Loading...
Minutes 92-09-14 _ 1.. MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 14, 1992 The Regular Meeting of the Cypress City Council was called to order at 5:34 p.m., Monday, September 14, 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 Acting City Manager David Barrett, City Attorney Jerry Patterson and staff members Bacock, Bandurraga, DeCarlo, Donovan, Eynon and Storey. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Ms. Jane Guest, President of the Cypress Chamber of Commerce, 20311 Via Oporo, Yorba Linda, presented a request to the Council for financial aid for the Chamber. Along with her were some of the Chamber Board and the new Executive Director of the Chamber, Sheila Elkin. She also presented the Council with a pamphlet describing the functions of the Chamber, calling attention to the call sheet, explained the restructuring of personnel within the organization, loss of membership and mentioned other items that created some of the need for financial aid. SFie stated that she felt the situation was salvageable and requested the City's support. Councilmember Nicholson stated that this is Item No. 29 on the Agenda and the Chamber had requested that it be brought forward. The City Attorney advised that because the item is listed for the 7:30 p.m. agenda, the Council can listen to the presentation, but can take no action until the 7;30 p.m. meeting. Regarding Item No. 17, Consideration of Conditional Use Permit No. 90-25. Cypress Pointe Senior Community, Mr. Edmund Siebel, representing Hyter Development, reiterated that Hyter Development reserves any rights to reappear before the body to see if it can get some relief from bonding requirements and, perhaps, ultimately the requirement to provide two sets of improvement along Lincoln Avenue and, secondly, to assure the City Council that whatever it decides, Hyter Development will abide with that decision. Councilmember Bowman stated this item was on the Consent Calendar and he wanted to pull that item and discuss it in Closed Session. CONSIDERATION OF REJECTION OF ALL BIDS FOR THE SUPPLY AND INSTALLATION OF PLAY F~UIPMENT AND PROTECTIVE SURFACING IN VARIOUS CITY PARKS, PUBLIC WORKS PROJECT NO. 9213: The Public Works Director presented the staff report dated September 3, 1992, which revealed that four bids were received for the supply and installation of play equipment and protective surfacing in various City Parks. A review of the bid packages submitted indicated that all were found to have substantial deficiencies and were not in conformance with the requirements of the specifications. All of the packages were lacking necessary documents and several of the contractors did not possess the required licenses to perform the work. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson that the City Council, acting as the ex-officio Governing Board of Directors of the Cypress Recreation and Park District: 1) determine the bids for Public Works Project No. 9213 to be substantially not in conformance with the specifications and reject all of the bid received for this project; and 2) authorize Staff to readvertise for sealed bids for Public Works Project No. 9213. 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 FOR THE PAVEMENT REHABILITATION OF PROJECT NO 9110 (HOLDER STREET) AND PROJECT NO 9111 (ORANGEWOOD AVENUE: The Public 1 CITY COUNCIL M?MUTES September 14, 1992 Works Director summarized the staff report dated September 1, 1992, which indicated that 11 bids were received for the pavement rehabilitation of Holder Street and Orangewood Avenue. These projects will be approximately 50% funded with County of Orange Arterial Highway Financing Program (AHFP) funds. It was moved by Councilmember Age and seconded by Councilmember Kerry that the City Council find the lowest responsible bidder to be R.J. Noble Company and award a contract for Public Work Projects No. 9110 and 9111 to R.J. Noble Cow, 15505 E. Lincoln, Orange, CA, in the amount of $150,969.35. Since time is of the essence, (contract must be awarded by September 30, 1992, or we must forfeit AHFP funding), it was recommended that this contract be executed immediately. 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 CONTRACT RENEWAL FOR PRINTING OF CYPRESS CITY NEWS: The .Acting City Manager reviewed the staff report dated September 4, 1992, which described the contract between the City and McCoy Printers, Inc. Due to McCoy's exceptional service during the past year and the concern for cost savings, staff successfully negotiated a contract renewal with McCoy Printers for one additional year with no rate increase. Cost per quarterly publication will remain at $4,248.00. Staff's recommendation to renew a contract with McCoy Printers, Inc. is based on both acceptable service levels and the fact that McCoy was the lowest bidder when the contract was originally awarded in 1991. It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the contract renewal for McCoy Printers, Inc., 6013 Scott Way, Commerce, CA to provide printing services for Cypress City News for the period July 24, 1992 to July 23, 1993, not to exceed $16,992.00 for four issues of an eight page publication. 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 Items No. 17 and 18, Consideration of Extension of Conditional Use Permit No. 90-25, Cypress Pointe Senior Community, 5120 Lincoln Avenue and Consideration of Acceptance of Partial Improvements for Parcel Map No. 88-267, the Southwest Corner of Katella Avenue and Valley Uiew Street (Wayland Investments Company), respectively, be removed from the Consent Calendar. Councilmember Age requested that Item No. 16, Consideration of Design Review Committee No. 92-34, Cypress Golf Club, 4921 Katella Avenue, Cypress also be removed. Councilmember Kerry asked that Item No. 19, Consideration of Extension of Tentative Parcel Map No. 90-263, Divide One Parcel into Four to Construct Four Single-family Homes, 8232 Gay Street be removed from the Consent Calendar. The Acting City Manager noted that in the Recommendation for Item No. 20, Consideration of Refund Received From Senior Meals and Services "appropriate" should be changed to "deposit" and "General Fund" should be changed to "Miscellaneous Revenue Fund 3738-12." It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to approve the Consent Calendar Items No. 4 through 20, with the exception of Items No. 16, 17, 18 and 19. 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 2 CITY COUNCIL MINUTES September 14, 1992 Item No. 4: Consideration of Approval of City Council Minutes of the Regular Meeting of August 24, 1992. Recommendation: That the City Council approve the Minutes of August 24, 1992. Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: Consideration of Proclaiming October 1992, as "United Way Month". Recommendation: That the Mayor and City Council officially proclaim October 1992, as "United Way Month" in the City of Cypress. Item No. 7: Consideration of Proclaiming October 16, 1992, as "World Food Day" and the Month of October 1992, as "Hunger Awareness Month". Recommendation: That the Mayor and City Council officially proclaim October 16, 1992, as "World Food Day" and the month of October 1992, as "Hunger Awareness Month" in the City of Cypress. Item No 8: Consideration of Proclaiming October 1992, as "Escrow Month". Recommendation: That the Mayor and City Council officially proclaim the month of October 1992, as "Escrow Month" in the City of Cypress as requested. Item No. 9: Consideration of Proclaiming the Month of October 1992, as "Independent Living Month". Recommendation: That the Mayor and City Council officially proclaim the month of October 1992, as "Independent Living Month" in the City of Cypress. Item No. 10: Consideration of Proclaiming October 24 - November 1, 1992, as "Red Ribbon Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim October 24 - November 1, 1992, as "Red Ribbon Week" in the City of Cypress. Item No. 11: Consideration of Claim Filed by Maria E. Arias. Recommendation: Receive and file. item No. 12: Consideration of Amendment to National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement. Recommendation: That the City Council: 1) Authorize the Mayor and City Clerk to execute Amendment No. 1 to the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana/San Diego Regions; and 2) Approve the proposed Technical Advisory Committee Bylaws which define the membership and authority of the NPDES TAC, and which will assist in the management and implementation of the NPDES Permit Program. Item No. 13: Consideration of Acceptance of Construction of Sewer Manhole at Civic Center, Public Works Project No. 9233. Recommendation: That the City Council: 1) Accept the work of the Construction of Sewer Manhole at the Civic Center, Public Works Project No. 9233, as being satisfactorily completed in conjunction with the Letter of Guarantee dated August 12, 1992, which guarantees the repair and replacement of the work if found defective, within a period of one year from acceptance; and 2) Approve final payment to LBS Pipeline Contractors, P. 0. Box 1271, Huntington Beach, CA 92647. Item No. 14: Consideration of Amendment to Design Review Committee No. 91-13, Addition of Parking Lot Area and Basketball Court for Ushio America Corporate Headquarters, 10550 Camden Drive, Cypress. Recommendation: That the City Council receive and file Amendment to Design Review Committee No. 91-13, subject to the following conditions: 1) Applicant/developer shall comply with applicable provision of the 1991 Uniform Building, Plumbing, and Mechanical Codes, 1990 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code; 2) A parking lot soil compaction report shall be submitted with the plans for plan 3 i~;i.~ .9 ~ CITY COUNCIL MINUTES September 14, 1992 check; and 3) Applicant/developer shall submit structural calculations for the basketball support structures. Item No. 15: Consideration of Modification of Conditional Use Permit No. 92- 9, Reduction of Onsite Parking for Bethany Manor, 5951 Lakeshore Drive, Cypress. Recommendation: That the City Council determine this change to be minor and consistent with the intent of Section 17.2-7 - Findings of the Conditional Use, thereby allowing the Planning Director to approve this modification. Recreation & Park District Mainers: Item No. 20: Consideration of Refund Received From Senior Meals and Services, Inc. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, formally accept the refund in the amount of $4,376.17 from the Senior Meals and Services, Inc., and deposit $4,.376.17 to the Cypress Recreation and Park District's Miscellaneous Revenue Fund 3738-12. END OF CONSENT CALENDAR Regarding Item No. 16, Consideration of Design Review Committee No. 92-34, Cypress Golf Club, 4921 Katella Avenue, Cypress, Councilmember Age advised that she would abstain on this item because she accepted a gift from the Cypress Golf Club. It was moved by Councilmember Bowman and seconded by Councilmember Kerry that the City Council receive and file Design Review Committee No. 92-34, subject to the conditions stated in Exhibit "A" attached to the staff report. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age With regard to Item No. 17, Consideration of Extension of Conditional Use Permit No. 90-25, Cypress Pointe Senior Community, 5120 Lincoln Avenue, Cypress, Councilmember Bowman requested discussion of this item in Closed Session. On Item 18, Consideration of Acceptance of Partial Improvements for Parcel Map No. 88-267, the Southwest Corner of Katella Avenue and Valley View Street (Wayland Investments Company), he referenced a letter he had received on the sewer pump. The Public Works Director responded that the pump station was not built according to the plan and the City is working with the developer to resolve the problem. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to accept the public improvements for Parcel Map No. 88-267, with the exception of the Orangewood Avenue Sewer Pump Station, as being satisfactorily completed in accordance with the Plans and Specifications. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Item No. 19, Consideration of Extension of Tentative Parcel Map No. 90-263, Divide One Parcel into Four to Construct Four Single-family Homes, 8232 Gay Street, Councilmember Kerry stated she was opposed to the original plan and would vote "no" on the extension. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman that the City Council grant a one (1) year extension for Tentative Parcel Map No. 90-263, to expire on November 13, 1993. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None 4 ~'~-'~f ~V CITY COUNCIL MINUTES September 14, 1992 ORDINANCES (Second Readings & RESOLUTIONS: It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving CUP No. 92-12. RESOLUTION N0. 4105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 92-12 - WITH CONDITIONS (ESTABLISHMENT OF RETAIL DRY CLEANERS WITH ONSITE DRY CLEANING EQUIPMENT, 9111 VALLEY VIEW STREET, SUITE 115, CYPRESS). CLOSED SESSION: Mayor Partin recessed the meeting at 6:10 p.m. to enable the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:45 p.m. with all Councilmembers present. Also present were staff members Bacock, Bandurraga, Barrett, DeCarlo, Donovan, Eynon and Storey. In regard to Item No. 17, it was moved by Councilmember Bowman and seconded by Councilmember Age to approve the final extension of Conditional Use Permit No. 90-25, for a period of ninety (90) days, to expire on November 13, 1992, subject to the addition of the following Condition No. 55, giving the owner the option of posting a cash deposit or bonds: "Prior to issuance of a building permit, the applicant/developer shall dedicate to the City, seven feet (7') of property along the entire street frontage, located on Lincoln Avenue, to attain ultimate right-of-way. In conjunction with the dedication, the applicant/developer shall post either a cash deposit or bonds to fund the required future improvements at the ultimate right-of-way location." 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 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Age. PRESENTATION: Mayor Partin presented a Certificate of Appointment to newly- appointed Traffic Commissioner Robert Hawkins. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda Mayor Partin referenced a communication received from the Cypress Pony/Colt League regarding their recovery from financial losses several years ago. They have been paying off all their debts and paying their bill in full to the City of Cypress. He extended congratulations to Bob Solheim the Finance Recovery Chairman of the Cypress Pony/Colt Baseball and the entire Board. The Mayor announced that the City is now looking for the Cypress family of the year, nomination forms are available from the Recreation and Park District for the second annual Cypress Family of the Year selection. Mr. Gerald Elftman, 4161 Paseo de Oro, Cypress, President of the Cypress High School Band Boosters, reported that as of August 22, 1992, bingo operations were moved to Lexington Junior High, a grand opening was held and everything seems to be progressing well. Councilmember Kerry reported that she attended th,e Cypress Pops Orchestra performance Saturday, September 12 and it appeared to be one of the biggest crowds attending the wonderful program. She thanked Lloyd Arnold for his donation of a new speaker system for the Pops. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. The Acting City Manager summarized the actions taken by the Council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed the discussions held during the Closed Session on authorization of settlement in the case of Blakeman vs. the City of Cypress, a personnel complaint and requested a report for the October 26 meeting, a legal 5 ,~"'f CITY COUNCIL MINUTES September 14, 1992 memo for alternatives regarding the Joong Ang Korean Church, certain code enforcement actions, considered Item 17, extension of CUP 90-25, and a potential conflict of interest. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND DEALER'S LICENSE, ARTHUR L MCINTOSH, JR D B A ALM ACCESSORIES,. ' 9724 DOREEN DRIVE, CYPRESS: Mayor Partin opened the public hearing. The Acting City Manager reviewed the staff report dated September 8, 1992, which indicated an application had been received for a Special Permit to allow the conduct of a secondhand business relating to the repair of handguns at 9724 Doreen Drive, Cypress, submitted by Mr. Arthur L. McIntosh, Jr., D.B.A. ALM Accessories. As of this date, no written communications have been received either in favor or in opposition to this Special Permit application. The Planning Department has approved a Home Occupation Permit for this site, subject to the investigation of the Police Department and the issuance of a secondhand permit. 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. Mr. Barrett read a letter on file in the City Clerk's office, received from Ms. Nancy Sprague, 9742 Rosemary Drive, Cypress, expressing her opposition to the application. Also received on September 11, 1992 was a petition to the City Council, with approximately 80 signatures, registering opposition to the request for the repair of handgun application. Mr. Arthur McIntosh, ALM Accessories, 9724 Doreen Drive, Cypress, explained that the primary purpose of his proposed business was the repair and modification of handguns used for competition target shooting. In addition, he would sell holsters, scopes, scope mounts, side script panels and other shooting accessories. His hobby is competition shooting and the part-time operation of the business is in direct correlation with the hobby. The business would have to comply with all local, State and Federal regulations and failure to do so would result in felony prosecution. He then addressed the concerns expressed by his neighbors. Mr. McIntosh responded to questions from the Council and the Mayor asked if anyone wished to speak in support of the application. Ms. Vivian Montgomery, 9724 Doreen Drive, Cypress, stated that there has never been an accident with the guns, no children harmed, or traffic that would affect the neighborhood adversely. After further discussion between staff the City Council, the City Attorney clarified the differences and requirements for Home Occupation Permits and Special Permits for Secondhand Dealers. Mayor Partin asked if anyone wished to speak in opposition to the application. Mr. Wayne Whitmer, 9677 Kathleen Drive, Cypress, voiced several of his concerns in relation to the proposed secondhand business of repairing handguns and the questionable element it might bring to an unprotected neighborhood. He presented the Council with a copy of his tract's Declaration of Covenants and asked that they be reviewed. Mr. Richard Higgins, 9704 Doreen Drive, Cypress, expressed concern about what would evolve from the granting of the application. Mr. Bernard Wong, 9725 Doreen Drive, Cypress, stated he did not sign the petition opposed to the permit because he wanted to hear the applicant's side of the story. He believed that Mr. McIntosh would do his best to sell firearms to individuals engaged in the competitive target shooting sport; however, he did mention several concerns about granting this permit and would join his neighbors in their opposition. Mr. H. L. Lindamood, 6223 Lawrence Street, Cypress, stated he was a competition shooter and he has several firearms in his house. Three customers 6 -;~i~-~ CITY COUNCIL MINUTES September 14, 1992 a week would be a lot because the service performed is very specialized and the cost is great. No one else spoke in support of or opposition to the application. Mr. McIntosh advised that no unsavory individual will spend $2,800 to $3,800 for a special gun. He assured the Council that his type of operation would not have frequent visitors perhaps only one a month and sales of 12 guns a year. He didn't believe this business would be a threat to the neighborhood. Additional discussion and explanation occurred between the applicant and the Council. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing and deny the permit. Councilmember Bowman stated he understood the concerns of the neighbors. He did not believe that new and used gun sales in residential neighborhoods was an appropriate use and he would like a review of that City Code. Councilmember Kerry commented that her understanding is that the only thing the Council will be denying is the resale of the guns. Everything else that he has been doing, he will be allowed to do. The City Attorney advised that many cities do allow home occupation permits which is a limited form of commercial use that cannot change the character of the neighborhood. Councilmember Age commented that it appeared to be the wrong zoning for this type of use, there are too many concerns expressed by the neighbors and she was not comfortable with the controls in the area. Councilmember Nicholson remarked that it was a difficult decision, the applicant is going to be doing the same thing that he has for the last five years and she felt that this was an inappropriate use for a residence. She would be uncomfortable if it was her next door neighbor and would support the motion. Councilmember Kerry expressed concern about the type of individual that might be coming to the applicant's home to purchase his services. She stated it was the selling of the guns that concerned her the most and she would support the motion. Mayor Partin stated that he could not agree with some of the logic voiced and he would rather see the applicant under the control of permits for the sole protection of the community to give the neighbors a recourse. He would not support the motion. Councilmember Kerry asked the Council to consider amending the motion to deny the application without prejudice. Councilmember Bowman agreed to amend his motion. The City Attorney advised that this is not a land use decision and he found there was nothing that would prevent the applicant from reapplying in less than a year. The original motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson NOES: 1 COUNCILMEMBERS: Partin ABSENT: 0 COUNCILMEMBERS: None Councilmember Kerry suggested that Item 23, CONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 92-13 AND TENTATIVE PARCEL MAP NO 92-202, THREE (3) UNIT CONDOMINIUM DEVELOPMENT, 8622 BELMONT STREET, CYPRESS be deferred to the end of the public hearings so it can be heard in conjunction with Item 33, CONSIDERATION OF CITY POLICY FOR EXACTING ULTIMATE RIGHT-OF-WAY DEDICATIONS AND IMPROVEMENTS, and hearing no objection, the Mayor so ordered. rONSIDERATION OF PUBLIC HEARING RE• VARIANCE NO 92-3, PIGEON COOP TO REMAIN TWO FEET FROM REAR PROPERTY LINE, 6876 MOLOKAI DRIVE, CYPRESS: Mayor Partin declared the public hearing open. The Planning Director summarized the staff report dated August 28, 1992, which represented a request for a variance from Section 9.5.D.2 of the Cypress City Code to allow for the encroachment of a pigeon loft to within two feet (2') of the rear property line at 6876 Molokai Drive. In accordance with the requirements of the California Environmental Quality Act, a Statement of Negative Declaration has been filed for this project. Staff has determined that if the pigeon coop were to be relocated to the required five foot setback, the distance between the coop and 7 x f ~ ~ CITY COUNCIL MINUTES September 14, 1992 an attached patio cover at the subject residence would be approximately four feet. The Zoning Ordinance states the City Council may grant a variance based on a hardship. Notices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. To date, staff has received no objections on this application. Mr. David Nagle, 6876 Molokai Drive, Cypress, stated that the two reasons he is requesting the variance is that if he is required to move the loft, it will place him closer than 20 feet to his neighbor and makes it easier for his birds to land. Mayor Partin asked if anyone wished to speak in support or in opposition to the application. Mr. Robert Wallis, 3420 Fela Avenue, Long Beach, owner of the property at 6877 Leilani Lane, Cypress, which is in back of the Molokai property, stated that the coop can be seen over the back wall. He has a great deal of difficulty with the coop because it devalues his property and to allow the coop to remain next to the block wall really opposed his needs and investment. No one else spoke in support of or in opposition to the application. Responding to Councilmember Kerry, the City Attorney advised that a variance is usually not granted initially there is some concern about it because it is an exception to the zoning law allowing the waiver of a requirement and it is done based on hardship and special conditions. It was moved by Councilmember Age and seconded by Councilmember Bowman to close the public hearing and deny Variance No. 92-3. Councilmember Age stated that she could not find that there would be a hardship created. Councilmember Bowman would support the motion as he has consistently voted against this because it is not an appropriate use in a residential area. Councilmember Kerry stated that until there are some modifications or changes to the coop, it should be left where it is and then move it when those modifications are to be made. Councilmember Nicholson concurred with Councilmember Kerry and would not support the motion. Mr. Nagle stated that within two years the slab for the coop will be poured. Councilmember Kerry suggested the variance be granted for two years and no more. Mayor Partin would support the extension of the location of the coop but would definitely set a cut off date and suggested November 1994. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Age and Bowman NOES: 3 COUNCILMEMBERS: Kerry, Nicholson and Partin ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act and approve Variance No. 92-3, subject to conditions, for period not to extend beyond November, 1994. Councilmember Age stated she would support the motion. 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 RF~F~: Mayor Partin recessed the meeting at 9:55 p.m. and reconvened at 10:05 p.m. with all Councilmembers present. rONSIDERATION OF PUBLIC HEARING RE• RENEWAL OF AMENDMENT TO CONDITIONAL USE PERMIT NO 79-7, PRESCHOOL EXPANSION, 4460 LINCOLN AVENUE, CYPRESS: Mayor Partin opened the public hearing. The Planning Director summarized the staff report dated September 8, 1992, which represented a request for a renewal of a previously approved but expired conditional use permit to expand an existing preschool. The subject property is located at 4460 Lincoln Avenue, in the CH Commercial Heavy Zone. According to the requirements of the California Environmental Quality Act, a previously certified Negative Declaration has been filed for this project. Following City Council approval at the November 13, 1992 meeting, the preschool owner decided not to proceed with the project and recently sold the business. The new owner wished to expand the preschool according to the same plan that was approved and requested a renewal of the previously approved amendment. Notices of this public hearing have been 8 4f , Gi J 'i1 CITY COUNCIL M?NUTES September 14, 1992 published, posted and mailed to all property owners within a 300 foot radius. Staff has received no comments regarding this application. Mr. Mark M. Brazeau, 34462 Via Gomez, Capastrano Beach, representing the landlord, advised that the new owners of the business wish to expand the preschool and volunteered to answer any questions from the Council. The Mayor asked if anyone wished to speak in support of or in opposition to the application. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing, determine that the previously certified Negative Declaration adequately addresses the project according to the requirements of the California Environmental Quality Act and approve the renewal of Amendment to Conditional Use Permit No. 79-7, subject to the original conditions as well additional conditions outlined in the staff 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 rnnicrnro~TION OF PUBLIC HEARING RE' AMENDMENT TO CONDITIONAL USE PERMIT N0. 91=3, GRACE CHURCH 5100 CERRITOS AVENUE. CYPRESS: The public hearing was opened by the Mayor. The staff report dated September 10, 1992 advised that the applicant is requesting this item be continued. It was moved by Councilmember Kerry and seconded by Councilmember Age to continue Amendment to Conditional Use Permit No. 91-3 to the meeting of October 26, 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 (;ONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT N0. 92-14. TWO= STORY DAY CARE FACILITY FOR USE BY PACIFICARE EMPLOYEES, IV/E CORNER OF CAMDEN DRIVE AND CORPORATE AVENUE, CYPRESS: Mayor Partin opened the hearing. The Planning Director presented the City Council with a revised Condition No. 24. Further, staff requested the addition of Condition No. 45, indicating that, "Prior to the issuance of building permits, the final noise analysis shall be completed and its findings implemented under direction of the Planning Department." She then reviewed the staff report dated September 11, 1992, which represented a request to build a two-story, 13,380 square foot day care facility for the use of PacifiCare employees. The subject property is located at the northeast corner of Camden Drive and Corporate Avenue, in the PC-5 Planned Community Business Park Zone. According the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. When reviewing the subject application, staff considered and expanded on several specific issues such as: day care center operations, parking plan, compliance with regional plans and day care center compatibility with Woodfin Suites. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius. To date, staff has only received communication from Woodfin Suites Hotel. Mr. Bill Wood, Vice-President of Community Relations for PacifiCare Health Systems, stated that they hope to resolve the parking and noise issues quickly. Mayor Partin asked if anyone wished to speak in favor of or in opposition of the application. No one wished to speak. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act; and approve Conditional Use Permit No. 92-14, subject to the conditions in Exhibit "A", including the revised Condition No. 24 and added Condition No. 45. The motion unanimously carried by the following roll call vote: 9 1:~3 CITY COUNCIL MINUTES September 14, 1992 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 92-15 CONSTRUCT 9,000 SQ FT CHURCH BUILDING, 5271 LINCOLN AVENUE, CYPRESS: The public hearing was opened by the Mayor. Planning Director Eynon summarized the staff report dated August 31, 1992, representing a request to construct a 9,000 square foot church building located at 5271 Lincoln Avenue in the CH- 10,000 Commercial Heavy Zone. She presented to the Council and read into the record, amended Condition No. 7, adding the following sentence, "The developer shall post a cash deposit or bond with the City for the estimated cost of fu~ure public improvement." Regarding Condition No. 53, "three (3) hour separation" be changed to "two (2) hour separation." In accordance with the California Environmental Quality Act, a Statement of Negative Declaration has been filed for this project. She indicated that this property has two frontages, running from street to street with primary access to the site from Cypress Street. Although there is a church moratorium disallowing churches in all commercial zones, this project previously had a Conditional Use Permit No. 91-11 for the establishment of the church use and as one of the conditions of approval on that permit, they would build within the next three years. Notices of this public hearing were published, posted and mailed to all property owners within 300 feet of the subject property. To date, staff has received no written or verbal communication regarding this matter. Mr. David Pae, architect on the project, 35695 Triesta Way, Yorba Linda, stated that in order to observe the requirements on the previous conditional use permit, the proposed entry had to be located somewhere on the front portion of the property. He asked for Council consideration on his request that Condition No. 14 be amended to include Wednesdays and special occasions. He assured the Council that the congregation will be using the Cypress Street entrance and not the Lincoln Avenue entrance. The church is aware of the highway dedication and they are willing to post a bond for the future improvements. The Church is also willing to install tire damaging devices to . dissuade cars from existing onto Lincoln Avenue. There following discussion on the Lincoln Avenue entrance and Councilmember Bowman remarked that as long as there was a condition that requires review, it would appear to be acceptable. Councilmembers discussed and concurred it would be a burden on the church to not allow them to use that entrance for special services during the week. The Public Works Director mentioned that the church architect had suggested an anti-backflow device and he suggested that be made a condition. Mayor Partin asked if anyone wished to speak in support of the application. Mr. William Dittler, Regional Executive for the Presbyterian Church USA, 811 Reeves Place, Glendale, stated that the Sion Central Church is part of their Korean constituency and they have received financial help from their jurisdictions. Mr. Mike Arrow, 5804 Maxson Drive, Cypress, voiced his support of the Church and presented the Council letters of approval signed by the business neighbors as well as letters signed by the congregation agreeing to the permit conditions. Reverend Ki Duck Lee, Pastor of the Sion Sung Joong Ang Presbyterian Church, 18316 Heather Avenue, Cerritos, speaking through an interpreter, stated that they have received funding for a new church and hopefully the Council will grant this permit. They will honor the conditions placed on them and the petition on not using the front entrance has been signed by members of the congregation. They require the Lincoln entrance for the newcomers, not the current congregation. No one else wished to speak in support of or in opposition to the application. The Planning Director read revised Condition No. 14, "The Lincoln Avenue entrance to the site shall be open on Sundays only during church service hours and on Wednesdays, holidays and for other special services, including weddings and funerals. A traffic control device subject to review and approval of the City Engineer shall be installed with the Lincoln Avenue entrance restricting 10 L.. 1.1.~ .t~! CITY COUNCIL MINUTES September 14, 1992 access onto Lincoln prior to the issuance of the Certificate of Occupancy." Responding to Councilmember Kerry, the Planning Director would provide a condition stating that the one hour rated corridor shall be locked at all times" taking into consideration that it is consistent with Fire Department regulations. It was moved by Councilmember Kerry and seconded by Councilmember Age to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act and approve Conditional Use Permit No. 92-15, subject to conditions listed in Exhibit "A", as amended. Councilmember Bowman asked that there be a condition specifying the distance between the new curb line and the security gate be a minimum of 23 feet. Councilmember Kerry amended her motion to include this condition and Councilmember Age concurred. 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 GONSIDFRATION OF CITY POLICY FOR EXACTING ULTIMATE RIGHT-OF-WAY DEDICATIONS AND IMPROVEMENTS: The Acting City Manager called upon the Public Works Director to review the staff report dated September 4, 1992, which indicated that several private development issues have arisen concerning exacting ultimate street dedications and improvements. It has been determined that the City should continue its policy to exact right-of-way dedications to the ultimate widths specified in the Cypress City Code. It is now being proposed that there be an exception to the above policy involving the annexation area originally known as Cypress Acres. It would be impractical to impose the City's minimum standard local street section of 60 feet of right-of-way in this area. The adoption of this dedication and improvement policy would allow for the most feasible development of the area while utilizing the improvements previously installed while under the County of Orange. Councilmember Kerry mentioned some of the streets proposed for right-of-way dedications and improvements that concerned her. She indicated that she would like to have the west side of Sumner Place left at 30 feet rather than 23 feet. Councilmember Nicholson advised that the Forest Lawn property is higher and dirt runs off onto Sumner Place. Councilmember Kerry mentioned that Belmont west showed 20 feet unimproved and there was no footage typed in under "Ultimate" or "Proposed". The Public Works Director stated that it was 23 feet. She requested that the LaSalle Street proposal be removed from the discussion. The Public Works Director requested that discussion of the LaSalle Street right-of-way dedication north of Grace Avenue be continued and staff will bring a report back to Council. It was moved by Councilmember Age and seconded by Councilmember Nicholson that the City Council adopt a policy confirming that the right-of-way widths, as indicated in Exhibit "B" attached hereto, not including LaSalle Street north of Grace Avenue but including the amendment to Sumner Place, are the most feasible for the annexation area in District 8, known as Cypress Acres; and authorize the City Attorney to draft an ordinance granting administrative authority to the City Engineer to make minor modifications to the minimum right-of-way and roadway requirements contained in Chapter 24 of the Cypress City 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 PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 92-13 AND TENTATIVE PARCEL MAP NO 92-202, THREE (31 UNIT CONDOMINIUM DEVELOPMENT, 8622 BELMONT STREET, CYPRESS: Mayor Partin declared the public hearing open. The Planning Director addressed the staff report dated August 24, 1992, which represented a request to construct three condominium units at 8622 Belmont Street, in the RM-20 Residential Multiple-Family Zone. Additionally, this application included a tentative parcel map request for the creation of air space ownership units. In accordance with the California Environmental 11 CITY COUNCIL MINUTES September 14, 1992 Quality Act, a Statement of Negative Declaration has been filed for this project. The plan illustrates that the units will consist of three two- bedroom units, two of which will also contain family rooms. As part of this application, the applicant is requesting an administrative adjustment for the reduction of the rear yard setback from 10 feet to eight feet. The public hearing notice was mailed to all property owners within a 300 foot radius of the subject property. To date, staff has received no comments regarding the proposed project. She mentioned one minor change in Condition No. 4 wherein Copley/Colony, Inc. was referenced and that reference should be changed to Paragon Cable System. At this point, Councilmember Age moved to continue the Council meeting past the hour of 11:30. The motion was seconded by Councilmember Kerry and hearing no objection, Mayor Partin so ordered. Mr. Engle Shen, 600 W. Main Street, Anaheim, commented that the staff report was complete and thorough and anything he wanted to say has been covered in the report. He stressed the fact that the zoning is for multiple residential, so if they decided to build apartments, they wouldn't have to come before the Council a second time. He wanted to clarify Condition No. 8 as to what the ultimate standard would be for this street. The Public Works Director changed Condition No. 8 to read, "Grace and Belmont Streets shall be dedicated and fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the City's Master Plan of Streets. Belmont and Grace Streets shall have a total right-of-way width of twenty- three feet (23')...." Mayor Partin asked if anyone wished to speak to this item. No one spoke. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act; and approve Conditional Use Permit No. 92-13 in conjunction with Tentative Parcel Map No. 92-202, 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 FINANCIAL ASSISTANCE TO THE CYPRESS CHAMBER OF COMMERCE: The staff report dated September 8, 1992 revealed that this matter was continued from the meeting of August 24, 1992. Mrs. Jane Guest, President of the Cypress Chamber of Commerce, was in attendance to address the Council. Mrs. Guest stated they were before the Council for consideration of financial assistance in the operation of the Chamber. As discussed, the Chamber had undergone some management changes and they are in need of funds to sustain the organization and to continue operations. She introduced the new Executive Director, Sheila Elkin. Mayor Partin asked if the Chamber would be receptive to a loan from the City with a repayment schedule. Mrs. Guest stated that she would have to take any proposal back to the Chamber Board of Directors and they needed whatever financial assistance the City could provide. She hoped that any financial assistance would not be an ongoing thing and the Chamber would become totally self-sufficient. ~ti Mayor Partin suggested an up front loan of $15,000 to be repaid to the City in a two year time span commencing three to six months from now. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to grant a $15,000 no interest loan to the Cypress Chamber of Commerce, payable in two years or sooner, with progress reports every six months. Councilmember Nicholson stated that, upon the City Attorney's advice, she would abstain on the voting because she is a member of the Chamber Board of Directors. The motion carried by the following roll call vote: 12 ~J CITY COUNCIL MINUTES September 14, 1992 AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Nicholson The Finance Director indicated he could provide the funds to the Chamber by the end of the week. CONSIDERATION OF DISCUSSION OF ORDINANCE RELATING TO CAMPING AND STORAGE OF PERSONAI PROPERTY IN THE STREETS AND OTHER PUBLIC AREAS: Mayor Partin stated that since the time he had requested this item be put on the Agenda, this type of ordinance has created problems in several cities. The Acting City Manager referred to the Planning Department's memo addressing some of the issues, including 'the Public/Semi-Public zone which could require a vote of the people. He then read the memo to the Council. The City Attorney advised that several cities have adopted ordinances and about eight of them are being challenged at this time. Since the City does not currently have an existing problem, he suggested that Council might wish to wait and see how the challenges are resolved. An ordinance could then be drafted and brought back at a later date if Council wishes to pursue this matter. Mayor Partin commented that he is willing to wait but when the City has been confronted with the problem, it might be better to defend their position if an ordinance has already been passed. Councilmember Nicholson urged the Council to wait until the outcome of the various challenges is determined. Councilmember Bowman remarked that the City Attorney research the PS zoning as it would relate to an ordinance. With the Councilmembers concurrence, the City Attorney will research the PS zoning, the use of existing State law by reference and monitor the court challenges to the local ordinances. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None rONSIDERATION OF CITY COUNCIL POLICY DETERMINATION REGARDING INTERIOR GARAGE DIMENSIONS: The Acting City Manager asked the Planning Director to present the staff report dated September 2, 1992, which indicated staff was to encourage developers to provide garages instead of carports whenever possible for all new multiple-family developments. It was mentioned that a reduction in width down to nineteen feet would be acceptable where warranted. As a result of this meeting, staff has received a request for the reduction of the interior garage width of an existing single-family residence from 20 feet down to 19 feet. Staff is requesting direction from Council as to acceptable interior garage width dimensions. Councilmember Nicholson stated that she had brought this issue forward as she was concerned about multi-family residences and not single family, which should be kept at 20 foot interior dimensions. Councilmember Kerry concurred. At the direction of the Council, interior garage dimensions for new and existing single family developments will remain at 20 feet and multi-family developments will be 19 feet. rONSIDERATION OF RESOLUTION URGING FEDERAL ACTION TO MITIGATE THE COSTS TO CALIFORNIA STATE AND LOCAL GOVERNMENTS STEMMING FROM THE AEROSPACE DECISION: The Acting City Manager summarized the staff report dated September 9, 1992, which described a court decision requiring reimbursement by the State and local jurisdictions to aerospace firms who paid sales and use tax on overhead expenditures for Federal projects. That amount is then to be passed onto the Federal government. Initial estimates of total costs to the State and local jurisdictions for claims is $1 billion. A Resolution was considered by the Orange County League of Cities at its meeting of September 10, 1992, urging President Bush and other Federal officials to recognize the severe economic hardship to the people of California created by the aerospace refund and to take appropriate actions to forgive or mitigate the costs to the State and local governments. Attached is a communication from the Deputy City Manager of Newport Beach requesting the City Council adopt a resolution similar to the League's. 13 CITY COUNCIL MINUTES September 14, 1992 It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, urging Federal action to mitigate the costs to California. RESOLUTION NO. 4106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, URGING FEDERAL ACTION TO MITIGATE THE COSTS TO CALIFORNIA STATE AND LOCAL GOVERNMENTS STEMMING FROM THE AEROSPACE DECISION. . 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 C(INST~FRATT(lN OF COOPERATIVE USE OF OPEN SPACE AT CYPRESS COLLEGE: Councilmember Kerry requested that this matter be placed on the agenda and, due to the lateness of the hour, she suggested this item be continued. The Planning Director advised that there would be a General Plan Workshop on October 26, 1992. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to continue this item to the October 26, 1992 meeting. 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 C(INST~FRATT~N OF FIRE SERVICES TASK FORCE - CONSIDERATION OF MEMBERS: The staff report dated September 9, 1992 indicated that the City Council determined that the Fire Services Task Force was to continue with five members. Council wanted to first consider any interested, existing task force members who were: Albert Berg, Brian Sunley, William Fifield, Verna Dodson, Gary Biggerstaff, Richard Anderson and Raymond Wozniak. Councilmember Age mentioned that Harold Lindamood resigned from the Traffic Commission because he was running for City Councilmember and, therefore, it would be proper to remove Raymond Wozniak as a candidate for the same reason. It was moved by Councilmember Bowman and seconded by Councilmember Age to appoint Albert Berg, Brian Sunley, William Fifield, Gary Biggerstaff and Richard Anderson to serve as members and Verna Dodson to serve as the alternate on the revised Fire Services Task Force. The motion was 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. 52646 - 52903: It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the Warrants No. 52646 through 52903 in the amount of $807,230.16. 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 12:03 to allow the Council to convene as the Cypress Redevelopment Agency. The meeting reconvened at 12:40 a.m. with all Councilmembers present. 14 CITY COUNCIL MINUTES September 14, 1992 ADJOURNMENT: Mayor Partin adjourned the meeting at 12:40 a.m. to September 21, 1992 at 5:00 p.m. in the Administrative Conference Room, West Wing, Cypress City Hall, 5275 Orange Avenue. - c~.i( MAYOR OF THE CITY OF CYPRESS ATTEST: / ~ CITY CLERK F THE ITY OF CYPRESS ~r