Loading...
Minutes 92-05-11 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 11, 1992 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, May 11, 1992, in the Administrative Conference Room, City Hall, West Wing, 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, Acting City Attorney John Cavanaugh, staff members Christine Eynon, Holly Hamlin, Gene Donovan and Gonzalo Vazquez and Cotton-Beland Consultants Karen Warner and Dale Beland. CLOSED SESSION: Mayor Partin immediately recessed the meeting at 4:35 p.m. to enable the Council to enter into a Closed Session to discuss a matter of litigation. The meeting reconvened at 4:55 p.m. with all Councilmembers present. WORKSHOP SESSION: Growth Management Element to the General Plan. Planning Director Eynon introduced Karen Warner of Cotton-Beland who briefly updated the Council on the status of the General Plan. An administrative draft of the Plan has been completed with the exception of the circulation element, which is still in progress. A public hearing draft General Plan Element is anticipated to be completed by mid-June. The circulation and senior housing element are on a different timetable. Associate Planner Hamlin commented that the State of California has seven required elements to the General Plan for every City in the State. The Growth Management Plan is required as part of the result of the voters adoption of Measure M and in order to receive their share of the revenues, the City has to adopt a Growth Management Plan. The Public Works Director commented on the other items that will accompany the Growth Management element, such as, pavement management and congestion management programs. The Administrative Analyst stated that all the details are being pulled together for the June 30 deadline. Mr. Beland cautioned that the circulation element and land use have to be included in the f,7rra1 version of the Growth Management Element and thoroughly consistent with both of those two policies. RECESS: Mayor Partin recessed the meeting at 5:20 p.m. to enable the Council to reconvene in the Council Chamber. The meeting commenced at 5:30 p.m. with all Councilmembers present, City Manager/City Clerk Darrell Essex, Acting City Attorney John Cavanaugh and staff members Bacock, Barrett, Donovan, Eynon, Wicker and Storey also present. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF EMERGENCY INSPECTION AND REPAIR OF CITY STORM DRAIN PUMPS: The Public Works Director summarized the staff report dated may 4, 1992, which described the excessive rust and corrosion found to exist in at least two of the main storm drain pump housings at Pump Station Number 1. There are three separate pump stations along Myra Avenue and each pump station has two pumps, for a total of six 30" storm drain pumps. These pumps protect the houses south of the Carbon Creek Storm Channel and had any of these pumps failed to operate during the February storms, extensive flooding would have occurred in that area. It is estimated that removal and repairs for each of these pumps may range from $4,000 to $16,000 each. Vaughan's Industrial Repair Co., Inc., is currently being used to overhaul the first two of these pumps on an emergency "force account" basis. Staff is satisfied with their work and recommended waiving the normal bidding process and authorizing a contract with them to proceed with the work on the remaining pumps. Councilmember Bowman did express concern on spending that amount of money on the pumps without getting bids. It was moved by Councilmember Bowman and seconded by Councilmember Age to: 1) confirm that the situation at Pump Station No. 1 be considered an emergency CITY COUNCIL MINUTES May 11, 1992 g and approve and authorize the removal, inspection and repair of the two pumps at Pump Station No. 1 on a "force account" basis by Vaughan's Industrial Repair Co., Inc., 16224 Garfield Avenue, Paramount, CA 90723; 2) waive the normal formal bidding process; 3) award a contract to Vaughan's Industrial Repair Co., Inc. on a "force account" basis to remove, inspect and repair the four remaining storm drain pumps from Stations 2 and 3 located on Myra Avenue, in an amount not to exceed $96,000 (This amount includes the first two pumps presently being worked on.); and 4) approve the appropriation of a not-to- exceed amount of $96,000 from the fund balance of the General Fund to Account No. 4186-11-218-08. 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 Bowman requested that Item No. 5, Consideration of Monthly Investment Program for the Month of March 1992, and Item No. 11, Consideration of Adoption of the Resolution for the Formation of a Hearing Body, be removed for further discussion. It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the Consent Calendar Items 2 through 17 with the exception of Items No. 5 and 11. 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. 2: Consideration of Approval of City Council Minutes of April 25, 1992 and April 27, 1992. Recommendation: That the City Council approve the Minutes of April 25, 1992 and April 27, 1992, as submitted. Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 4: Consideration of Proclaiming May 1992, as "Water Awareness Month". Recommendation: That the Mayor and City Council officially proclaim May 1992, as "Water Awareness Month" in the City of Cypress. Item No. 6: Consideration of Proclaiming May 17 - 23, 1992, as "Public Works Week". Recommendation: That the Mayor and City Council officially proclaim the week of May 17 - 23, 1992, as "Public Works Week" in the City of Cypress. Item No. 7: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Prestige Stations, Inc., D.B.A. AM/PM Market, 9511 Valley View, Cypress. Recommendation: Receive and file. Item No. 8: Consideration of the Single-Family Residential Mortgage Revenue Bonds Financial Report for the Fiscal Year Ended June 30, 1991. Recommendation: Receive and file. Item No. 9: Consideration of Proclaiming June 14, 1992, as "AIDS Walk Day" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim June 14, 1992; as "AIDS Walk Day" in the City of Cypress. 2 r~ N_ J o CITY COUNCIL MINUTES May 11, 1992 Item No. 10: Consideration of Proclamation Urging the Citizens of the Community to "Pause for the Pledge of Allegiance" on Flag Day, June 14, 1992. Recommendation:. That the Mayor and City Council officially issue a Proclamation urging the citizens of Cypress to "Pause for the Pledge of Allegiance" at 4:00 p.m. PDT, on Flag Day, June 14, 1992. Item No. 12: Consideration of Approval of City Engineer's Report for Cypress Corporate Center Landscape Maintenance District No. 1 and Declaration of Intention to Order the Modification of Said Maintenance District No. 1 for ~-'`r~ Fiscal Year 1992-93, City of Cypress Project 8615-90. Recommendation: That the City Council: 1) Adopt the Resolution by title only, title as follows, approving the City Engineer's Report, dated May 1, 1992, for Cypress Corporate Center Landscape Maintenance District No. 1; and 2) Adopt the Resolution by title only, title as follows, declaring Council's intention to order the modification of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 1992-93, subsequent to a Public Hearing on June 8, 1992, pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION N0. 4066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE CITY ENGINEER'S REPORT, DATED MAY 1, 1992, FOR CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT N0. 1 FOR FISCAL YEAR 1992-93. RESOLUTION N0. 4067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE MODIFICATION OF CYPRESS CORPORATE CENTER LAPDSCAPE MAINTENANCE DISTRICT N0. 1 FOR FISCAL YEAR 1992-93, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Item No. 13: Continuation of Consideration of Zoning Determination Request - Keeping of Falcons in Residential Zone. Recommendation: That the City Council continue this item to the City Council meeting of May 26, 1992. Item No. 14: Consideration of Extension of Conditional Use Permit No. 90-25, Cypress Pointe Senior Community, 5120 Lincoln Avenue. Recommendation: That the City Council approve an extension of Conditional Use Permit No. 90-25 for a period of 90 days, to expire on August 9, 1992. Item No. 15: Consideration of Continued Participation in the Teaching Scholarship Program. Recommendation: That the City Council continue to support the Cypress High School's Teaching Scholarship Program and authorize two (2) $200 scholarships to be awarded to graduating seniors pursuing teaching careers. Item No. 16: Consideration of CATV Commission Recommendation on Revision of the Satellite Dish Ordinance. Recommendation: That the City Council direct the Planning Department to study and report back on the impact of changing technologies with the City Satellite Dish Ordinance No. 826. Recreation & Park District Ma .ers: Item No. 17: Consideration of Authorization to Attend the National Assembly of Local Arts Agencies Conference. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, authorize the attendance of Malcolm Johnson, Recreation Services Manager, to the National Assembly of Local Arts Agencies Conference to be held on June 6 - 9, 1992, in Tucson, Arizona, and be reimbursed for all actual and necessary expenses incurred. END OF CONSENT CALENDAR 3 CITY COUNCIL MINUTES May 11, 1992 Regarding Item No. 5, March 1992 Monthly Investment Program, Councilmember Bowman asked how the funds in the Drug Asset Seizure account would be used and the Chief responded that all of the light bars on the patrol vehicles will be replaced, and, in addition the department will upgrade the armory with supplies and riot gear. The Finance Director stated that the funds would also be used for the employment of a Police Officer. In regard to Item No. 11, Consideration of Adoption of the Resolution for the Formation of a Hearing Body, Councilmember Bowman questioned when the personnel for the hearing body would be appointed and the term limit. The Acting City Attorney answered that there is no limit on the citizen terms and he explained the purpose of that body. It was moved by Councilmember Bowman and seconded by Councilmember Age to receive and file the March Investment Program and to adopt the Resolution by title only, title as follows, for the formation of the Hearing Body, pursuant to Ordinance No. 879 regarding Non-Conforming Uses, Structures, Screening, Performance Standards, and Signs. RESOLUTION N0. 4068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING A HEARING BODY FOR PURPOSES OF DETERMINING NON-CONFORMING USES, STRUCTURES, SCREENING, PERFORMANCE STANDARDS, AND SIGNS PURSUANT TO SECTION 16 ET• SEQ• 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 ORDINANCES {Second Readings & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 81-13. RESOLUTION N0. 4069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 81-13 - WITH CONDITIONS (PRESCHOOL/DAY CARE AT MORRIS ELEMENTARY SCHOOL, 9952 GRAHAM 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 It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 88-16. RESOLUTION N0. 4070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 88-16 - WITH CONDITIONS (PRESCHOOL/DAY CARE CENTER AT CAWTHON ELEMENTARY SCHOOL, 4545 MYRA 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 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 91-16. 4 - . 3? CITY COUNCIL MINUTES May 11, 1992 RESOLUTION NO. 4071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 91-16 - WITH CONDITIONS (ALLOW MAXIMUM OF 100 RACING/HOMING PIGEONS AT 6876 MOLOKAI DRIVE). The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Bowman ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 91-2. RESOLUTION N0. 4072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 91-2 - WITH CONDITIONS (RAISE HEIGHT OF 15 CONDOMINIUM UNITS, 5409, 5411, 5421, 5431, AND 5433 CAMP STREET). The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin recessed the meeting at 5:50 p.m. to allow the Council to enter into Closed Session for purposes of personnel and litigation. The meeting reconvened at 7:33 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. SESSrnN; PLEDGE OF A FrraNrF; The pledge was led by Councilmember Kerry. PRESENTATIONS: Mayor Partin presented Certificates of Special Recognition to Brent Avila, Jonathan Bower, Kristie Hodges, Michael Ruiz and Jennifer Sherrin who were named to the Orange Empire Conference Little Scholar Team of the Cypress Pop Warner Football Program. Mr. Phillip Eurs received a Certificate of Special Recognition, presented by Mayor Partin, for placing first in the Orange County Spelling Bee Competition at the Junior High School level. He will be competing in the National Spelling Bee Competition in Washington, D.C. Mayor Partin presented Service Plaques to former Civic Center Corporation Board Members Hilliard Warren, Christine Swain and Andrew Lachina. Former member Ellen Friedmann was unable to attend the meeting. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Responding to Council, Chief Wicker stated that there is a unit of emergency services in the state with mutual aid agreements and the feeling of commitment in the community carried over to Los Angeles County during the recent civil disturbance. Ms. Mary Jane Wozniak, 4480 Avenida Granada, Cypress, commended and thanked the Cypress Police Department and the firemen from Stations 12 and 17, National Guardsmen and servicemen from Cypress who participated in quelling the recent unrest in Los Angeles. Councilmember Kerry reported on the Loyalty Day celebration held at Veterans Park on May 2, 1992. The event was very positive with approximately 350 people attending with representation from many of the VFW posts throughout Orange County. Councilmember Kerry attended the Retired Senior Volunteer Program (R.S.V.P.) where the City of Cypress was presented with a plaque for their participation in the Greater Orange County Volunteer Program. 5 33 CITY COUNCIL MINUTES May 11, 1992 ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. The City Manager reported that the Council met at 4:30 p.m. with the consultants from Cotton-Beland Associates and the Planning staff to discuss the growth element of the overall General Plan document and he then summarized those actions taken by the Council during the regular 5:30 portion of the meeting. The Acting City Attorney reviewed discussions held with the Council during the 4:30 p.m. Closed Session on an exposure to litigation matter. During the 5:30 p.m. Closed Session, Council authorized settlement of Orange County Superior Action 598697, Garrett vs. City of Cypress; and exposure to litigation. CONSID RATION OF PUBLIC HEARING RE• COPLEY,/COLONY'S PROPOSED USE OF TWO CABLE ('HANNELS FOR "PAY-PER-VIEW" SERVICE: Mayor Partin opened the public hearing. The Assistant City Manager summarized the staff report dated May 5, 1992, which indicated that Copley/Colony Cablevision had requested a public hearing to receive input on its proposed use of two of the new seven channels allocated for subscriber use. The specific services to be provided are "Viewers Choice 1" and "Request 1." The Cable Commission has reviewed Copley/Colony's programming evaluation study, along with this specific request, and has determined that the provision of two "Pay Per View" movie services was of sufficient demand among those new services requested to warrant the Commission's support of this proposal. Mr. Larry Carragher, General Manager of Cypress Copley/Colony, 5595 Corporate Avenue, Cypress, explained the two services which provide recent movie releases. He volunteered to answer any questions about the services. Responding to Council, there is a code that has to be entered by the subscriber so there is some method of security and parental control to stop the overordering of Pay-Per-View movies. CATV Commissioner Chairman Bob Parish, 9383 Lexington Street, Cypress, stated that the CATV Commission unanimously endorsed the proposal of Copley/Colony to provide the Pay Per View channels. Mayor Partin asked if anyone in the audience wished to speak in support of or in opposition to the proposed use of Pay Per View Service. No one spoke. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and accept the CATV Commission's recommendation. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO. 92-5. ESTABLISHMENT OF A RETAIL DRY CLEANERS WITH ONSITE GARMENT CLEANING EQUIPMENT. 10953 MERIDIAN DRIVE UNIT 1-M: The public hearing was opened by Mayor Partin. The Planning Director presented the staff report dated April 2, 1992, which represented a request to establish an onsite retail dry cleaners to include the use of garment cleaning and finishing equipment located within the Meridian Plaza, 10953 Meridian. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. The applicant proposed to use one 30 pound dry cleaning machine. The installation and operation of the machine required a permit from the South Coast Air Quality Management District (SCAQMD) and an approved SCAQMD permit has been obtained by the applicant. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius of the site. To date, staff has received no comments on this application. A representative of the business owner, 10953 Meridian, Unit 1-M, Cypress, stated that they accepted the conditions of approval. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act and approve CUP No. 6 CITY COUNCIL MINUTES May 11, 1992 92-5, 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 CONSIDERATT~N OF PUBLIC HEARING RE• REVI OF D VELOPMENT AGRE MENT NO 88 2 BETWEEN THE CITY OF CYPRESS AND CYPRESS HOM S, INC.: The public hearing was declared open by Mayor Partin. The Planning Director summarized the staff report dated May 4, 1992, which indicated that state law requires that all development agreements be subject to periodic public review at a public hearing. This action is a review of Sorrento Planned Community Development Agreement No. 88-2 and no changes to the Development Agreement are proposed. The review of a development agreement is not considered to be a project according to the provisions of the California Environmental Quality Act. The Development Agreement assures the City that the developer will fulfill the intent to complete the development for the entire buildout of the project, in accordance with the Specific Plan and EIR. Notices of this public hearing were posted, published and mailed to the property owners within a 300-foot radius of the subject property. To date, staff has received two telephone responses as a result of the public notification. The respondents expressed concerns regarding noise from construction activities beginning at 6 a.m.; the status of the drainage along the east side of Denni Street and the dirt piles located across from Avenida Granada. Ms. Molly Wittenberg, representing Sorrento Homes, answered questions from Council. Responding to Councilmember Kerry, the Public Works Director advised that the sandbags and dirt will be left on site for approximately two years. Mayor Partin asked if anyone wished to speak in support of or in opposition to the review. Ms. Jane Wozniak, 4480 Avenida Granada, stated she had called about the dirt piles and suggested a free car wash every other week. No one else wished to speak in support of or opposition to the review. Councilmember Age stated that she would abstain from voting on this issue because, at the time, her employer, Security Pacific Bank, had a loan on the development and she has abstained continuously on this item. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to close the public hearing and receive and file the Review for Development Agreement No. 88-2 between the City of Cypress and Cypress Homes, Inc. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE• REVIEW OF DEVELOPMENT A~RFFMFNT NO 90-1 BETWEEN THE CITY OF CYPRESS AND THE CYPRESS DEVELOPMENT PARTNERSHIP: Mayor Partin opened the hearing. The City Manager announced that he did receive a call from Mr. Lloyd Arnold who indicated that, since this was a routine review, he would not be present for the hearing but was supportive of the ongoing review. The Planning Director reviewed the staff report dated May 4, 1992, which described the requirements of the State law, the action is only a review of Development Agreement No. 90-1 with no changes proposed to the Cypress Development Partnership Development Agreement. The review of a development agreement is not considered to be a project according to the provisions of the California Environmental Quality Act. The Development Agreement assures the City the developer will fulfill the intent to complete the development for the entire buildout of the project, in accordance with the Specific Plan and EIR. A minor amendment to Development Agreement No. 90-1 was executed on March 14, 1991. Notices of this public hearing were posted, published and mailed to the property owners within a 300-foot radius of the subject property. To date, staff has not received comments regarding this matter. 7 k CITY COUNCIL MINUTES May 11, 1992 Mayor Partin asked if anyone in the audience wished to speak in favor of or against the review. No one spoke. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to close the public hearing and receive and file the Review for Development Agreement No. 90-1, between the City of Cypress and the Cypress Development Partnership. 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 rnnicTnr~oTTnn~ OF PUBLIC HEARING RE• AMENDMENT TO ZONING ORDINANCE N0. 92-2. SF('TION 10 1 COMMERCIAL USES ~ ADDITION OF ITEM 32 1 AND 32.2 DRY CLEANERS L~lITH AND WITHOUT ONSITE CLEANING EOUIPM NT: The public hearing was opened by Mayor Partin. Planning Director Eynon summarized the staff report dated April 9, 1992, which explained that the Cypress Zoning Code did not have separate regulations for drop off and onsite dry cleaning agencies. Upon discussion, Council directed staff to amend the Cypress Zoning Ordinance to permit drop- off agencies and to require a conditional use permit for onsite dry cleaning agencies. The distinction between drop off and onsite agencies is relatively clear. Drop off agencies will not permit any equipment which requires Sout h Coast Air Quality Management District approval. Several areas were researched provide an understanding of onsite drycleaning operations. The Planning Director mentioned, for the record, that the last amendment to the Commercial Ordinance was approved correctly but there was a typographical error in the final copy and health spas and gymnasiums were listed as permitted when they are conditional uses and they have always been. No one wished to speak in support of or in opposition to the amendment. No one spoke. It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the first reading of the Ordinance by title only, title as follows, amending Secton 10.1 of the Cypress Zoning Ordinance. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 10.1 OF THE 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 CnNTrN ATION OF DISCUSSION OF PARKING ISSUES ASSOCIATED WITH EVENING BINGO OPERATIONS AT THE CYPRESS BOYS AND GIRLS CLUB: The Public Works Director presented the staff report dated April 30, 1992, which described the discussions of the Traffic Commission on the possible implementation of a preferential parking permit program on the residential streets in the vicinity of the Boys and Girls Club. The Commission reviewed the survey of the residents in the area to determine which residents would like to be included in such a program. The Public Works Director corrected the estimated cost for the implementation of such a program from $15,000 to $1,500. In past meetings with area residents, it was stated by some that the Wednesday night bingo operations were not a concern. However, they did seek assurance that if parking became a problem, they could come back to the Traffic Commission. The Traffic Commission unanimously agreed to recommend not to implement the preferential parking permit program at this time and to receive and file the report. Councilmember Bowman advised that a letter had been received from the Booster Clubs indicating that they have set a target date of July 1 for relocation to Lexington Junior High School. Mr. Gerald Elftman, 4161 Paseo de Oro, Cypress, reported that they have set a tentative target date of July 1, they will be receiving bids for equipment at the May 23 meeting and will be making decisions for ordering the equipment at that time. They have given a letter to the Traffic Commission requesting parking considerations at the Junior High School site and will be attending the next Traffic Commission meeting. 8 r _ 3 CITY COUNCIL MINUTES May 11, 1992 Councilmembers Nicholson and Kerry commended the Booster Clubs for all the effort they expended in finding another site. It was moved by Councilmember Age 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 Mayor Partin announced, for the benefit of the residents in the audience, that the bingos are moving. Mr. Donald Eldridge, 4831 Myra Street, Cypress, stated that when this started, the residents agreed to allow Wednesday night bingo, but if they continue making noise then they will have to leave too. Mrs. Elinor Stein, 4991 Myra Avenue, mentioned that the only other thing left would be the Boys Club application for a conditional use permit and she is ready to testify on that. CONSIDERATION OF REPORT R ATIV TO POSSIBLE Srn~RrE OF FUNDING FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDE A.T HO D R STREET AND THE STANTON CHANNEL: The Public Works Director introduced Gonzalo Vazquez, Administrative Analyst, who presented the staff report dated April 27, 1992, which described the various funding measures which could be utilized to construct the bridge. Assembly Bill 2766 has Discretionary Funds made available by means of an additional motor vehicle registration fee; Proposition 116 Bicycle Grant Program for competitively selected bicycle commuter projects; and Cypress Business Park Traffic Mitigation funds generated by developer fees imposed on new development in the Business Park are all possible sources of funding for the bridge. Mayor Partin expressed his hesitancy in spending $100,000 on a foot bridge that might be better spent on other traffic mitigation. After some discussion on traffic bridges, pedestrian bridges and their cost and placement, Mr. Stanley Jones, 11365 Orrs Court, Cypress, stated that he lived just off of Holder Street, urged the Council to consider a regular bridge for vehicles because of the traffic on Valley View Street and Knott Avenue. Holder Street is a wide street with signalization and there is no reason there isn't a regular traffic bridge over the channel. He understood that there had been money set aside in an escrow account for a bridge. The City Manager confirmed that money was deposited in an account by the developer. Councilmember Bowman stated, with Council concurrence, he would be in favor of looking at the possibility of putting a bridge over the channel at Holder Street that would accommodate both vehicle and pedestrians. Councilmember Kerry expressed concern about the project, and the residents around the area would have to come forward or conduct another survey. She wanted some form of evaluation of the cost and desirability of a bridge. Councilmember Age agreed. Mayor Partin suggested that the survey include all residences east of Valley View Street rather than just the local tract. The City Manager suggested that the Council direct the Traffic Commission to conduct a survey, perhaps expanding the survey to include some options that suit the area, i.e., eliminate truck route designation and other restrictions, but not necessarily to serve as a major thoroughfare. It was moved by Councilmember Age and seconded by Councilmember Kerry to direct the Traffic Commission to prepare a survey on the opening of Holder Street for Council's .approval. 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 SEVEN-YEAR CONGESTION MANAGEMENT PROGRAM (CMP)/REVISED TRAFFIC IMPROVEMENT AND GROWTH MANAGEMENT PLAN ,(MEASURE M) CAPITAL IMPROVEMENT 9 CITY COUNCIL MINUTES May 11, 1992 PRO The Public Works Director reviewed the staff report dated April 28, 1992, which described a seven year construction plan that the City prepares and submits to the Orange County Transportation Authority. Congestion Management Program (CMP) legislation requires that the Capital Improvement Program (CIP) be updated on an annual basis to demonstrate the City's efforts in alleviating traffic congestion. This component is essential to the City's participation to insure receipt of CMP funding. With the reconciliation of Measure M requirements with the CMP, the proposed CIP will satisfy requirements for both measures. It was moved by Councilmember Bowman and seconded by Councilmember Age to: 1) approve the draft Seven Year Congestion Management Program/Revised Traffic Improvement and Growth Management Plan (Measure M) Capital Improvement Program; and 2) authorize staff to submit the draft Seven Year Congestion Management Program/Revised Traffic Improvement and Growth Management Plan (Measure M) Capital Improvement Program to the Orange County Transportation Authority. 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 ESTABLISHING THE CLASS SPECIFICATION AND COMPENSATION FOR RESIDENT ENGINEER/CONSTRUCTION MANAGER: The Personnel Director summarized the staff report dated May 5, 1992, which represented a request to establish a new regular full-time position entitled Resident Engineer/Construction Manager to oversee the construction of the Senior Center project. The position will be classified as management and the employee shall be considered a department head. The incumbent would be hired as a regular full-time employee of the City for approximately one year. The Acting City Attorney advised that this arrangement was considered an employment agreement. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to: 1) adopt the Resolution by title only, title as follows, establishing the class specification and compensation for Resident Engineer/Construction Manager; and 2) approve the attached job specification for said position. RESOLUTION N0. 4073 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 RESOLUTION N0. 3574, BY ADDING A CLASS SPECIFICATION FOR RESIDENT ENGINEER/CONSTRUCTION MANAGER TO THE POSITION CLASSIFICATION PLAN AND ESTABLISHING COMPENSATION FOR EMPLOYEES IN THE SERVICE 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 r.~NSTnFRATION OF~TEMPORARY USE PERMIT FOR A CLASSIC CAR SNOW - LOS ALAMITOS RACE TRACK FOR JULY 4, 1992: The City Manager reported that the General Manager of the Quarterhorse Association requested that this item be withdrawn because there was no authorization for this request to be placed on the Agenda. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to receive and file the staff report dated May 6, 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 r.ONSIDERATrON OF EMPLOYMENT OF PART-TIME OFFICE ASSISTANT FOR ASSIGNMENT TO iaw ENFORCEMENT COURT LIAISON SERVICES FOR THE CITIES OF CYPRESS, LOS ALAMITOS AND SEAL BEACH: The City Manager commented that this is the first of what 10 , CITY COUNCIL MINUTES May 11, 1992 might be several joint powers ventures shared with adjoining cities in order to reduce costs and provide more effective service levels. The Police Chief stated that the staff report dated April 30, 1992 sought Council's approval to recruit and retain a part-time office assistant position. In recent meetings, representatives of the Cities of Seal Beach, Los Alamitos and Cypress identified Law Enforcement Court Liaison Services as one area of service that would benefit from sharing of costs associated with that service. The proposal is to consolidate the Court Liaison services of those three cities and Seal Beach and Los Alamitos would contract by Memorandum of Agreement for those services from the City of Cypress. Analysis revealed that combined caseloads of the three jurisdictions could be handled by a single Court Liaison Clerk and a part-time Office Assistant. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to authorize the City Manager to enter into agreement with the Cities of Los Alamitos and Seal Beach to provide Law Enforcement Court Liaison Services on a contract basis and to approve the recruitment and employment of a part-time Office Assistant position for the Police Department specifically to staff the Court Liaison function in concert with the full-time Court Liaison Clerk, upon the approval of the subject agreement. 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 AN URGENCY ORDINANCE OF THE CITY COUNCI ENA TINE Q MORATORIUM ON CHURCHE$_LOCATED IN COMMERCIAL ZONES: OP-10,000, CN-10,x, CG- .10,000 AND CH-10,000: The Planning Director presented the staff report dated May 6, 1992, which indicated staff was directed by Council to prepare appropriate documents for the enactment of an urgency moratorium ordinance prohibiting the construction of any church within the OP-10,000, CN-10,000, CG-10,000 and CH-10,000 Commercial Zones. The adoption of such an urgency ordinance requires afour-fifths vote and the initial time period for the Ordinance is 45 days from the date of its adoption. There is also the Lincoln Center Combining Zone which is a commercial underlying base allowing all urban uses subject to a conditional use permit and she requested clarification from the Council if they also wanted that included as part of the Ordinance. Councilmember Bowman recommended that the Lincoln Center Combining Zone be included in the Ordinance. Councilmember Kerry concurred and supports the item. The Acting City Attorney clarified, for the record, that if Council is going to add the Lincoln Avenue Combining Zone, it would be added to Section 3 of the Ordinance as a new sub-paragraph (e). It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to order the following Ordinance read by title only, title as follows, enacting a zoning moratorium on the construction of any church within the OP- 10,000, CN-10,000, CG-10,000 and CH-10,000, with the addition of sub-paragraph (e) in Section 3. ORDINANCE N0. 884 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENACTING A MORATORIUM ON CHURCHES LOCATED IN COMMERCIAL ZONES: OP-10,000, CN- 10,000, CG-10,000 AND CH-10,000. 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 50601 - 50874: It was moved by Councilmember Age and seconded by Councilmember Bowman to approve the Warrants No. 50601 through 50874 in the amount of $1,359,660.56. The motion unanimously approved by the following roll call vote: 11 CITY COUNCIL MINUTES May 11, 1992 AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Kerry requested the City Attorney to research the City's control over vending machines on City-owned property, i.e., sidewalks and parking strips, and return to Council at the June 8, 1992 meeting. She specifically mentioned the newspaper vending machines at the main Cypress post office and the City's authority to regulate news racks on publicly-owned property. Mr. Robert Kernes, Grindlay Street, complained about the facilities for dumping the City trash trucks that are directly adjacent to his property. The City can get rid of the present trash dump and put one in that works. He said he had the deed in his back pocket, he'll give his piece of property to someone if they say they'll have the trash dump in their back yard. The Acting City Attorney advised that Mr. Kernes had presented his position and, at Council's direction, staff can look into the matter and report to Council at the next meeting. Councilmember Kerry requested that staff advise Council where they were taking the green waste now and what is the County's plan and how soon will it be implemented. The City Manager stated that staff will bring back whatever they can research for the May 26, 1992 meeting. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting at 9:45 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY C K OF HE CITY F CYPRESS 12