Minutes 92-08-24 ~ ,
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 24, 1992
The Regular Meeting of the Cypress City Council was called to order at 5:33
p.m., Monday, August 24, 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 DeCarlo, Donovan, Eynon, Storey and Wicker.
Representatives from the Orange County Transportation Authority, Orange County
Environmental Management Agency, and from the consulting agency of LSA and
Associates were present to provide the City Council with an overview of the
super street concept. A five minute video was shown and there will be a
public open house in Los Alamitos on Tuesday evening and another in Garden
Grove on Wednesday to receive citizen input on the Katella Avenue Super Street
Project. Mr. Rod McCann of LSA Associates gave a short presentation on the
environmental impacts on the City of Cypress.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to
speak.
_ ('ONTINUATION OF CONSIDERATION OF EMPLOYEE SERVICE AWARD CONTRACT: The City
Manager presented the staff report dated August 19, 1992, which provided the
additional information requested by the Council at the meeting of August 10 as
to number of recipients and cost of the service awards. Due to an additional
cost tied to ordering the awards and the need to maintain consistency in the
quality and selection, staff requested the waiver of the bid process and
further requested the approval to continue with O.C. Tanner as the City's
vendor.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
waive the bid process and award the 1992 employee service awards contract to
O.C. Tanner Company in an amount not to exceed $5,700 and authorize the
purchase and payment of the service awards. 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 REPLACEMENT OF POLICE VEHICLE: The staff report dated August
5, 1992 was presented by the City Manager and indicated that Cypress Police
Department's Unit 662 sustained major damage after being rear-ended. All
three repair estimates exceeded the value of the vehicle and recommendation
was made by the City Garage to replace Unit 662. The City will be seeking
restitution from the responsible driver in the collision.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
authorize the Finance Department to release a purchase order to Maurice J.
Sopp and Son Chevrolet, 5801 Pacific Blvd., Huntington Park CA 90255 to
purchase one police pursuit vehicle under the Los Angeles County Sheriff's
Department contract. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RENEWAL OF CONTRACT FOR MAINTENANCE AND SERVICE OF THE CITY'S
HEATING, VENTILATION AND AIR CONDITIONING (~IVAC)~E UIPMENT: The City Manager
summarized the staff report dated August 11, 1992, which indicated that the
City has contracted for heating, ventilation and air conditioning preventative
and remedial maintenance services with Bear State Air Conditioning Service,
Inc. since 1988 and they have offered to renew their service contract for an
additional year with no increase in price.
CITY COUNCIL AGENDA August 24, 1992 ~ °'`J
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
authorize the renewal of the maintenance and service contract for the City's
heating, ventilation and air conditioning (HVAC) equipment, for a one year
period ending August 27, 1993, for preventative maintenance service in the
amount of $6,432.00 per year and remedial maintenance service at the same
rates as last year's contract to Bear State Air Conditioning Service, Inc.,
13321 East Alondra Blvd., Santa Fe Springs, CA 90607. 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 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED
SOILS ENGINEERING INC CYPRESS SENIOR CITIZENS CENTER PUBLIC WORKS PROJECT
NO. 9033: The City Manager reviewed the staff report dated August 12, 1992,
which indicated that the agreement for professional geotechnical and special
testing/inspection services with Associated Soils Engineering, Inc. was
anticipated not to exceed $10,000. Due to the extent of the unstable soil
problems encountered at the site, it was necessary to retain Associated Soils
for observations, testing and recommendations to a greater extent than
originally anticipated. It is estimated that the cost for additional contract
testing/inspection work for the project will be approximately $5,400.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman that
the City Council, acting as the ex-officio governing Board of Directors of the
Cypress Recreation and Park District, approve Amendment No. 1 to the
professional services agreement for geotechnical and special inspection
testing and inspection services, with Associated Soils Engineering, Inc., 3320
Airport Way, Long Beach, CA 90806, for a total contract amount not to exceed
$19,000. 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 AUTHORIZATION OF AWARD OF CONTRACT TO ADS CONSULTING GROUP TO
ASSIST CITY STAFF WITH THE PURCHASING AND INSTALLATION OF A FULLY INTEGRATED.
('TTY-WIDE PERSONAL COMPUTER NETWORK: The Finance Director presented the staff
report dated August 18, 1992, which described the informative and productive
presentation made by the ADS Consulting Group and the free consultation,
including a three hour visit by an ADS consultant. Data Processing staff has
met with, interviewed and checked the references of seven other network
consulting firms. ADS references have been superior to other vendors and, at
$80.00 per hour, they have the lowest hourly rate among the seven firms. He
stated that if the initial phase is satisfactory, it is anticipated to
continue with ADS through the installation period for approximately 500 hours.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
approve the award of contract to ADS Consulting Group, 10848 Garfield Avenue,
Culver City, CA 90230 at $80.00 per hour, to assist City staff with the
purchasing and installation of a fully integrated, City-wide, personal
computer network. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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 #20, Consideration of Request from
the Red Ribbon Week Committee and the Cypress Chamber of Commerce for
Authorization to Install Permanent Hardware on Edison Company's Utility Poles
for Displaying of the Red Ribbon Banners, be removed from the Consent
Calendar.
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CITY COUNCIL AGENDA August 24, 1992
- It was moved by Councilmember Bowman and seconded by Councilmember Age to
approve the Consent Calendar Items No. 6 though 23, with the exception of Item
No. 20. 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. 6: Consideration of Approval of City Council Minutes of the Regular
Meeting of August 10, 1992.
Recommendation: That the City Council approve the Minutes of August 10, 1992.
Item No. 7: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 8: Consideration of Proclaiming October 1, 1992, as "Book It! Day".
Recommendation: That the Mayor and City Council officially proclaim October
1, 1992, as "Book It! Day" in the City of Cypress.
Item No. 9: Consideration of City Council and Staff Attendance at the 94th
Annual Conference of the League of California Cities.
Recommendation: That the City Council authorize the attendance of any
interested Council Member and Department Head to the 94th Annual Conference of
the League of California Cities, scheduled for October 10 - 13, 1992, in Los
Angeles.
- Item No. 10: Consideration of Claim Filed by the State Compensation Insurance
Fund on Behalf of Their Insured, Charlie Gene Jackson.
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. 11: Consideration of Proclaiming September 17, 1992, as
"Constitution Day" and the Period of September 17 - 23, 1992, as "Constitution
Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim September
17, 1992, as "Constitution Day": and the period of September 17 - 23, 1992, as
"Constitution Week" in the City of Cypress.
Item No. 12: Consideration of Renewal of Design Review Committee No. 90-25,
Multi-tenant Buildings, Northwest Corner of Valley View and Orangewood.
Recommendation: That the City Council approve the renewal of Design Review
Committee No. 90-25, subject to the original conditions of approval included
in Exhibit "A" of the staff report dated August 17, 1990.
Item No. 13: Consideration of Design Review Committee's Approval of DRC #92-
32.
Recommendation: Receive and file.
Item No. 14: Consideration of Contract Change Order No. 4, Summary of
Previous Change Orders, Cypress Senior Citizens Center, Public Works Project
No. 9033.
r,
Recommendation: Receive and file.
Item No. 15: Consideration of Appropriation of 1991-92 Encumbrances - City.
Recommendation: That the City Council: 1) Authorize appropriations per
Exhibit A attached to the staff report, totaling $4,486,817, to the funds
listed below:
General Fund 11 $1,247,221
2106 Gas Tax Fund 22 578,894
Intra Governmental Services Fund 90 739,145
Sanitary Sewer Fund 41 40,000
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Au ust 24, 1992
CITY COUNCIL AGENDA 9 ~ ~ ~
Civic Center Redevelopment Fund 35 $1,776,985
Asset Seizure Fund 28 21,065
Drainage Fund 26 8,568
Acacia Drive Water Line Assessment 21,882
District 32
Lincoln Ave. Redevelopment Fund 37 27,213
Race Track Redevelopment Fund 38 25,844
and 2) Authorize estimated revenues for Capital Projects per Exhibit B
attached to the staff report, totaling $138,882, to the funds listed
below:
General Fund 11 $ 117,000
Acacia Drive Water Line Assessment 21,882
District Fund 32
Item No. 16: Consideration of City's Debt Service Tax Rate for the 1992-93
Fiscal Year.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, fixing the City's debt service tax rate to be .0024 percent
(.000024) of the assessed value.
RESOLUTION N0. 4102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE VOTER
APPROVED INDEBTEDNESS TAX RATE FOR THE FISCAL YEAR 1992-93.
Item No. 17: Consideration of Proclaiming September 14 - 18, 1992, as
"Rideshare Week" and September 17, 1992, as "Rideshare Day" in the City of
Cypress.
Recommendation: That the Mayor and City Council officially proclaim September
14 - 18, 1992, as "Rideshare Week" and September 17, 1992, as "Rideshare Day"
in the City of Cypress.
Item No. 18: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by the Thrifty Corporation, D.B.A. Thrifty Drug Store, 9851
Walker Street, Cypress.
Recommendation: Receive and file.
Item No. 19: Consideration of Resolution Commending Eagle Scout Matt Secrist.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Boy Scout Matt Secrist on attaining the rank of
Eagle Scout.
RESOLUTION NO. 4103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT MATT SECRIST ON ATTAINING THE RANK OF EAGLE SCOUT.
Recreation & Park District Matters:
Item No. 21: Consideration of Appropriation of 1991-92 Encumbrances -
Recreation and Park District.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District: 1) Authorize
appropriations per Exhibit A attached to the staff report, totaling
$1,091,800, to the funds listed below:
General Fund 12 $1,087,911
Intra Governmental Services Fund 83 3,889
and 2) Authorize estimated revenues for Senior Center Construction
project per Exhibit B attached to the staff report, totaling $282,413 to
the Park District's General Fund 12.
Item No. 22: Consideration of Cypress Recreation and Park District's Debt
Service Tax Rate for the 1992-93 Fiscal Year.
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CITY COUNCIL AGENDA August 24, 1992
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, fixing the District's debt service
tax rate to be .0075 percent (.000075) of the assessed value.
RESOLUTION N0. 1~8
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, FIXING THE VOTER
APPROVED INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR
1992-93.
Item No. 23: Consideration of Senior Citizens Commission's Recommendation
Concerning Senior Center Construction.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
Regarding Item No. 20, Councilmember Nicholson stated that she and
Councilmember Bowman wanted to discuss further the possibility of putting
names of businesses, not just non-profit organization names, on banners on
poles within the public right-of-way. The City Manager advised that would be
considered use of the public right-of-way for advertising. Councilmember
Kerry suggested a temporary use permit for an approved non-profit organization
requesting the use of the public right-of-way for advertising. The City
Manager again advised that no private enterprise organization's name be put in
the public right-of-way or the City will be inundated with requests and the
public right-of-way may as well be relinquished totally to private
advertising. The City Attorney stated that advertising in the public right-
of-way would be an encroachment. There are some limited exemptions, but apart
from those, commercial signs are prohibited as a matter of law from
encroachments into public-rights-of-way.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the installation of permanent hardware on designated Edison
Company's utility poles within the public right of way and approve the
installation of the Red Ribbon Week banners, upon City's approval of the
design, to be displayed from October 1st to November 1st of each year, and
require all future organizations to submit to the City the design of the
banner for approval, prior to installation. 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 Reading) & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving the amendment
to CUP No. 89-35.
RESOLUTION N0. 4104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 89-35 - WITH CONDITIONS (OFFSITE
SALE OF BEER & WINE, MOBIL SERVICE STATION/MINI-MARKET, 6011 BALL ROAD).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Partin recessed the meeting at 6:15 p.m. to enable the
Council to enter into Closed Session to discuss litigation matters. The
meeting reconvened at 7:40 p.m. with all Councilmembers present and staff
members Essex, Patterson, Donovan, Eynon, Storey and Wicker also present.
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CITY COUNCIL AGENDA August 24, 1992
7.30 P M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Age.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Harold Lindamood, 6223 Lawrence Street, Cypress, stated he was on the Golf
Committee for the Cypress Chamber of Commerce and presented flyers to the
Council announcing the October 19 Chamber golf tournament at the Cypress Golf
Club.
Ms. Marie Hall, 5662 Cynthia Lane, Cypress stated she was present on behalf of
the Board of Directors and Guild of the Cypress Pops orchestra. She extended
an invitation to the City Council and Cypress residents to the Cypress Pops
concert in Buena Park on August 29 at 6:00 p.m.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
Mr. John Shim, 15404 Gramercy Place, Gardena, called the Council's attention
to Item No. 29, which requested a refund of application fees. He stated they
had not applied for a refund, the request was the action of their architect
Tom Drummond and they are changing the legal agent to Pastor Hang Shim. The
City Attorney advised that the item can be continued until the legal agent is
contacted or the church substitutes themselves as the agent, then they could
withdraw the refund request.
The City Manager reported that the Council had a workshop session at 5:30 for
a presentation on the concept of the super street and the Katella super street
EIR by representatives from the Orange County Transportation Authority, Orange
County Environmental Management Agency and LSA and Associates. He then
reviewed the actions taken by the Council during the 5:30 p.m. portion of the
meeting.
The City Attorney reviewed discussions held during Closed Session on the
commencement of code enforcement action on Caswell vs. Cypress and a trash
enclosure at 8563-69 Walker Street. In addition, the City Council received a
report regarding the church moratorium's application to the Korean Church;
they were advised of the proposed settlement regarding United States vs.
Montrose, Potlatch and Simpson and agreed to authorize the Mayor and the City
Clerk to sign the settlement of that action.
Mayor Partin announced that the Cypress Golf Course was approaching its
official opening day. The Shinto ceremony for the clubhouse and the course
was held on August 21, and was attended by the City Council and City staff.
He stated that there will be a $30 discount on green fees for Cypress
residents plus an additional advance day of booking the tee-off time at the
course.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE• APPLICATION FOR SPECIAL
PERMIT - SECONDHAND DEALER'S LICENSE, MERVYN'S DEPARTMENT STORE. JEWELRY
DEPARTMENT 10201 VALLEY VIEW STREET, CYPRESS: Mayor Partin opened the public
hearing. The staff report dated August 19, 1992 indicated that Mervyn's
wished to withdraw their application for a secondhand dealer's license.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the public hearing and receive and file the application. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT N0. 92-12.
ESTABLISHMENT OF A RETAIL DRY CLEANERS WITH ONSITE DRY CLEANING EQUIPMENT
9111 VALLEY VIEW STREET., SUITE 115, CYPRESS: Mayor Partin declared the public
hearing open. The Planning Director reviewed the staff report dated August
11, 1992, which represented a request to establish an onsite retail dry
cleaners including the use of garment cleaning and finishing equipment located
at 9111 Valley View Street in the CH-LC Commercial Heavy Lincoln Avenue. In
accordance with the requirements of the California Environmental Quality Act,
a Negative Declaration has been filed for this project. An approved SCAQMD
permit has been obtained by the applicant for the installation of one 50 pound
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CITY COUNCIL AGENDA August 24, 1992
dry cleaning machine. 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.
The applicant, Hunter Hui Lee, 7169 Santa Isabel, Buena Park, CA 90620 was
present but chose not to speak and the Council had no questions.
Mayor Partin asked if anyone wished to speak in support of or in opposition to
the application. No one spoke.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to J
close the public hearing, certify the Negative Declaration in accordance with
the requirements of the California Environmental Quality Act and approve
Conditional Use Permit No. 92-12 subject to the conditions in Exhibit "A."
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF AN ORDINANCE REGARDING ON-STREET PARKING OF
LARGE VEHICLES AND IMPLEMENTING THE PARKING PERMIT SYSTEM: The Public Works
Director summarized the staff reports dated July 14, 1992 and August 13, 1992,
which provided background information relating to the consideration of an
ordinance regarding the on-street parking of large vehicles and the
implementation of a parking permit system. It was also noted that the City
Council had received copies of the City of Mission Viejo's ordinance in regard
to large vehicles. The Traffic Commission had previously proposed a parking
permit system which was patterned from the City of Seal Beach's existing
oversized vehicle parking permit program. In accordance with Council's
direction, staff reviewed the Mission Viejo large vehicle parking ordinances
and has found them more restrictive than Cypress' proposed ordinance. The
most significant difference is that Mission Viejo prohibits the parking of
large/recreational vehicles, unless substantial screening is in place so the
vehicle cannot be seen from the street or neighboring property. It was also
noted that Mission Viejo has no parking permit system. In conjunction with
the adoption of their large/recreation vehicle ordinances, the City of Mission
Viejo also adopted an amortization ordinance.
Councilmember Nicholson stated that the Council was seeking an ordinance that
could be complied with and would not be an unnecessary burden on the Police
Department or the RV owners. She also stated that she did not intend to
implement Mission Viejo's strict enforcement of their ordinance where the
large vehicle cannot be kept in a driveway or in public view.
Responding to Councilmember Nicholson, Police Chief Wicker replied that his
department responds on complaint, which is how they operate now with the 72
hour rule and it would not create a hardship for them.
Councilmember Kerry felt that the Police Department should not be burdened
with daily permits, which was a hardship for everyone. She had no problem
with a six month permit for people who are using their RVs as their main
source of transportation, 90 day permit for a new vehicle and 14 days for
visitors. The Police Department should have the authority to cite for parking
more than 24 hours and a fine imposed for each day.
Councilmember Nicholson mentioned the Mission Viejo ordinance gives the Police
Department discretionary judgment to cite a vehicle that is being shuttled
around the neighborhood.
Councilmember Age expressed disagreement over the 24 hours versus 72 hours
because some RV owners going on long trips need more than the 24 hours to
ready their vehicle. She suggested 48 hours and Councilmembers Kerry and
Nicholson concurred.
Councilmember Bowman commented that he liked the Mission Uiejo ordinance
allowing the RV to be parked contiguous to the owners property or in the
driveway.
Responding to Councilmember Kerry, the City Attorney replied to her question
on the "discretionary judgment" allowed the Police Department stating that it
can be written in the ordinance but the difficulty would be one of
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CITY COUNCIL AGENDA August 24, 1992
enforcement. The Police Chief concurred and advised that the discretionary
practice can lead to allegations of disparate or arbitrary enforcement and
perhaps some tangible element could be attached to the discretion.
After further discussion, the Police Chief advised that the Mission Viejo
ordinance considers the RV violations a nuisance abatement rather than a
parking issue.
The Police Chief enumerated the issues to be included in the ordinance:
prohibit the parking of oversized vehicles that are either over eight feet
high, over 22 feet in length or over 92 inches in width between the hours of
two and four a.m. absent a permit. A permit may only be granted in those
circumstances where the resident is new to the community and a six month grace
period exists, visitation from members of the family or others for a period of
14. For the 48 hour period, the vehicle may only be parked contiguous to or
in the driveway of the residence of the owner. No enforcement of this
ordinance will begin for six months to allow existing oversized vehicles to
find acceptable parking.
After additional questions and clarification, direction was given to the City
Attorney to draft the proposed ordinance.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
direct the City Attorney to draft an ordinance incorporating the items as
discussed by Council above. 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. Bob Sundwall, 5486 Vista Sierra, Cypress, commented that the eight foot
height and 22 foot width requirement was ridiculous and it had nothing to do
with motor homes. He spoke of the value of motor homes during disaster and
emergency situations with water and food supplies. He suggested banning the
vans from the streets also.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, asked who was behind the
movement to ban motor homes, there is no one to protect their rights and the
Council is working against them.
Mrs. Ellen Kipple, 11664 Blackmer Street, Cypress, commended the City Council
for proposing an ordinance that she believed would be very good and very
effective. If a citizen has an RV, they can afford to pay for its storage.
Ms. Katina Kelsey, Cypress resident, stated that she didn't appreciate looking
at a motor home every day in her cul-de-sac and in the neighboring driveway.
Mr. Ed Giroud, 11462 Shippigan Way, Cypress, stated there is no reason for an
ordinance, the 72 hour rule, if properly enforced, is adequate. He took
exception to the proposed ordinance which would require the motor home to be
parked adjacent to your property." All of the townhome complexes in the City
do not have driveways, are not allowed by CC&Rs to park their RVs in the
complex and if the townhome owners are not allowed to park on Orangewood or
one of the other streets without driveways, then where do they load, unload
and otherwise maintain their RVs. He would like this situation to be taken
under consideration by the Council as long as an ordinance of some type is
going to be adopted.
After some discussion, the Council indicated they would reconsider this aspect
of the proposed ordinance and directed the City Attorney to check with the
City of Mission Viejo as to how they address this situation of special areas.
Mr. Carl Eriksen, 5832 Crestview Cr., La Palma, stated that it is within the
dominion of the City to paint a curb red and if that curb is contiguous to the
RV owner's property, how does he comply with the law. He believed there were
some sincere problems with the concept of "contiguous."
The City Attorney stated that he would draft an ordinance, paying particular
attention to the concept of "contiguous" and have the ordinance ready for the
September 28, 1992 meeting.
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CITY COUNCIL AGENDA August 24, 1992
CONSIDERATION OF FINANCIAL ASSTSTaNr.F TO THE CYPRESS CHAMBER OF COMMERCE:
Mayor Partin reported that there has been a request to continue this item.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
continue this item to the meeting of September 14, 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 A REQUEST FROM THE JOONG ANG KOREAN CHURCH FOR A REFUND OF
THE APPLICATION FEES FOR CONDITIONAL USE PERMIT NO 92-6: The City Attorney
advised that he has had an opportunity to review some documents from John Shim
and the Church appears to be the owners of the property and have the right
under the City's ordinance to revoke any prior agency. The Planning Director
clarified that the Reverend Shim was the authorized signatory and he is not
present.
Mr. Thomas Drummond, architect for the Joong Ang Korean Church, stated he was
informed by the Planning Department that he would have to make a request in
writing in order to receive a refund of the application fees. The church has
informed him that they do not wish to have the fees refunded and he asked that
the refund request be withdrawn.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
accept the withdrawal of the request for the refund of application fees for
CUP No. 92-6. 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 SUBSTITUTE DENSITY BONUS AGREEMENT FOR 8701 WALKER STREET
CYPRESS: The City Attorney presented the staff report dated August 14, 1992,
which indicated that the applicant had executed a Density Bonus Agreement for
the multi-unit owner-occupied residential complex at 8701 Walker Street.
Initial misunderstandings and miscommunications between the applicant and the
City led to the sale of unit 9, which was to be maintained as an affordable
unit to an owner who was not qualified pursuant to State law and the City's
agreement. The City's legal remedy to enforce the existing density bonus
agreement was to bring a legal action against the property seeking to enforce
the terms of the agreement. In meeting with the applicant, the concept of
substituting the density bonus agreement set-aside unit for 8701 Walker Street
for the applicant's current project at 8681 Moody Street in the City of
Cypress was presented and the applicant was amenable to the concept as a
settlement of this matter. Consequently, the City Attorney's office has
prepared and the applicant has executed a substitute density bonus agreement.
It was moved by Councilmember Bowman and seconded by Councilmember Age to: 1)
approve the Substitution Density Bonus Agreement for this project, including
the release of density bonus obligation at 8701 Walker Street; and 2)
authorize the Mayor to execute on the City's behalf and the City Clerk to
attest the execution and approval of this 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 DESIGN REVIEW COMMITTEE N0. 92-27, SIX (6) SINGLE-FAMILY
HOMES, 8075-8125 ACACIA STREET, CYPRESS: The Planning Director summarized the
staff report dated August 14, 1992, which represented a request to build six
single-family homes located at 8075-8125 Acacia Street. According to the
requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project. In May 1988, the City Council
approved the subdivision of the subject property under Tentative Tract Map No.
13328. While the property owner recorded the subdivision map, he decided not
to build homes on the site at that time. He is now returning to City Council
with a site plan and architectural elevations to proceed with construction.
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CITY COUNCIL AGENDA August 24, 1992
Mayor Partin mentioned that in the third paragraph, the reference to the
"Southern Pacific Railroad" should be "Pacific Electric."
Councilmember Bowman questioned Condition No. 17, which stated that "An
automatic fire sprinkler system...may be required" and remarked that he
thought they were required. The Public Works Director would check with the
Building Official and the condition will be amended to conform to the
ordinance.
Mr. Sidney Mehrdady, 9849 Flower Street, Bellflower, one of the copartners in
the project, answered questions from the Council on grading, fire sprinkler
system and roofing materials.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
certify the Negative Declaration according to the requirements of the
California Environmental Quality Act and receive and file Design Review
Committee No. 92-27, subject to conditions in Exhibit "A." The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF LANDMARK TREE REMOVA PERMIT NO 92-1 (CYPRESS GOLF CLUB):
The Planning Director presented the staff report dated August 19, 1992, which
represented a request to remove 295 Landmark Trees out of the total 872
Landmark Trees located on the Cypress Golf Course and Clubhouse property
located at 4921 Katella Avenue. Because the subject removal and replacement
permit is consistent with the mitigation measures contained in the Cypress
Business and Professional Center Specific Plan Environmental Impact Report
(EIR), no additional environmental documentation is required. The EIR
specifically states that any tree affected by the project development will be
relocated or replaced in accordance with the City Landmark Tree Replacement
Policy. At completion of the golf course and clubhouse developments, 729
Landmark Trees will be remaining, including the 152 replacement trees. This
number represents a surplus of 67 Landmark Trees, when compared with the 662
Landmark Trees required at the subject site per the Specific Plan.
Mr. Tom Buzbee, representing the applicant, answered questions from the
Council on screening by trees and the need for safety netting. Mr. Buzbee-
believed a tree/netting combination, as mentioned by Councilmember Kerry,
might be a viable option.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
approve Landmark Tree Removal Permit No. 92-1, 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 LANDSCAPE SCREENING FOR CONDITIONAL USE PERMIT NO 91 2 (15
CONDOMINIUM UNITS, 5409-5433 CAMP STREET): The Planning Director reviewed the
staff report dated August 20, 1992, which described an approved Amendment to
Conditional Use Permit No. 9102 for a 15 unit condominium development at 5409-
5433 Camp Street. Complications resulting from a high groundwater level
resulted in an amended project height of 30 feet from the natural grade. In
order to mitigate potential visual impacts on the adjacent single-story
developments, the City Council imposed a condition of approval which required
the applicant to return to Council to present the landscape screening plan.
Staff and the applicant worked together to come up with the revised landscape
plan showing 29, 24-inch box size Cajeput trees, placed 10 feet apart along
the rear perimeter of the subject development. The above-mentioned condition
of approval also required additional landscape screening along the side yard
areas, where necessary.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the Landscape Plan for Amendment to Conditional Use Permit No. 91-
2. Councilmember Kerry stated she was not pleased with the project before, it
is an invasion of privacy because the site elevation will create an impact
upon the neighbors homes. Councilmember Age stated she has consistently voted
no on this project and will continue to do so. The motion carried by the
following roll call vote:
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CITY COUNCIL AGENDA August 24, 1992
AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Partin
NOES: 2 COUNCILMEMBERS: Age and Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF VACANCY ON THE CYPRESS TRAFFIC COMMISSION: Mayor Partin
advised that two applications have been submitted for Council consideration
for the vacancy created when Traffic Commissioner Harold Lindamood filed his
nomination paper for the office of City Council. In response to the Mayor,
the City Manager advised that the two applicants have not been contacted as to
their continued interest in the position.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
select Robert Hawkins to fill the vacant position contingent upon his interest
and availability. 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 DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE
OF CALIFORNIA CITIES' ANNUAL CONFERENCE: Mayor Partin presented the staff
report dated August 19, 1992, which presented a request from Mr. Don
Benninghoven, Executive Director of the League of California Cities, for the
City Council to designate the Voting Delegate and Alternate for the business
meeting to be held on Tuesday, October 13, 1992 at 1:30 p.m. at the Los
Angeles Convention Center. The City Manager commented that the past policy
has been to designate the Mayor and Mayor Pro Tem as the Voting Delegate and
Alternate, respectively.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to designate the Mayor and Mayor Pro Tem as the Voting Delegate and 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
Mayor Partin commented that the Council should attend the Resolutions portion
of the meeting because illegal alien resolution will be heard then and it has
taken almost one year for this resolution to go through the system.
rnnicTnronTrny OF DONATION TO THE CYPRESS POPS ORCHESTRA FOR THE "CONCERT ON
THE GREEN" SCHEDULED FOR SEPTEMBER 12. 1992: Mayor Partin stated that
Councilmember Kerry had requested this item be placed on the agenda.
Councilmember Kerry introduced members of the Cypress POPS Orchestra.
Mr. Carl Eriksen, representing the Board of Directors for the Cypress POPS
Orchestra, remarked that he was here to discuss the performance scheduled for
September 12, 1992 and volunteered to answer any questions from Council. He
mentioned that the musicians that provide the music have agreed to take
reduced salaries for their services in order to continue the performances.
Councilmember Kerry stated that the Pops' audience numbers approximately 1,500
to 2,000 and the Pops group has done a remarkable job funding these
performances.
It was moved by Councilmember Age and seconded by Councilmember Kerry to
approve $1,500 donation to the Cypress Pops Orchestra for their September 12,
1992 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
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 52353 -
~2643: It was moved by Councilmember Bowman and seconded by Councilmember
Nicholson to approve the Warrant List Nos. 52353 through 52643 in the amount
of $771,438.52. The motion unanimously carried by the following roll call
vote:
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CITY COUNCIL AGENDA August 24, 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 Nicholson remarked that the brochures from the opening of the
golf course stated "...situated in the City of Los Alamitos" and it always
comes up along with the race track being located in Los Alamitos. She asked
what the required procedure would be to register the property under the City
of Cypress.
After some discussion, the City Attorney advised that it could be done and
perhaps a letter should be drafted to the Postmaster General.
The City Manager advised that this question has been raised before and the
loss of postal receipts from all of those addresses along Katella would cause
an impact on the salary of the Postmaster in the Los Alamitos area.
The City Attorney advised that the place to start was with the Congressional
representative for Cypress and the Regional Postmaster.
The City Manager advised that this request had been rejected previously at the
Postmaster and Congressional levels.
Councilmember Kerry stated that if the Race Course and Golf Course would
obtain post office boxes with the Cypress address then that mail will not be
going to the Los Alamitos post office.
After further discussion, Council directed the City Attorney to draft a letter
to the Regional Postmaster.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda.
None were presented.
ADJOURNMENT: Mayor Partin adjourned the meeting at 9:45 p.m.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
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C T CLERK OF THE C TY OF CYPRESS
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