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Minutes 92-07-27 -J~,f ~J MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 27, 1992 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, July 27, 1992, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Richard Partin presiding. PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) ENGINE ANALYZER: The Public Works Director summarized the staff report dated July 16, 1992, which requested the replacement of one engine analyzer. This analyzer is to be used in conjunction with other City-owned diagnostic equipment to diagnose trouble and tune-up problems on City vehicles. Staff has determined that the new analyzer must interface directly with the existing Allen Bar 90 emission analyzer because the two units are designed to function as a single piece of equipment. It was moved by Councilmember Age and seconded by Councilmember Nicholson to determine that it is in the best interest of the City to dispense with formal competitive bidding pursuant to City Code Section 21A-9F and authorize the purchase of one (1) Allen Engine Analyzer from Allen Group, Inc., 14106 Pontlavoy, Santa Fe Springs, CA 90670, in the amount of $23,975.45. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT OF THE FACILITATOR/TRAINER FOR THE CYPRESS CULTURAL ARTS NEEDS ASSESSMENT: Recreation and Park Director, Marvin DeCarlo, presented the staff report dated July 21, 1992, which indicated that approval had been received to contract for a facilitator/trainer to assist in the Cypress Cultural Arts Needs Assessment. Three recognized arts management companies submitted proposals in a timely manner. Upon review of these proposals by Cultural Arts Assessment Steering Committee, it has been determined that Arts Marketing Consultants, Inc. would best meet the needs for the Cypress Assessment. The agreement will be written in a three-phase process, including orientation by the facilitator, consultation during the process and the final report writing. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, award the contract for a facilitator/trainer for the Cypress Cultural Arts Needs Assessment to Arts Market Consulting, Inc. The amount is not to exceed $7,000.00 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 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 ~.he recommendations listed on the Agenda. It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the Consent Calendar Items 3 through 15. The motion unanimously carried by the following roll call vote: - '~Z CITY COUNCIL MINUTES July 27, 1992 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 the Regular Meeting of July 13, 1992. Recommendation: That the City Council approve the Minutes of July 13, 1992. Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 5: Consideration of Design Review Committee's Approval of DRC #92- 26. Recommendation: Receive and file. Item No. 6: Consideration of Proclaiming September 27, 1992, as "Race for the Cure Day". Recommendation: That the Mayor and City Council officially proclaim September 27, 1992, as "Race for the Cure Day" in the City of Cypress, as requested by The Susan G. Komen Breast Cancer Foundation, Orange County Chapter. Item No. 7: Consideration of Monthly Investment Program for the Month of June 1992. Recommendation: Receive and file. Item No. 8: Consideration of Authorization to Attend the National Association of Telecommunications Officers and Advisors (NATOA) 12th Annual Conference. Recommendation: That the City Council authorize the attendance of the Assistant City Manager, David Barrett, and Cypress Cable Television Commissioner Howard Martin to the 12th Annual Conference of the National Association of Telecommunications Officers and Advisors (NATOA), to be held on September 9-12, 1992, in Irving, Texas, and be reimbursed for all actual and necessary expenses incurred. Item No. 9: Consideration of Adoption of Resolution Commending Eagle Scout Brent Sherman Anderson. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy Scout Brent Sherman Anderson on attaining the rank of Eagle Scout. RESOLUTION NO. 4094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT BRENT SHERMAN ANDERSON ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 10: Consideration of Design Review Committee No. 92-24 (Two Unit Apartment, 8591 La Homa Street). Recommendation: Receive and file. Item No. 11: Consideration of Extension of Time for Design Review Committee No. 91-13 (Ushio Office Building, 10550 Camden Drive). Recommendation: That the City Council approve extension of Design Review Committee No. 91-13 for a period of six (6) months, effective July 22, 1992. Item No. 12: Consideration of Continuing Part-Time Contract Building Inspection Services. Recommendation: That the City Council authorize the continuation of part-time contract building inspection services with Melad and Associates, 8907 Warner Avenue, #161, Huntington Beach, CA 92647, on an as-needed basis, at the hourly rate of $35.00, not to exceed $5,000, through June 30, 1993. Item No. 13: Consideration of ADA Compliance - Technical Advisory Committee. 2 _ ~ _ 5'1 r~y J' CITY COUNCIL MINUTES July 27, 1992 Recommendation: That the City Council authorize staff to follow the guidelines outlined in the report and establish a Technical Advisory Committee for review, comments, and recommendations on ADA related matters. Item No. 14: Consideration of Administrative Policy - Financial Criteria for Capital Outlay and Capital Projects - State Budget Concern. Recommendation: Receive and file. Item No. 15: Consideration of Agreement for Solid Waste Management Services Among the Cities of Cypress, La Palma, Los Alamitos, and Seal Beach. Recommendation: That the City Council authorize the Mayor and City Clerk to execute the agreement for provision of shared solid waste management services among Cypress, La Palma, Los Alamitos, and Seal Beach. END OF CONSENT CALENDAR CLOSED SESSION: Mayor Partin recessed the meeting at 5:45 p.m. to enable the Council to enter into a Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:30 p.m. with all Councilmembers present and staff members Essex, Patterson, Barrett, Bacock, Donovan, Eynon, Storey and Wicker also present. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Gail Kerry. PRESENTATION: Ms. Cindy Warren announced that there will be a Cypress Police Appreciation Night honoring the City's police personnel to be held July 31, 1992 at the Ramada Inn and invited the community to join the festivities. Personnel Director Gary Bacock introduced Emilia Frias, a student worker from the National Association of Latino Elected and Appointed Officials. Emilia, a Cypress High School student and resident, is working in various City departments during the summer. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. George Unan, Senior Citizens Commission member, advised that there was an article in the Orange County Register reporting that video games are being planned for the new Senior Center instead of the bingo game equipment that the seniors wanted. He encouraged that the bingo be implemented in the building process. Mayor Partin stated that the video games may be in addition and asked for a report from staff on the question. The City Manager advised that it will be a multi-purpose facility being built to house various activities and does not preclude any of the activities. Mr. Unan read from the Register article. Mayor Partin explained that as far as the Council is concerned, the bingo is going in and whatever is in the paper is in addition to bingo. Ms. Cindy Warren, 10413 Cary Cr., Cypress, reported on several complaints from the neighbors on the noise from the Korean Baptist Church and asked that the City staff send a letter asking them to curtail their activities after 9:00 p.m. Several calls have been made to the Police Department and Ms. Warren has tried to contact the church and received no response. Mayor Partin requested the City Manager to respond. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. Mr. Ralph Miller, 8151 Gay Street, Cypress, asked for clarification on Item No. 24, Consideration of Further Discussion Regarding the Use of the Pacific Electric Right of Way as Part of the Orange County Commuter Rail System, and stated that he thought the issue was settled. Mayor Partin responded the item would entail a discussion between the Councilmembers about the City staff ~r~tering into discussions with the staffs of other cities and the Orange County Transit Authority. 3 _J _ F -f jam, 1 CITY COUNCIL MINUTES July 27, 1992 Mrs. Jean Leininger, 10152 St. Bernard, Cypress, wished clarification on Item No. 17, Public Hearing Re: Conditional Use Permit No. 92-11, Day Care Center at Damron Elementary School, 5400 Myra Avenue, and asked where the Day Care Center building would be located on the school property. Mr. Robert Schwarzkapf, 5824 Holmby Ct., Cypress, wished to speak on Item No. 21, Continuation of an Ordinance Regarding Consideration of On-Street Parking of Large Vehicles and Implementing the Parking Permit System and expressed concern about the extent of the proposed Ordinance. At this time, Mayor Partin told those in the audience that this item will be continued for further study and input. The City Attorney advised that the staff report would be made available to those citizens who expressed a desire to have that report. He stated that there are some enforcement questions that require additional information to Council. Ms. Ellen Kippel asked if there were going to be any discussion at all on this item because it is about time the City made a decision. She stated that Council keeps throwing it back to the Traffic Commission and it makes the issue more aggravating. The City Manager summarized the actions taken by the City Council at the 5:30 session of the meeting. The City Attorney reviewed discussions held during Closed Session on violation of a conditional use permit at 9733 Walker Street; the moratorium on church construction or use in commercial zones; the Caswell vs. City of Cypress litigation matter; the settlement action entitled "County of Orange vs. All Persons Interested the Valuation of Certain Public Utilities wherein the City has time to accept the settlement or file our own action; the Oxford School site issue regarding potential acquisition; and the oversized vehicle ordinance, on which the City Attorney requested a continuation. Mayor Partin mentioned his attendance at the 20th anniversary celebration of the founding of the Hotline organization. He reported that the Community Festival was held on July 25, 1992, with an estimated attendance of 16,000 to 18,000 people. He thanked those people who helped make it a very successful festival. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 92-8 AND VARIANCE NO 92-2, FOUR UNIT APARTMENT BUILDING, LA SALLE STREET,. SOUTH OF GRACE AVENUE: Mayor Partin opened the public hearing. The Planning Director summarized the staff reports dated July 6 and 20 and advised that this item was continued from the July 8, 1992 City Council meeting to allow additional time to address project design issues. The issues were the accommodation of a carport to a garage and concerns expressed by two of the neighbors on setbacks and drainage which were resolved after meeting with staff. The remaining issue had to do with the conversion of the proposed carport to a garage and three alternatives were given. The Mayor asked if anyone wished to speak in favor of or against the project. No one spoke. The applicant, James Glenn, 507 19th Street, Huntington Beach, advised Council on the direction of the property drainage and the only place that would have drainage through the soil would be at the back of the property.' He stated that he could construct four garages each at 19.9 feet which would be his preference and the front setback would remain undisturbed. It was moved by Councilmember Age and seconded by Councilmember Kerry to close the public hearing and approve Conditional Use Permit No. 92-8 and Variance No. 92-2, subject to alternative (b) in the staff report which reduced the overall size of the garages to provide for a fourth garage without affecting the spacing for the laundry room and guest parking spaces. 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 r~ Y k~ y - CITY COUNCIL MINUTES July 27, 1992 ~•/1.I The City Council requested staff to encourage enclosed garages whenever possible. CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 92-10 DAY CARE CENTER AT DAMRON ELEMENTARY SCHOOL, 5400 MYRA AVENUE: Mayor Partin declared the public hearing open. The Planning Director reviewed the staff report dated July 8, 1992, which represented a request by the Cypress School District for a conditional use permit for the operation of a privately operated day care center at the Damron Elementary School site located at 5400 Myra Avenue. In accordance with the California Environmental Quality Act, a Statement of Categorical Exemption has been filed for this project. The proposal is for the use of two of the existing classrooms until February 1993 for a privately operated day care center. After this time, the day care center will be relocated to two new modular classrooms located on the school site. The hours of operation are from 6 a.m. to 6:30 p.m. Ten additional parking spaces located adjacent to the modular classrooms are proposed as part of this application. At the conclusion of her presentation, she mentioned that Mr. Calton, Superintendent of the Cypress School District, was present to answer any questions. This public hearing notice has been published, posted and mailed to all property owners within a 300 foot radius. Responding to the Mayor, Mr. Calton explained that the three classrooms used by the lessee are conventional construction and the modular building will be constructed as a permanent fixture, not to be relocated elsewhere. The facilities will be finished to blend in with the rest of the school buildings. This new facility will be located on St. Alban, south of Damron school so it will have a different traffic pattern flow than what the current child care facility has. Mrs. Jean Leininger, 10152 St. Bernard Street, Cypress, questioned where the new facility would be located, she was given a site plan to view and Mr. Calton proceeded to address her concerns. Mayor Partin asked if anyone else wished to speak in support of or in opposition to the application. No one did so. It as moved by Councilmember Kerry and seconded by Councilmember Bowman to close the public hearing and approve Conditional Use Permit No. 92-10, including the waiving of fees, 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 NO 92 11, DAY CARE CENTER AT SWAIN ELEMENTARY SCHOOL, 5851 NEWMAN STREET: The public hearing was opened by Mayor Partin. The Planning Director presented the staff report dated July 8, 1992, represented a request by the Cypress School District for a conditional use permit for the operation of a day care center at the Swain Elementary School site located at 5851 Newman Street. In accordance with the California Environmental Quality Act, a Statement of Categorical Exemption has been filed for this project. This proposal is for the use of two of the existing classrooms until February 1993 for a day care center currently operated by the City's Parks and Recreation Department. After this date, the day care center will be relocated to two new modular classrooms located on the school site. The day care service will be open from 6 a.m. to 6:30 p.m. Ten additional parking spaces located adjacent to the modular classrooms are proposed as part of this application. This public hearing notice has been published, posted and mailed to all property owners within a 300 foot radius. Mr. Calton reported on the additional parking spaces which will help relieve some of the traffic congestion caused when students arrive and leave the school premises. The new parking lot can also be used for bus parking. He expressed his appreciation to the City and the Redevelopment Agency because the child care centers are a result of the agreement between them and the School District. He reported that the Cypress Education Foundation did take action to enter into an agreement with Children's Environmental Concepts to 5 - `j ,r CITY COUNCIL MINUTES July 27, 1992 operate the Damron School child care facility. He then answered questions from the Council. Mayor Partin asked if anyone wished to speak on this issue. Mr. Brian Krieger, 5661 Camp Street, Cypress, asked about the City-run "Kids City" and expressed concern about going from the Recreation and Parks District to the School District and the costs going up. Mr. Calton clarified that Recreation and Parks District will continue to operate their day care center at Swain School. No one else wished to speak on this item. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing and approve Conditional Use Permit No 92-11, including the waiving of fees, 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• APPLICATION FOR SPECIAL PERMIT - SECONDHAND DEALER'S LICENSE MERVYN'S DEPARTMENT STORE, JEWELRY DEPARTMENT 10201 VALLEY VIEW STREET: Mayor Partin opened the public hearing. The City Manager referred to the staff report dated July 21, 1992, which indicated that the investigation conducted by the Cypress Police Department has not been completed since the applicant has not responded with the necessary paperwork. It was moved by Councilmember Age and seconded by Councilmember Bowman to continue this Public Hearing to the meeting of August 10, 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 rnNSTnFRATrny OF PUBLIC HEARING RE• FINAL DRAFT SOURCE REDUCTION AND RECYCLfNG ELEMENT SRRE) AND FINAL DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENT ~HHWE1: The public hearing was opened by Mayor Partin. The City Manager called upon Jamie Herbon to present the staff report dated July 20, 1992, which indicated that the public hearing was to provide an opportunity for public comment regarding the final draft Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE) on file with the City Clerk's office and at the Cypress Public Library. The major components of the SRRE involve source reduction, recycling, composting, special waste and public education. At least 28.5% of the waste will be diverted through these methods by the year 1995 and, hopefully, 50% by the year 2000. Strongly supported in the document, is the County-wide program for permanent household hazard waste disposal sites throughout the County. These planning documents required a California Environmental Quality Act (CEQA) review process. Negative Declarations were prepared and circulated for public review and notices of intent to file negative declarations were filed October 21, 1992. The affidavits of publication and posting are on file in the office of the City Clerk and, as of this date, no communications either in favor or in opposition to this issue have been received. Responding to Councilmember Age, Ms. Herbon answered that they are looking at 1993 as the year that the compost will be picked up separately from other waste. Regarding the compost, the City is asking for diversion credit from the State through a permitted facility and, at this time, there are only two in the entire state. The City Manager noted that the City is in the process of renegotiating its Franchise Agreement and part of the discussion will be curbside collection of bulky items a couple of times each year. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing, certify the Negative Declarations for the City's Source Reduction and Recycling Element and the Household Hazardous Waste Element and adopt the Resolution by title only, title as follows, adopting the 6 ~ , CITY COUNCIL MINUTES July 27, 1992 City's Source Reduction and Recycling Element and the Household Hazardous Waste Element. RESOLUTION NO. 4095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGARDING THE ADOPTION OF THE FINAL DRAFTS OF THE CYPRESS SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF AN ORDINANCE REGARDING CONSIDERATION OF ON-STREET PARKING OF LARGE VEHICLES AND IMPLEMENTING THE PARKING PERMIT SYSTEM: Mayor Partin announced that the City Attorney's recommendation is that this item be continued for further study. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the Council meeting of August 24, 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 CONTINUATION OF CONSIDERATION OF CONTRIBUTIONS TO COMMUNITY ORGANIZATIONS: The City Manager advised that this item has been continued due to the fact that the State's budget has not been determined and its resolution would impact the City's budget. Councilmember Age stated she didn't see how Council could move on the contributions until the State has resolved their budget and she suggested continuation. Councilmember Kerry stated that there is a Cypress Pops concert scheduled for August and suggested that some contribution be considered at this time for that performance. She suggested that an additional contribution of $1,500 be granted for the next concert. Councilmember Age advised that she would like to wait on this until the next meeting. It was moved by Councilmember Kerry and seconded by Mayor Partin to contribute $1,500 to the Cypress Pops Orchestra for their August concert. 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 table the remainder of this item until the State budget has been resolved. 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 Mr. John E. Hall, Conductor of the Pops Orchestra, thanked the Council and invited them to attend the August 15 concert. CONTINUATION OF CONSIDERATION OF A ZONING DETERMINATION FOR DAY CARE CENTERS AS A PERMITTED USE IN THE BUSINESS PARK SUBJECT TO A CONDITIONAL USE PERMIT: The City Manager reported that meetings on this item were held as late as this afternoon and it was his understanding that the problem had been resolved. ?he Planning Director presented the staff reports dated July 6 and 21, 1992, which represented the original request for a blanket zoning determination throughout the Cypress Business Park regarding day care centers as a permitted use in the Business Park zone subject to a conditional use permit as an 7 ` w CITY COUNCIL MINUTES July 27, 1992 accessory use. The State of California legislature recognized the critical need for day care facilities for working parents and, in response to this need, adopted a Commercial Density Bonus law. A study of the specific plans indicated a provision for similar accessory or service uses to be permitted or conditionally permitted; however, there are some additional issues to be addressed while not precluding PacifiCare from moving ahead with their facility. She modified the request to Council by adding the statement that only those properties outside of the planning areas for the Airport Land Use Commission are being requested to have this determination made at this time. Staff is now requesting that the City Council consider this matter in all business park-type zones as listed in the staff report far areas that are located outside of the planning area for the Airport Land Use Plan. She mentioned that representatives from PacifiCare were present. After some discussion, Councilmember Bowman asked about the Air Quality Management District's rule about day care/child care within a certain distance of a primary source of pollution. The Planning Director advised that would be considered when the project is evaluated specifically. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to determine daX care/child care centers are accessory uses to permitted or conditionally permitted use, subject to a conditional use permit in the following zones: the PC-1, PC-2, PC-3, PC-4 and PC-5 Planned Community Business Park Zones and in the PBP Planned Business Park Zone that are outside the jurisdiction of the Airport Land Use Planning Area. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ASSENT: 0 COUNCILMEMBERS: None Mr. Bill Wood, Vice-President of Community Relations for PacifiCare Health Systems, stated they have been planning this project for about six years to assist their employees and to continue to attract exceptional employees. The facility will be for employees only and will care for infants and children up to five years of age. CONSIDERATION OF FURTHER DISCUSSION REGARDING THE USE OF THE PACIFIC ELECTRIC R~LFT OF WAY AS PART OF THE ORANGE COUNTY COMMUTER RAIL SYSTEM: The City Manager presented the staff report dated July 22, 1992, which indicated Councilmember Nicholson had asked that this item be placed on the agenda for further discussion. Since the Cypress City Council had been on record in opposition to the subject right of way being utilized through portions of the City of Cypress, staff has been reluctant to participate in discussions with the staff of the City of Garden Grove and their engineering consultants and there is concern about policy direction from the City Council regarding staff participation. The City Manager advised that there is still discussion on extending the line beyond Beach Blvd., specifically to a terminus at or near Cypress College. Councilmember Bowman stated that he had been attending OCTA meetings and he didn't think it was appropriate to continue his attendance since the Council had voted against the proposed line. He expressed the belief that a staff person should attend the meetings and bring information back to the Council of any proposals similar to the suggested spur to Cypress College. Councilmember Nicholson stated that she didn't see a need for a light rail spur to Cypress College. The college gathers students from the area and not from the origination point of the light rail line. The other point that was made was that it would service the Business Park at Katella and Valley View. The Business Park starts at Knott and Katella; therefore, if the station is on Beach Blvd. in Stanton then the ideal arrangement would be for the buses to pick the passengers up there and go down Beach Blvd. and then to Katella. She would like to see the City Council go on record this evening telling the Orange County Transit Authority that the City of Cypress wants the light rail guideway to end at Beach Blvd. in Stanton. Councilmember Kerry remarked that the City of Cypress does not have major employers or users of transportation and the facility should be built where people are going to use it. She expressed her opposition to the light rail line; it does not belong running through Cypress. 8 a ~ -1 `J v CITY COUNCIL MINUTES July 27, 1992 Councilmember Bowman stated that OCTA has chosen the northern route. There is one issue tonight and that is whether or not staff will monitor the meetings and he suggested that they be monitored because it would be in the best interests of the City. Councilmember Age agreed, stated she had some concerns because we do not have all the answers making it difficult for the City to respond to any questions. Councilmember Kerry was not opposed to having staff monitor the meetings, but could not condone their input at the meetings. She requested that OCTA provide Council with information. Councilmember Nicholson stated that staff needs to provide input at the meetings. She believed OCTA needed to be told that the Cypress City Council has not changed their vote, the light rail should stop at Beach Blvd. in Stanton and she would like that message to be conveyed. Councilmember Age stated that she voted that the light rail system not go through the City of Cypress, she has not changed her mind and those meetings need to be monitored. Councilmember Bowman stated that the Council is already on record as opposed to the line through Cypress and he suggested that the policy for staff be that they monitor the meetings and request the economic information. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to continue to monitor the meetings and go on record again with the Orange County Transportation Authority that they Cypress City Council is opposed to the light rail system running through the City of Cypress and do not wish to see it go to the Cypress College area. 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 The City Manager clarified that staff will monitor the meetings and communicate the Council's opposition of the rail extension to Cypress College. CONSIDERATION OF RENEWAL OF LEASE AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE ANAHEIM UNION HIGH SCHOOL DISTRICT FOR PORTIONS OF THE OXFORD FACILITY: The City Manager summarized the staff report dated July 22, 1992, which described Council's concern over the limited term of the lease and requested the Trustees to consider granting a five-year lease renewal. In response to that request, the Superintendent indicated that further discussion would be held with the major tenant some time in October to discuss an extended lease renewal. In the interim, the City has received another communication from the District requesting an executed copy of the one-year lease agreement. At this time, it may be appropriate for the City Council to authorize the execution of the one-year lease agreement with the understanding that further discussion will be held in October regarding the lease extension. Councilmember Bowman stated that as long as the high school district owns the property, The City is compelled to abide by their program. It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the one-year renewal of the lease agreement with the Anaheim Union High School District for portions of the Oxford facility to expire on June 30, 1993, with the understanding that further discussion will be held in October regarding extending the lease period. Councilmember Kerry stated they do own the property, but the City is maintaining the grounds. She didn't see any reason why the City should conclude a one-year lease with nothing to be gained by granting the extension and suggested waiting until October. Councilmember Bowman stated that the reality is the Anaheim Union High School District owns the property and the City is just another public entity leasing the property. 9 ~ - ~ ~ ~ CITY COUNCIL MINUTES July 27, 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 rnNSInFRATION OF TERM EXPIRATION OF SENIOR CITIZENS COMMISSIONER GEORGE UNAN: The staff report dated July 20, 1992 advised that Senior Citizens Commissioner George Unan's term expired on June 13, 1992. Mr. Unan is eligible to serve for another four-year term of office and he has expressed an interest in reappointment. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to reappointment Senior Citizens Commissioner George Unan for another four-year term of office. 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 rnNSInFRATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 51822 - 52142: It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the Warrant List, Warrants No. 51822 through 52142 in the amount of $1,028,143.80. 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 ZONING DETERMINATION REQUEST REGARDING SAFETY NETTING ALONG KATELLA AVENUE, FJC U S A INC 4561 KATELLA AVENUE (GOLF COURSE): The Planning Director presented the staff report dated July 23, 1992, which represented a request for a zoning determination regarding the installation of . nylon mesh safety netting along Katella Avenue at the #3 fairway located at the west end of the golf course. The zoning determination request included only an interpretation of the City of Cypress zoning Ordinance and is not considered a project according to the requirements of the California Environmental Quality Act. At this time, staff is asking Council to make a determination as to whether or not this request shall be a permitted accessory use to the existing golf course use, shall it be subject to Design Review, or will it require an amendment to the existing golf course conditional use permit. Mr. Tom Busby, representing Dye Designs, responded to questions from Council and presented photographs of the proposed netting. FJC U.S.A. Inc. is trying to take the safety level higher and reduce the risk as much as possible. Councilmember Nicholson asked for clarification on the three alternatives. Councilmember Bowman stated that he agreed with Alternative No. 3, which required a conditional use permit. Mr. Busby stated that the owners of the golf course are concerned with the safety of the golfing and non-golfing public and they felt compelled to ask for this netting. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to determine that the proposed request for safety netting along Katella Avenue ~TT~„ is a project which will require an amendment to the existing golf course conditional use permit. 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 ~7gAL C~UNICgLIQN~: For Matters Not an the Agenda. Councilmember Bowman stated that when the Graffiti Hot Line is called it only reports that there is an incident in progress and asked the Police Chief if 10 ` CITY COUNCIL MINUTES July 27, 1992 all incidents could be handled through the one number. The Chief advised that the change could be made. Mayor Partin asked that some selective enforcement be performed by the Police Department on Gateway Drive which has become a cutoff and speedway between Holder and Valley View Streets. He stated that the speed limit is not posted on that street. The Chief will check the speed limit posting and if any speed survey has been done. 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 LERK OF HE CIT OF CYPRESS 11