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Minutes 92-06-22 ~ ?r b,~ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 22, 1992 The Regular Meeting of the Cypress City Council was called to order at 5:06 p.m., Monday June 22, 1992, in the Administrative Conference Room, City Hall, West Wing, 5275 Orange Avenue, Cypress, Mayor Richard Partin presiding. PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin ABSENT: None INTERVIEW SESSION: The City Council interviewed three applicants for the position of alternate to the Senior Citizens Commission. RECESS: Mayor Partin recessed the meeting at 5:25 p.m. to enable the Council to reconvene in the Council Chamber. The meeting reconvened at 5:37 p.m. with all Councilmembers present. City Manager/City Clerk Darrell Essex, Acting City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Eynon, Raymond, Storey and Wicker were also present. Regarding the appointment of an Alternate to the Senior Citizens Commission, it was moved by Councilmember Kerry and seconded by Councilmember Nicholson to nominate Grace Crow as the Alternate. 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 ORAL COMMUNICATION: For matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR PROFE~STnNai ENVIRONMENTai PLANNING SERVICES FOR THE PROPO~Fn AMENDMENT TO THE MCDONN ii C NTER CpFrTFrr PLAN INITIAL STUDY: The Planning Director presented the TEAM staff report dated June 18, 1992, which indicated the City Council responded to a request filed by McDonnell Douglas Realty Company and initiated the planning process for a proposed amendment to the McDonnell Center Specific Plan. In reviewing the proposed project application, staff found the original Environmental Impact Report for McDonnell Center was prepared nearly ten years ago. Due to changes in land use conditions, regional plans and state laws over the last ten years, additional environmental documentation will be necessary to satisfy the requirements of the California Environmental Quality Act. Thirteen firms responded to a Request for Proposal (RFP) and staff narrowed the list to five candidates who were interviewed by the Administrative Coordinating Team. Based on the results of a complete evaluation, staff recommended the City retain the services of PBR, a consulting firm based in Irvine. Mr. Merle Pautsch, representing MDC Realty Company, 1881 Von Karman, Irvine, explained that the development that has taken place has utilized some very large industrial warehouse complexes that use a lot of square footage, but do not generate the traffic that office or other types of uses would have generated. It was moved by Councilmember Age and seconded by Councilmember Kerry to retain the services of PRB to conduct an initial study for the proposed amendment to the McDonnell Center Specific Plan; and authorize the City Clerk to enter into a contract with PBR for an amount not to exceed $48,163 to be paid by MDC Realty Company. Councilmember Bowman stated he would abstain from the vote. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Bowman . ' CITY COUNCIL AGENDA June 22, 1992 Councilmember Bowman stated that he abstained because he had prepared an offer on one of the parcels at this site. 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 Item No. 12, Consideration of CATV Commission Recommendations for Additional Programming on Channel 52, be removed for discussion. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the Consent Calendar Items No. 2 through 14 with the exception of Item No. 12. 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 the Adjourned Regular Meeting of June 1, 1992 and the Regular Meeting of June 8, 1992. Recommendation: That the City Council approve the Minutes of June 1, 1992 and June 8, 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 Claim Filed by Virginia C. Williams and Trina Williams, Heirs of Larry Williams. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 5: Consideration of Monthly Investment Program for the Month of May 1992. Recommendation: Receive and file. Item No. 6: Consideration of Authorization to Attend the National Federation of Local Cable Programmers (NFLCP) Annual Conference. Recommendation: That the City Council authorize the attendance of Howard Crisp, Management Assistant - Media Services, and CATV Commissioner Janet Spurgeon to the annual conference of the National Federation of Local Cable Programmers (NFLCP) to be held on July 15 - 19, 1992, in St. Paul, Minnesota, and be reimbursed for all actual and necessary expenses incurred. Item No. 7: Consideration of Employment List - Office Assistant I/II (Full Time/Part Time). Recommendation: Receive and file. Item No. 8: Consideration of Design Review Committee No. 92-19 (Three (3) Unit Apartment Building, 4782 Grace Avenue, Cypress). Recommendation: Receive and file. .Item No. 9: Consideration of Additional Appropriation for FY 1991-92 - Refuse Debt Service Fund. Recommendation: That the City Council authorize the appropriation of $79,878 in Account 4279-60-362-15 (Principal Payment) and $52,784 in Account 4275-60- 362-15 (Interest Payment), and authorize the appropriation of $221,100 in estimated revenues (1201-60). Item No. 10: Consideration of a Resolution Establishing the City's Appropriation Limit. 2 f CITY COUNCIL AGENDA June 22, 1992 Recommendation: That the City Council adopt the Resolution by title only, title as follows, establishing the City's appropriation limit. RESOLUTION NO. 4079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 1992-93 FISCAL YEAR. Item No. 11: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Thu Mong Tran and Hieu Vinh for the Former 4-H Natural Food Site, 6155-57 Ball Road, Cypress. Recommendation: Receive and file. Item No. 13: Consideration of an Ordinance Implementing the Parking Permit System. Recommendation: That the City Council continue consideration of this matter to the meeting of July 13, 1992. Recreation & Park District Matters: Item No. 14: Consideration of a Resolution Establishing the Cypress Recreation and Park District's Appropriation Limit. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, establishing the District's appropriation limit. RESOLUTION NO. 177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1992-93 FISCAL YEAR. END OF CONSENT CALENDAR Regarding Consideration of CATV Commission Recommendations for Additional Programming on Channel 52, Councilmember Kerry expressed concern about any possible controversy that might arise from the cablecasting of "Ethics in America" and "Planet Earth." The Assistant City Manager advised that the CATV Commission did review the programming, they are familiar with those specific programs, "Ethics in America" has been shown on the local PBS channels and is a discussion program. "Planet Earth" dealt with a scientific view of our surroundings. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to approve the CATV Commission's recommended additions and changes to the schedule for Channel 52. 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 Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP No. 92-7. ~r RESOLUTION NO. 4080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 92-7 - WITH CONDITIONS (PHYSICAL FITNESS MANUFACTURING FACILITY, 6600 KATELLA 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 3 b9 CITY COUNCIL AGENDA June 22, 1992 CLOSED SESSION: Mayor Partin recessed the meeting at 5:55 p.m. to allow the Council to enter into Closed Session for discussion of personnel and litigation matters. The meeting reconvened at 7:32 p.m. with all Councilmembers present. Also present were staff members Essex, Cavanaugh, Bacock, Barrett, DeCarlo, Eynon, Raymond, Storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry. PRESENTATIONS: Mayor Partin presented a Community Service Plaque to Victoria Kogan, Miss City of Cypress 1991. Ms. Lisa Bigham, Miss Teen Cypress 1991, was unable to be present. A Community Service Plaque was presented to former Civic Center Corporation Member Ellen Friedmann by Mayor Partin. The next presentation was the showing of a video production by the League of California Cities on the state budget crisis, entitled "The California Dream-- In Trouble." At the production's conclusion, the City Manager announced that the names, phone numbers and addresses of the state representatives will continue to be shown on Channel 52 for those citizens who wish to voice their concern. The State proposes to take funds equivalent to 30 employees in the City of Cypress' budget. If this occurs, there will be severe cuts in fire, police, public works, parks and recreation and other local services. The citizens deserve to know that it's being cut by the state legislators of both parties and the governor and he suggested writing to all parties, urging them to vote against taking funds from city governments. Mayor Partin stated that this was an extremely serious matter to the cities and it would be a major blow to the City of Cypress. The City does have a balanced budget at the moment, it will be passed tonight and, next month, it's possible it won't be balanced. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Ms. Alice Rogers, 4219 Dover Circle, Cypress, announced that she has sent a letter to the Attorney General of the State of California and advised the Council of its contents which had to do with the Cypress Boys and Girls Club. She mentioned that it would be shown through investigation and records that there has been a direct intervention by the Cypress City Council in the internal affairs of this corporation which led to its closure. She also read a prepared statement of her involvement with the Cypress Boys and Girls Club. Mayor Partin stated that the City Council has had no bearing on what has happened at the Boys and Girls Club and the City is not condemning the Club. Mr. Bob Sundwall, Vista Sierra, Cypress, stated that he was happy to learn that monies had been approved for video cameras on police cars. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. The City Manager reported that, after interviews were conducted, Grace Crow was appointed Alternate to the Senior Citizen Commission and he then summarized the actions taken by the Council during the 5:30 p.m. portion of the Agenda. The Acting City Attorney reviewed discussions held by the Council during the Closed Session on a decision whether or not to initiate litigation and a personnel matter involving the State budget. Mayor Partin announced that if anyone wished to speak on an item, fill out the form giving name, address and the agenda item. CONSIDERATION OF PUBLIC HEARING RE• APPLICATION FOR SPECIAL PERMIT SECONDHAND DEALER'S LICENSE, OWEN & SON WATCH, CLOCK & JEWELRY, 11741 VALLEY VIEW STREET, SUITE E, CYPRESS: Mayor Partin opened the public hearing. The City Manager described the application, as indicated in the staff report dated June 16, 1992, for a Special Permit to allow the conduct of a limited secondhand business at Owen & Son Watch, Clock & Jewelry, 11741 Valley View Street, Suite E, Cypress. The Affidavits of Publication, Mailing and Posting 4 ~ ? ,Jr~... r~ CITY COUNCIL AGENDA June 22, 1992 of the Public Hearing Notices on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this Special Permit application. In accordance with Section 15-62 of the Cypress City Code, the City Council having received the report from the Chief of Police and conducting a Public hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. Following the testimony taken at the Public Hearing, the City Council may deny the permit; conditionally approve the permit; or unconditionally approve the permit. Mr. Gary Owen, the applicant, 610 Moonbeam, Placentia, stated that has a jewelry, watch and clock repair shop and will also sell jewelry, watches and clocks. He would like to be able to have customers trade-in watches and/or clocks for repair .and resale. Mayor Partin asked if anyone wished to speak in support of or opposition to the application. No one spoke. It was moved by Councilmember Age and seconded by Councilmember Bowman to close the public hearing and approve the application for a special permit for secondhand dealer operation. 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• ADOPTION OF VARIOUS BUILDING CODES AND CERTAIN AMENDMENTS THERETO: Mayor Partin declared the public hearing opened. The Acting Public Works Director presented the staff report dated June 11, 1992, which indicated that the City Council scheduled a public hearing to consider the adoption of various building codes and certain amendments to be held on June 22, 1992. As of this date, no communications, either in favor or in opposition, have been received. As requested by the City Council at the meeting of May 26, 1992, the Uniform Building Code Ordinance, page 3, paragraph 4, Section 1210(a)7, has been revised to read as follows: "The owner or individual in possession of the property shall be responsible for annually testing all required smoke detectors." Councilmember Kerry felt that the obligation should be on the owner of the property for verifying that the smoke alarm is in working condition for a new tenant. Councilmember Bowman clarified that the owner is required to provide a smoke detector in good working order for the tenant. Responding to Councilmember Bowman, the Acting City Attorney indicated that the fee schedules mentioned are not required to be addressed in the same process as the ordinances. If the City adopts the State codes as they are now, there is a process to fallow but the resolution on the fees is a separate matter. Mayor Partin asked if anyone wished to speak in favor of or opposition to the adoption of the various codes. No one wished to speak. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and approve the first reading of the Ordinances and adopt the Resolutions by title only, titles as follow, adopting by reference various building codes and certain amendments thereto. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1991 EDITION OF THE UNIFORM BUILDING CODE, THE 1991 EDITION OF THE UNIFORM MECHANICAL CODE, THE 1991 EDITION OF THE UNIFORM HOUSING CODE, THE 1991 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1991 EDITION OF THE ADMINISTRATIVE CODE AND THE 1991 EDITION OF THE UNIFORM BUILDING CODE STANDARDS. 5 y CITY COUNCIL AGENDA June 22, 1992 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING ORDINANCE N0. 844 AND AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, WITH CERTAIN AMENDMENTS. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1991 EDITION OF THE UNIFORM PLUMBING CODE, THE 1988 EDITION OF THE UNIFORM SWIMMING POOL S~E> THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTA CATION STANDARDS. RESOLUTION N0. 4081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPERSEDING RESOLUTION N0. 3670 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CERTAIN OF THE FOLLOWING CODES ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF CYPRESS: THE 1991 EDITION OF THE UNIFORM PLUMBING CODE, THE 1988 EDITION OF THE UNIFORM SWIMMING POOL CODE AND THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE. RESOLUTION N0. 4082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A FEE SCHEDULE FOR SIGN PERMITS. RESOLUTION N0. 4083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPERSEDING RESOLUTION N0. 3669 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1991 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM MECHANIC.A.I_ CODE, UNIFORM ADMINISTRATIVE CODE, AND UNIFORM HOUSING COD ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF CYPRESS. RESOLUTION N0. 4084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO THE ESTABLISHMENT OF A FEE SCHEDULE TO BE USED WITH THE LATEST EDITIONS OF THE UNIFORM BUILDING CODE, NATIONAL ELEr_TRICAi CODE, UNIFORM PLUMBING CODE AND ONIFORM MECHANICAL CODE. RESOLUTION N0. 4085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPERSEDING RESOLUTION N0. 3708 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN 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 CONSIDERATION OF PUB IC HEARING RE• CONDITIONAL US PERMIT NO 92 8 AND VARIANCE NO 92-2 FOUR UNIT APARTMENT BUI DING, LA SALLE STREET, SOUTH OF GRACE AVENUE: Mayor Partin opened the hearing. The staff report dated June 17, 1992 advised that staff requested this item be continued. It was moved by Councilmember Age and seconded by Councilmember Bowman to continue this item to the meeting of July 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 6 ~ CITY COUNCIL AGENDA June 22, 1992 CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 92-9, BETHANY MANOR DEVELOPMENT AND LEARNING CENTER, 5950 LAKESHORE DRIVE, CYPRESS: The public hearing was opened by Mayor Partin. The Planning Director presented the staff report dated June 8, 1992, which represented a request to establish a medical therapy clinic and also offer day care services for disabled infants and children. In accordance with the requirements of the California Environmental Quality Act, a Class 1 Categorical exemption will be filed for this project. Staff has worked closely with Charla Koska of Bethany Manor in an effort to process this conditional use permit application in a timely t manner. They are under a time constraint to vacate their present location. Due to the specialized nature of the proposed day care relating so closely to the therapy service, staff is presenting the issue of day care as an incidental use to Council for interpretation of Section 12.8-2.D of the Code. If approved, the interpretation to permit day care as an incidental use will apply to future applications in the same zone. Staff recommended a one year approval be granted for the use of the day care service. Bethany Manor shall notify the Planning Department prior to the expiration date requesting an extension of Conditional Use Permit No. 92-9. Councilmember Kerry mentioned that the word "substantiated" was not included in Condition No. 7. The Planning Director changed the condition to read, "Should the city receive substanutiated complaints of noise...." Ms. Charla Koska, 5813 La Jolla Way, Cypress, stated she was the Director of the Center and requested Council consideration of the application. Their present day care is primarily for children with different types of disabilities and very specialized. Day care is an extension of their other program and outside children are needed to help with the funding. Mayor Partin asked if anyone wished to speak in favor of the application. Mr. Manfred Stein, 4991 Myra Avenue, Cypress, stated that his daughter attends Bethany Manor in the afternoons. She has Downs Syndrome and it is difficult to find a day care center that will take a 14 year old girl. Bethany Manor is the only facility in Cypress that will care for her. No one else spoke in support of or opposition to the application. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, find the day care to be similar in use not requiring additional parking and approve Conditional Use Permit No. 92-9, subject to the inclusion of day care, adopting the conditions listed in Exhibit "A," including the condition for a one year 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 CONTINUATION OF THE URGENCY ORDINANCE ENACTING A MORATORIUM ON THE CONSTRUCTION OF CHURCHES LOCATED IN COMMERCIAL ZONES: OP-10,000, CN- 10,000, CG-10,000, CH-10,000, AND LC-LINCOLN AVENUE COMBINING ZONE: Mayor Partin opened the hearing. The Planning Director summarized the staff report dated June 9, 1992, which stated that an Urgency Ordinance was approved at the May 11, 1992 Council meeting, which placed a 45-day moratorium on the construction of any church within the following commercial zones: OP-10,000, CN-10,000, CG-10,000, CH-10,000 and LC-Lincoln Avenue Combining Zone. The moratorium will expire on June 25, 1992; therefore, it is necessary for the Council to determine whether or not to continue the moratorium for an additional time period of 10 months and 15 days as provided in the California Government Code Section 65858(a). Notice of the public hearing was prepared and posted in accordance with Section 65090 of the California Government Code. She advised that three letters were received and Council has been made aware of those communications. Mayor Partin requested that those persons wishing to speak in support of or opposition to the moratorium come forward. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, complained about the Chamber sound system. He commented that tax revenue is not the logical reason for restricting freedom of religion and he found it difficult to understand. 7 l~ 7 CITY COUNCIL AGENDA June 22, 1992 The City Manager clarified that the issue being addressed is the compatibility of churches in commercial zones and attempting to evaluate this use as to parking requirements and consistency with the General Plan. Incidental to this is a financial issue, but not the key issue. After some discussion, the Acting City Attorney advised that the purpose of the ordinance is not to make a determination whether churches are going to be in certain zones, but to conduct a study and the reasons therefor are set forth in the ordinance. When the study is completed, the City Council will give direction as to where the churches will ultimately be placed. Mr. Steve Kim, 6381 Ball Road, Cypress, representing the Korean Church of Southern California, expressed concern that they applied for a conditional use permit in April and the moratorium was placed in effect in May of 1992. They have cleaned up the site and they would like a church use on the property. Responding to Mayor Partin, Mr. Kim answered that the church has purchased the entire site. Mr. Christopher Pak, 3350 Wilshire Blvd., Los Angeles, architect for the project, stated he couldn't imagine a church being a public safety, health and welfare matter. He works with the church, understands the tax problems and he believed they may have some solutions. He suggested the church be built at the back of the property, the commercial center to the front of the property and it would be a viable project and improve the neighborhood. He asked if there is some way this project could be declared exempt from the moratorium. Mr. Pak advised that the church submitted its application prior to the date of adoption of the moratorium. Mr. Kim stated that escrow had been closed on the property. Responding to Councilmember Bowman, the Acting City Attorney replied that the issue of health, safety and welfare is required in order for the urgency ordinance to be adopted by the Council tonight. The urgency is that the ordinance continue without a break through June 25 and the grounds for the moratorium are already set forth in the ordinance. The main issue is the concern the City has which will not be resolved until the completion of the study and the solution is to freeze all activity. He also stated that he is not clear where the church's argument is and he will have the opportunity to review their situation more fully as a separate issue. Mr. Pak requested the Council to stipulate in the ordinance that certain projects or applications filed prior to the moratorium should be exempt. After further discussion, Pastor Hang K. Shim, 6381 Ball Road, Cypress, stated that the property has no commercial uses at the present time and part of the site would be used for retail businesses, which would benefit the City and asked that the moratorium be stopped. Mr. Sae Chung, 10435-D W. Briar Oaks Drive, Stanton, realtor for the property, stated he had recommended the property and the City to the church elders. He spoke of how much money the church has already put into the property. No one else wished to speak in opposition to the moratorium. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and adopt the Urgency Ordinance by title only, title as follows, extending the Church Moratorium for a period of 10 months and 15 days. ORDINANCE N0. 886 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING A MORATORIUM ON THE CONSTRUCTION AND USE OF CHURCHES IN COMMERCIAL ZONES. 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 8 - f A A CITY COUNCIL AGENDA June 22, 1992 RECESS: Mayor Partin recessed the meeting at 9:26 p.m. and reconvened at 9:38 p.m. with all Councilmembers present. rnNSrnFRaTTON OF PUBLIC HEARING RE• GENERAL PLAN AMENDMENT NO 92-1, GROWTH MANAGEMENT ELEMENT: The Mayor opened the hearing. The Planning Director presented the staff report dated June 11, 1992, which proposed to amend the Cypress General Plan by adding the Growth Management Element. The purpose and intent of the Element is to promote orderly development based on the City's ability to provide an adequate circulation system pursuant to the requirements of Measure M, known as the County-wide Traffic Improvement and Growth Management Ordinance. According to the requirements of the California Environmental Quality Act, a Negative Declaration has been prepared for this project and was published and posted for public review from March 26, 1992 through April 25, 1992. No comments were received during the public review period. If the City Council approves the proposed Growth Management Element, the Negative Declaration will be filed for this project. Notices of this public hearing were published in the News Enterprise and posted in the Civic Center, Cypress Public Library and in the Cypress Community Center To date, staff has received no public comments. No one wished to speak in support of or opposition to the amendment. It was moved by Councilmember Age and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act, adopt the Resolution by title only, title as follows, approving the Growth Management Element, General Plan Amendment No. 92-1 and authorize staff to submit the Measure M Statement of Compliance to the Orange County Transit Authority by June 30, 1992. RESOLUTION N0. 4086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING GENERAL PLAN AMENDMENT N0. 92-1, GROWTH MANAGEMENT ELEMENT. 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 rONSIDERATION OF PUBLIC HEARING RE• ADOPTION OF THE 1992-93 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT: Mayor Partin opened the public hearing. The City Manager reported that there have been two major budget discussions between the City Council and City staff at the April 25 and June 1, 1992 workshops. The Actual Proposed Budget will be adopted by fund summary as shown on the attachment. The total proposed summarized budget expenditure is a decrease of $353,366 from last year's budget. Capital Projects funded in the 1992-93 budget include Tot Lot play equipment, rest rooms at Veteran's Park and renovation of various facilities. Mayor Partin asked if anyone wished to speak in support of or in opposition to the proposed budget. Ms. Wanda Oustad, 5062 Citation Avenue, Cypress, asked for clarification on the City Council acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, which was explained by the Acting City Attorney and the City Manager. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing and that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District adopt the 1992-93 District Budget as proposed and shown on the attachment. 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 Bowman explained that there have been several budget meetings. 9 111.. l CITY COUNCIL AGENDA June 22, 1992 Councilmember Kerry commented that the City is balancing the budget for the time being, but given what is happening at the State level, the numbers may change. CONTINUATION OF CONSIDERATION OF FUNDING FOR THE CYPRESS BOYS & GIRLS CLUB: The City Manager presented the staff reports dated May 20, June 3 and June 17, which indicated that the City Council, at an adjourned regular meeting on June 15, approved an agreement between the Cypress Recreation and Park District and the Cypress Boys & Girls Club to provide a 12 week summer program at the Boys and Girls Club facility. They also approved an allocation of $6,000 to help defray the Boys & Girls Club's share of costs for this program. Since the Council did continue the consideration of funding of the Boys & Girls Club to the June 22, 1992 meeting, staff is requesting clarification on whether or not any additional funding is to be provided. Mayor Partin commented that, under the circumstances, the Council would wait to determine whether the additional funding would be needed. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to receive and file the reports. 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 FEE WAIVER FOR VARIANCE PERMTTTTN~ FNr.RnarHMFNT OF PIGEON . COOP WITHIN FIVE FOOT (5') REAR YARD SETBACK (6876 MOLOKAI DRIVEL: The Planning Director presented the staff report dated June 11, 1992, which represented a request by Mr. and Mrs. David Nagle for the waiver of the $400.00 variance fee in order to permit the encroachment of their pigeon coop to within two feet of their rear property line. When the applicant submitted the application for his building permit, they were again notified the coop would have to be moved away from the rear property line in order to comply with City Code. The applicant informed staff that if he moved his coop, his pigeons would not have sufficient area in which to land and he was informed that if they wished to have the coop remain in its current location, an application for a variance would have to be submitted. The Planning Director clarified that the new City ordinance requires the loft to maintain a minimum of 20 feet from any habitable dwelling and he cannot meet the ordinance. Review of the ordinance revealed that it states the coop shall maintain a minimum of 20 feet from all adjacent habitable dwellings. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to approve the request for the waiver of fees and instruct the applicant to file for the variance by July 7, 1992. Councilmember Bowman stated he would not support the motion and has voted against this permit because he did not believe pigeons belong in residential areas and a hobby shouldn't be any different than a business. He urged a vote against the waiver. 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 CONSIDERATION OF THE ADOPTION OF THE 1992-93 BUDGET FOR THE CITY OF CYPR SS: The City Manager reminded the audience that the City Council has spent considerable time reviewing the City budget with each Department Head and with the City Manager. Two workshops have been held, in addition to preliminary discussions beginning in January, 1992. The actual proposed budget will be adopted at the Fund Summary Level as shown in the Resolution. Major capital projects for budget year 1992-93 include traffic signal, storm drain, public facility and parkway projects. The City budget is in balance and during the year, the City will continue to look into possible joint ventures with other surrounding cities in an effort to reduce costs. It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving the annual budget for the fiscal year July 1, 1992. 10 e CITY COUNCIL AGENDA June 22, 1992 RESOLUTION NO. 4087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1992 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF COMMUNICATION FROM THE CYPRESS HIGH SCHOOL ATHLETIC BOOSTER CLUB: The City Manager advised that the City Council did receive a communication regarding the bingo regulations from Mr. Louie Giampapa, President of the Cypress High School Athletic Booster Club. The Council has also received a communication from the City Attorney's office summarizing the State law in reference to bingo operations. The Acting City Attorney explained what the State law authorized with respect to collection of bingo proceeds and the letter from the City Attorney's office gives the various provisions. He further explained the provision which authorized cities to collect fees from bingo organizations and the two methods are: impose a $50.00 annual license fee; and impose the license fee and collect 1% of the gross receipts from the bingo operations. At this time, the City is following the practice of imposing only the $50.00 license fee. If the Council desires to collect the 1% as authorized under State, the code would need to be amended to reflect that language. Mayor Partin stated that also required by State law is that bingo operations be audited by the Police Department and that is money out of the City's pocket, running anywhere from $1,500 to $2,000 depending upon the size of the operation. It is the City's intent to recoup those audit funds. He would like consideration of establishing a Council policy that all monies collected in excess of the cost incurred for the audits be reimbursed to the affected groups semi-annually. Mr. Louie Giampapa, President of the Athletic Boosters, 4921 Marion Avenue, Cypress, stated they have been operating under the $50.00 annual license fee and he didn't see any reason to operate under the 1%. They would be willing to pay for the audit fees. As a non-profit organization, he didn't feel they should have to pay a tax to the City even if they are going to pay it back, but some future Council may not decide to pay it back. After some discussion, Councilmember Bowman suggested that this Council should make an interpretation of the Code and then enact an ordinance citing that interpretation. The City Manager commented that if the City is going to amend the ordinance, amend it to the specific section and add a section requiring each licensed bingo organization pay the full cost of any audit required by the Police Department. It was moved by Councilmember Bowman and seconded by Councilmember Age to direct the City Attorney to amend the existing Ordinance specifying that the bingo operations will be operated under Paragraph L1, i.e., a $50.00 annual licensing fee. Another section of the Ordinance would indicate that the organization subject to the audit would have the responsibility to reimburse the City for the cost of that audit. Mr. Gerald Elftman, President of the Band Boosters, 4161 Paseo de Oro, Cypress, concurred with the City Manager's suggestions on the license fee and reimbursement for the audit cost. 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 11 r ,1' 7 CITY COUNCIL AGENDA June 22, 1992 CONSIDERATION OF PROFESSIONAL SERVICES FOR ADMINISTRATION D PARTMFNT: The City Manager introduced the staff report dated June 12, 1992, which indicated that the Administration Department utilized the professional services of a part-time contract employee for assigned projects in the areas of solid waste management, contract and franchise administration, surveys and budget development. The Department continued to need assistance in the areas of waste management and contract administration and based on similar needs in the neighboring cities of La Palma, Los Alamitos and Seal Beach, staff is working to develop a Memorandum of Understanding for the purposes of shared resources, including solid waste management. The hourly rate would remain $35.00 per hour, for a maximum of 1,000 hours per year and the contract revenues from the other cities would reimburse Cypress for approximately 50% of the $35,000 contract amount. It was moved by Councilmember Kerry and seconded by Councilmember Age to authorize the City Manager to: negotiate a Memorandum of Understanding with La Palma, Los Alamitos and Seal Beach for shared professional waste management services; and enter into an agreement for part-time professional services as outlined in this 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 CONTRIBUTIONS TO COMMUNITY ORGANI ATIONS: The staff report dated June 17, 1992 indicated that the 1992/92 budget included $63,000 earmarked for community promotion contributions and the City Council was requested to determine the amounts to be appropriated as contributions to community agencies. Councilmember Age suggested that since the outcome of the State budget is unknown, that this item be continued until the next Council meeting. Councilmember Bowman concurred. The City Manager mentioned the Straight Talk contribution, which is a monthly allocation. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue this item to the meeting of July 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 AN ORDINANCE AMENDING SECTION 15-13 OF THE CODE OF THE CITY OF CYPRESS BY REPEALING SECTION 15-13(B)(4~, (PRORATION OF BUSINESS TAX PAYMENT). AND AMENDING SECTION 15-30, INCREASING THE BUSINESS TAX RATE H DU E: The Finance Director presented the staff report dated June 15, 1992, which described a proposed increase in the minimum business tax and various other City taxes. The increase in the business tax is to meet increasing costs for the general operation of the City. Mr. Joe Hardcastle, Cypress, spoke against any increase in license taxes and the City needed to encourage business in Cypress. Councilmember Age stated that Cypress was one of the very few cities that has not imposed a utilities tax on its citizens. Councilmember Nicholson reported that the City Manager had spoken at a Chamber of Commerce meeting and basically the businessmen did not have any objection to the increase, they understood it had not been raised for many years and outside of one comment, there was no opposition. Councilmember Kerry stated the City is bringing its license fees more in line with other cities. If the State does what they are considering, times will become much more difficult. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to approve the first reading of the Ordinance by title only, title as follows, approving the amendment of Sections 15-13 and 15-30 and the repeal of Section 15-13(b)(4). 12 J CITY COUNCIL AGENDA June 22, 1992 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 15-13 OF THE CODE OF THE CITY OF CYPRESS BY REPEALING SECTION 15- 13(b)(4), (PRORATION OF BUSINESS TAX PAYMENT), AND AMENDING SECTION 15- 30, INCREASING THE BUSINESS TAX RATE SCHEDULE. 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 ADOPTION OF RESOLUTIONS REQUIRED FOR THE CONDUCT OF THE 1~OVEMBER 3, 1992 GENERAL MUNICIPAL ELECTION: The City Manager summarized the staff report dated June 16, 1992, which presented two resolutions requesting the Orange County Board of Supervisors to consolidate said election with the Statewide General Election to be held on the same date and adopting regulations for City Council candidates. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolutions by title only, titles as follow: 1) calling and giving notice of the General Municipal Election to be held on November 3, 1992; and 2) requesting the Orange County Board of Supervisors to Consolidate Said Election with the Statewide General Election. RESOLUTION N0. 4088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1992, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER. RESOLUTION N0. 4089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 51253 - 51555: It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the Warrants No. 51253 through 51555 in the amount of $1,163,843.53. 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 10:40 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 10:45 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting at 10:45 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY LERK 0 THE CI OF CYPRESS 13