but they
were again asking Council to deny the request for a permanent change of hours.
The Police Department has not received any noise complaints regarding the
subject business operation within the past six months.
Mr. Steve Basco, H&M RU Storage, 4656 Lincoln Avenue, Cypress, stated that the
lot rules have been enforced and security does not patrol next to the
neighboring homes any longer.
Mayor Partin asked if any one wished to speak in support of the application.
Mr. Robert James, La Palma, stated he does rent from H&M, found it very
restrictive to be there before 5:00 p.m. and the RV couldn't be moved in the
evening or the morning if the person was working. He requested the hours 8:00
a.m. to 7:00 p.m. be effective all year around.
Mayor Partin advised that it would take another public hearing requested by
the applicant to extend those hours permanently and it cannot be done in
conjunction with the amendment before Council at this time.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, commented that he would like
to see the hours extended from 8:00 a.m. to 7:00 p.m. so RVs can readily park
on the lot rather than on the public streets.
No one else spoke in support of or in opposition to the extension of Amendment
to CUP 82-18.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
close the public hearing and approve the extension of Amendment to Conditional
Use Permit No. 82-18, subject to the original conditions in Exhibit "A" of the
staff report dated August 29, 1991. 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: AMENDMENT TO CONDITIONAL USE PERMIT N0.
$$-31, EXPANSION OF AN EXISTING VIDEO ARCADE INTO AN ADJACENT LEASE SPAC E
9111 VALLEY VIEW STREET SUITES 109 AND 110: The Mayor opened the public
hearing. The City Manager requested that Holly Hamlin present the staff
report dated March 13, 1992, which represented a request to expand an existing
video arcade into an adjacent lease space located at 9111 Valley View Street,
Suites 109 and 110. According to the requirements of the California
Environmental Quality Act, this project is considered to be Exempt, Class 3.
The Police Department was contacted and they have no concerns regarding the
application. Notices of the public hearing were published, posted and mailed
to all property owners within a 300 foot radius. Staff has received no
comments on this matter.
7
. ~ ~ ,
City Council Minutes March 23, 1992
Mr. Elias Deukmaji, 1038 Marengo Drive, Glendale, stated he would respond to
any questions from Council.
Mayor Partin asked if anyone wished to speak in support of or in opposition to
the application. No one did so.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
close the public hearing and approve Amendment to Conditional Use Permit No.
88-31 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: CONDITIONAL USE PERMIT N0. 92-3, ARCO
GASOLINE STATION/MINI-MARKET WITH OFFSITE SALE OF BEER AND WINE, 9511 VALLEY
VIEW STREET: The public hearing was opened by Mayor Partin. The Associate
Planner summarized the staff report dated March 9, 1992 which represented a
request to demolish an existing gasoline station/mini-market and construct a
new gasoline station/mini-market facility with offsite sale of beer and wine.
Associated with this proposal is a request for the City Council to make a
finding pursuant to Section 14.1.D of the City Code permitting the parking
requirements for the two uses to overlap. The subject property is located at
the southwest corner of Valley View Street and Orange Avenue. In accordance
with the requirements of the California Environmental Quality Act, a Negative
Declaration has been filed for this project. The proposed plans include a new
pole sign to replace the existing one. Staff recommended a monument-type sign
which will be more consistent with other like uses and with surrounding
commercial developments. After review and analysis of the proposed plan,
staff feels the overlapping of parking requirements for the gasoline sales and
mini-market uses is a reasonable request. Notices of the public hearing were
sent to property owners within a 300-foot radius. To date, staff has not
received any communication regarding this project.
Mr. Craig Yamasaki, Senior Real Estate Representative for ARCO, responded to
questions from Council advising them that ARCO is in the process of leasing
the property from Thrifty Oil Company and the alley is not part of ARCO's
leased premises. He approved of all the conditions imposed by staff but asked
for Council's consideration with regard to allowing a pole sign instead of a
monument sign.
After some discussion, it was Council's decision that the monument sign would
remain and Mr. Yamasaki requested consideration be given to two smaller signs
to be placed on the canopy with the ARCO spark.
Councilmember Kerry advised that any signage on the canopy needn't come before
Council and can be considered in Design Review. The City Manager clarified
that the monument sign could be approved this evening and the request for any
additional signage would be considered in Design Review.
No one else wished to speak in support of or in opposition to the application.
Councilmember Bowman remarked that he would request leaving Condition No. 39
as written which did not permit pole signs.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
close the public hearing, certify the Negative Declaration in accordance with
the California Environmental Quality Act; make a finding pursuant to Section
14.1.D of the City Code that the parking requirements for the gasoline sales
and mini-market uses may overlap and do not conflict with each other; and
approve Conditional Use Permit No. 92-3, subject to the conditions in Exhibit
"A." 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
Cnr~TTN ATION OF CONSIDERATION OF INSTALLATION OF PEDESTRIAN BRIDGE OVER THE
~TANTON CHANNEL AT HOLDER STREET: The Public Works Director presented the
staff report dated March 11, 1992, which indicated that the Council had
received a communication from Yamaha Motor Corporation regarding the
8
J6/ L' y~
City Council Minutes March 23, 1992
installation of a pedestrian bridge over the Stanton Channel at Holder Street
and have contacted them to determine if they would be interested in assuming
any of the cost. Several of the major companies in the Business Park were
contacted to determine the estimated usage of such afoot bridge. Two
alternatives are being considered by staff: first is the installation of a
new bridge structure to span the channel and the second is the modification of
an existing bridge which is currently stored at the City yard. Staff is
awaiting a response from the Orange County Flood Control District. Upon
receipt of Flood Control District response and completion of the cost
estimate, staff will return to Council with an additional report.
It was moved by Councilmember Kerry 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
RECONSIDERATION OF ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES' CITY
COUNCIL-MANAGER LEADERSHIP TEAM WORKSHOP: The City Manager summarized the
staff report dated March 17, 1992, which reviewed the authorization granted
for the attendance of the City Manager and City Council at the Leadership Team
Workshop on June 3-5, 1992 at the September 9, 1991 meeting. Subsequent to
that action, Councilmembers Age and Kerry requested reconsideration of the
matter. The question has now arisen as to whether or not the Council wishes
to expend funds for this workshop at this time. If the City does not pay in
full or should the reservations be cancelled before the deadline of April 10,
1992, the full $900 non-refundable deposit is forfeited.
Mayor Partin mentioned that, at the time, the workshop seemed a good idea but
now some Councilmembers are expressing reservations.
Councilmember Nicholson advised that she had agreed that it would be an
excellent workshop but the budget is still stretched, the $900 will be
forfeited; however, that would be preferable to spending $4000.
Councilmember Age stated that the workshop is needed, it can help the Council
work together and it would serve its purpose better if it were attended next
year with any new Councilmembers. Councilmember Kerry concurred with other
Councilmembers.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
cancel the trip to Lake Tahoe for the League of California Cities' City
Council-City Manager Leadership Team Workshop and forfeit the $900 deposit.
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 AMBULANCE SERVICE CONTRA T WITH MEDIX AMBU ANCE
SERVICE, INC.: The City Manager reviewed the staff report dated March 18,
1992, which indicated a communication from Medix Ambulance Service, Inc. was
received requesting a four-year extension to the current contract for
ambulance service. Attached to the staff report is a report prepared by the
Orange County Fire Department, who administers the County Ordinance dealing
with ambulance service. Chief Wicker, Cypress Police Department, advised that
Medix Ambulance Service has provided excellent service and would recommend
contract renewal.
Mr. Michael J. Dimas, President of Medix, 310 W. First Street, Tustin,
explained that, sometime ago, Medix acquired Golden West Ambulance Service,
which was then the primary response emergency ambulance service for Cypress.
Medix is now in the fourth year of the contract.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
extend the current contract for ambulance service for an additional four-year
period with Medix Ambulance Service, Inc., 310 West First Street, Tustin, CA
92680. The motion unanimously carried by the following roll call vote:
9
~~~~,p
City Council Minutes March 23, 1992
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
rONSrDERATiON OF DISCUSSION REGARDING THE PROPOSED LIGHT RAIL SYST M AND ITS
AFFECT ON THE CITY OF CYPRESS: The City Manager introduced the staff report
dated March 18, 1992, which mentioned the presentation by the Central Orange
County Fixed Guideway Agency at the March 9, 1992 meeting which resulted in
this matter being placed on this agenda for discussion regarding the impact of
the proposed light rail system on the City of Cypress. The Public Works
Director displayed an overhead projection indicating the alternate routes for
the proposed light rail system. The City Manager stated that this was a study
area only but there are two definite routes being considered, one being
through Cypress. If this City or other cities along the Cypress route are not
interested, he believed it would sway the study toward the other route. The
preliminary discussion this evening is to determine the position the Council
wishes to take on a light rail route through Cypress.
Councilmember Nicholson commented that she is not for or against the rail
system but had many questions. She stated she could see some of the negative
aspects of the route through Cypress for herself and the residents that live
by the track, such as, noise, dust, proximity to the homes, crossing heavily
traveled streets such as Valley View and she expressed her concern about
possible property devaluation.
Councilmember Bowman stated that the tracks are already being used. The
consultant that has been hired to do the study is not taking into
consideration any impact the route will have on the community, he is trying to
find the best route. The Council's decision would be considered in the rail
subcommittee who will make the recommendation to the Orange County
Transportation Authority and they will make the decision. This is a proposed
long-term solution to traffic problems in Southern California.
The City Manager stated the transportation issue is critical and if there is a
convenient way to commute to the Los Angeles area for the residents, it might
actually improve property values.
Councilmember Bowman advised that there is going to be a rail system, the
question is whether or not the City of Cypress is in favor of that line
passing through the City and the Council should indicate their position.
Councilmember Kerry commented that the businesses that will benefit are in the
Business Park, no real changes would be provided on Lincoln nor an easing of
traffic but a lot of people coming into Cypress to go to the station on
Lincoln and Walker. She believed the train track was a temporary solution to
rapid transit, and that it doesn't belong on surface streets but should be on
freeways.
Mayor Partin recommended the City look at supporting this concept for the long
term and the need to look at rapid transit in Southern California. The real
issue is rapid transit has to be developed and does the City want to support
this light rail system into the 21st century.
Councilmember Nicholson stated she did not want to support the light rail
system in the City of Cypress.
RECESS: Mayor Partin recessed the meeting at 9:24 p.m. and reconvened at 9:30
p.m. with all Councilmembers present.
Councilmember Nicholson suggested that the light rail people be invited back
to conduct a public hearing and provide the citizens an opportunity to hear
the explanation and provide their comments. "sn
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
set a public hearing to discuss the proposed light rail system at a future
Council meeting. The City Manager requested the option of scheduling the
public hearing after determining the availability of the Orange County Rail
representatives and then advise Council of the exact date. 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
10
, 'f
~~.fs.
City Council Minutes March 23, 1992
CONSIDERATION OF PUBLIC SAFETY EMPLOYEES' ASSOCIATION MEMORANDUM OF
UNDERSTANDING AND SALARY RESOLUTION: The City Manager requested a
continuation on this item for the resolution of some minor issues.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
continue this item to the meeting of April 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 APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO 49743 -
50013: Councilmember Bowman asked for a copy of the closing statement on the
Erskine escrow. It was moved by Councilmember Age and seconded by
Councilmember Nicholson to approve the Warrants No. 49743 through 50013 in the
amount of $1,680,737.81. 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 APPOINTMENTS TO THE CYPRESS CULTURAL ARTS COMMISSION: Mayor
Partin opened the discussion and Councilmember Kerry commented that a very
productive interview session was held with the applicants for the one vacancy
on the Cultural Arts Commission. She suggested consideration be given to
expanding the Commission from seven to nine and allowance made for two
alternates.
Responding to the Mayor, the City Attorney replied that, in order to expand
the Commission, an Ordinance change would be required.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
direct the City Attorney to draft an Ordinance with nine Cultural Arts
Commissioners and two alternates to be brought back at the April 13, 1992
meeting. The City Attorney clarified that the appointments for those
commissioners would be agendized and take place at the same time. 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
The City Attorney noted the appointments would be made at the April 13 meeting
and become effective when the ordinance is effective.
Park and Recreation District Matters:
CONSIDERATION OF UPDAT TO CYPRESS CULTURA NEFn ASSESSM NT: The Recreation
and Park District Director presented the staff report dated March 16, 1992,
which reviewed the joint meeting between the Cultural Arts Commission, members
of the Friends of the Cypress Cultural Arts and the Assessment Team. There
was a consensus that a cultural arts needs assessment was needed and the
Cultural Arts Assessment Team, in conjunction with the Cultural Arts
Commission, will work with staff and community volunteers to find alternative
funding sources for the assessment. The Council established an amount of
approximately $10,000 that may be available for the project.
Councilmember Kerry expressed a desire to supply direction to the Committee
with a focus on the funding. She stated that she felt a City of 42,000 by
itself could not justify a Cultural Arts Center but might when the needs of
the surrounding cities were considered. If there is a need, then the
questions, what is it, how much would it cost to build and maintain and where
does the funding come from need to be answered.
Councilmember Age commented on the quality of the Cultural Arts Commission
candidates being a definite asset to the project.
11
}
City Council Minutes March 23, 1992
Councilmember Bowman stated that if the needs of the community are going to be
assessed, then the people need to be polled and asked what they feel their
needs are.
After further discussion, Recreation and Park Director Marvin DeCarlo
responded that he had received direction on a systematic approach to the arts
need assessment and the direction of the Council to obtain assistance in
funding.
Councilmember Bowman mentioned that one of the applicants has an arts '
consulting background and Council suggested that Mr. DeCarlo might contact
him. r_ V,
Ms. Marie Hall, 5662 Cynthia Lane, Cypress, stated that the City needs a
multi-purpose center that the many organizations and groups in the City could
use other than just for the cultural nneds.
After additional discussion, Councilmember Nicholson commented that
individuals and groups need to be surveyed. Councilmember Age mentioned that
the Recreation and Park Director had his direction and, hearing no objection,
Mayor Partin ordered the staff report be received and filed.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Kerry displayed the posters entitled "The Arts and You in '92"
that will be used to publicize Cypress Celebrates the Arts to be held April 24
to May 1, 1992.
Mr. Tony Nieto, 5191 Canterbury Drive, Cypress, showed the new T-shirts that
will be given to the participants in the 5K-lOK run held during the Cypress
Community Festival.
The City Attorney asked for clarification on the length of terms for the
Cultural Arts Commissioners. Councilmember Kerry suggested that the City
Attorney discuss the terms of the Commissioners with the Recreation and Parks
Director for further clarification. Responding to the City Attorney, it was
the consensus of the Council not to place a term limit for alternates. a-~~~
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Partin adjourned the meeting at 10:20 p.m. to 5:00 p.m.,
Monday, April 13, 1992, in the Administrative Conference Room.
ic,.!^~~ ~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
r;
CITY ER OF HE CITY F CYPRESS
12