Minutes 92-10--26 /
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 26, 1992
The Regular Meeting of the Cypress City Council was called to order at 4:36
p.m., Monday, October 26, 1992, in the Administrative Conference Room, City
Hall, West Wing, 5275 Orange Avenue, Mayor Pro Tem Cecilia L. Age presiding
PRESENT: Councilmembers Age, Bowman, Kerry and Nicholson
ABSENT: Mayor Partin
Also present were City Manager/City Clerk Darrell Essex, City Attorneys Jerry
Patterson and John Cavanaugh and staff members Donovan, Eynon and Storey.
CLOSED SESSION:
Mayor Pro Tem Age immediately requested a Closed Session to discuss the Wicker
Drive properties and personnel issues.
RECESS: The Mayor Pro Tem recessed the meeting at 5:25 p.m. to enable the
Council to reconvene in the Council Chamber. The meeting commenced at 5:35
p.m. with all Councilmembers present, except Mayor Partin. Also present were
City Manager/City Clerk Darrell Essex, Acting City Attorney John Cavanaugh and
staff members Barrett, Bacock, DeCarlo, Donovan, Eynon, Storey and Wicker.
ORAL COMMUNICATIONS: For matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH MOHLE, GROVER
& .a.SSnr.rATFS FOR TRAFFIC SIGNAL DESIGN, CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES, CITY OF CYPRESS PROJECT N0. 9149: The City Manager introduced the
staff report dated October 13, 1992, which requested an addition to the
consulting work already performed by Mohle, Grover & Associates for the design
and construction management and inspection services for the installation of
left turn phasing at four existing signals. The three additional traffic
signal projects are the installation of left turn phasing at the intersections
of Lincoln Avenue and Moody Street, Orange Avenue and Holder Street and the
installation of a new traffic signal at the intersection of Moody Street/Myra
Avenue. The negotiated cost for performing these additional services was for
a not-to-exceed fee of $17,810.00.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve Amendment No. 1 to Consultant Services Agreement for Traffic Signal
Design, Construction Management and Inspection Services with Mohle, Grover &
Associates, 901 E. Imperial Hwy, Suite A, La Habra, CA 90631, for an
additional contract amount not to exceed $17,810.00. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
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 Nicholson asked that Item No. 9, Consideration of Claim Filed by
Duane William Smith be removed. Mayor Pro Tem Age requested that Item No. 16,
Consideration of Approval of the Design, Plans and Specifications for Asbestos
Abatement at the Cypress City Hall, Public Works Project No. 9211 be pulled
and Councilmember Kerry wished Item No. 21, Consideration of Preliminary Cost
Estimates for New Senior Center Furniture and Equipment be removed. It was
moved by Councilmember Nicholson and seconded by Councilmember Kerry to
approve the Consent Calendar Items No. 2 through 21, with the exception of
Items No. 9, 16 and 21. The motion unanimously carried by the following roll
call vote:
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CITY COUNCIL MINUTES October 26, 1992
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
Item No. 2: Motion to Approve City Council Minutes of the Adjourned Regular
Meeting of September 21, 1992 and the Regular Meeting of September 28, 1992.
Recommendation: That the City Council approve the Minutes of September 21,
1992 and September 28, 1992, as submitted.
Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 4: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Dalbir and Jabar Jang Singh, D.B.A. Cypress Discount Store,
4982 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 5: Consideration of Claim Filed by Sharon J. Clark.
Recommendation: Receive and file.
Item No. 6: Consideration o'f Adoption of Resolution of Commendation for Eagle
Scout Andrew David Testa.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Eagle Scout Andrew David Testa.
RESOLUTION NO. 4115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT ANDREW DAVID TESTA ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No. 7: Consideration of Employment Lists for the Positions of
Maintenance Specialist - Street Maintenance, Maintenance Worker I
(Promotional), and Senior Account Clerk (Promotional).
Recommendation: Receive and file.
Item No. 8: Consideration of Monthly Investment Program for the Month of
September 1992.
Recommendation: Receive and file.
Item No. 10: Consideration of Proclaiming November 22 - 29, 1992, as "Bible
Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim November
22 - 29, 1992, as "Bible Week" in the City of Cypress as requested.
Item No. 11: Reconsideration of Claim Filed by State Farm Insurance for Their
Insured, Donald Brooks/Kumari Turner.
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. 12: Consideration of Proclaiming November 1 - 8, 1992, as "Flu
Awareness and Prevention Week" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim November
1 - 8, 1992, as "Flu Awareness and Prevention Week" in the City of Cypress.
Item No. 13: Consideration of Final Audit Report of the Cypress Civic Center
Corporation for the Period Ended March 31, 1992.
Recommendation: Receive and file.
Item No. 14: Consideration of Request for Appropriation of Funds for
Completion of a Traffic Signal Upgrade and Street Rehabilitation Work to be
Done in Conjunction With the City of Los Alamitos on Cerritos Avenue.
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CITY COUNCIL MINUTES October 26, 1992
Recommendation: That the City Council: 1) Approve the appropriation of
$3,500 from the fund balance of Measure M Gas Tax Fund to Account No. 4186-39-
433-22; 2) Authorize the expenditures of $3,500 for the traffic signal at
Cerritos Avenue and Bloomfield Street and $4,930 for pavement rehabilitation
on Cerritos Avenue, 3) Direct the City Attorney to prepare an agreement for
this work; and 4) Authorize the Mayor to execute said agreement.
.Item No. 15: Consideration of Extension of Tentative Tract Map No. 14365,
8212 Gay Street, Cypress.
Recommendation: That the City Council approve the extension of Tentative
Tract Map No. 14365 for a period of one (1) year, to expire on October 29,
1993.
Item No. 17: Consideration of Design Review Committee's Approval of DRC #92-
33, #92-36, #92-38, and #92-39.
Recommendation: Receive and file.
Item No. 18: Consideration of an Application for an Original Alcoholic
Beverage License Filed by Cheris Lee & Stephen William McFarland, D.B.A.
Buckboard Brands, 10205 Valley View Street, Cypress.
Recommendation: Receive and file.
Item No. 19: Consideration of a Resolution Urging Legislation to Protect
Cities From Unfair Superfund Liability.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, urging legislation which protects cities from unfair
Superfund liability.
RESOLUTION N0. 4116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING
LEGISLATION TO PROTECT CITIES FROM UNFAIR SUPERFUND LIABILITY.
Item No. 20: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Chaitanyakumar, Nina, Sunitaben, and Vasudev Desai, and Arun
& Sumitra Patel, D.B.A. Sunshine Liquor, 6928-32 Katella Avenue, Cypress.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
Regarding Consideration of Claim Filed by Duane William Smith, Councilmember
Nicholson asked to discuss this item in Closed Session and hearing no
objection, Mayor Pro Tem Age so ordered.
In regard to Consideration of Approval of the Design, Plans and Specifications
for Asbestos Abatement at the Cypress City Hall, Public Works Project No.
9211, the City Manager responded to the Mayor Pro Tem and advised that the
asbestos removal would be from the hallway of the City Hall only. The Public
Works Director stated that the work will be done on the weekend.
It was moved by Mayor Pro Tem Age and seconded by Councilmember Nicholson to
approve the design, plans and specifications for Asbestos Abatement at Cypress
City Hall, Public Works Project No. 9211. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
Regarding Item No. 21, Consideration of Preliminary Cost Estimates for New
Senior Center Furniture and Equipment, the Recreation and Park Director
responded to Councilmember Kerry's request for clarification on the kind of
furniture that will be purchased for the new Senior Center and the uses for
the old furniture.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson
that the City Council, acting as the ex officio governing Board of Directors
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CITY COUNCIL MINUTES October 26, 1992
of the Cypress Recreation and Park District, receive and file the report. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CLOSED SESSION: At 5:46 p.m., Mayor Pro Tem Age recessed the meeting to allow
the Council to enter into Closed Session to discuss matters of Property
Acquisition, Litigation and Personnel. The meeting reconvened at 7:35 p.m.
with all Councilmembers present, except Mayor Partin. Also present were the
City Manager/City Clerk Darrell Essex, the Acting City Attorney, John
Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey
and Wicker.
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman.
PRESENTATIONS:
Mayor Pro Tem Age read the names of the newly-appointed Youth Commissioners
Deena Dorion, Denise Immer, Julie Oh, Julia Tai, Michael Woo and Gordon
Woodington and their Certificates of Appointment will be mailed.
Ms. Pat Rives, representing Moreland & Associates, presented to Richard
Storey, Finance Director for the City of Cypress, the Government Finance
Officers Association's Certificate of Achievement for Excellence in Financial
Reporting and an Award of Financial Reporting Achievement Certificate for the
seventh consecutive year.
Representatives Cynthia Bond, Jeanne St. Clair and Pat Ochoa from the Buena
Park-Cypress-La Palma Board of Realtors presented a $4,000 check to Chief
Wicker of the Cypress Police Department for the D.A.R.E. program. The Chief
thanked the Board for their generous donation.
Mayor Pro Tem Age thanked the Soroptimists for tying red ribbons on the trees
on Valley View Street and other major thoroughfares in Cypress.
The City Manager mentioned that the Council met at 4:30 in Closed Session and
he summarized those actions taken by the Council during the 5:30 p.m. portion
of the meeting.
The Acting City Attorney reviewed discussions held during the 4:30 p.m. Closed
Session on property negotiations and acquisitions and personnel appointments.
At the Closed Session held during the 5:30 p.m. portion of the Agenda, three
items involving personnel matters regarding working conditions and
negotiations and two other items of threatened litigation were discussed.
The City Manager advised that the D.A.R.E. banner around the front of the City
Hall was donated by the Kiwanis Club of Cypress.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mr. Bob
Sundwall, 5486 Vista Sierra, Cypress, remarked that the State is not prepared
for any major disaster and motor homes could be of help in an emergency. He
stated that the Neighborhood Watch Program has not had any meetings. Chief
Wicker advised that the Neighborhood Watch Program needs attention in terms of
neighborhoods in action as well as participation by the neighbors. The Police
Department is seeking volunteers for neighborhood watch and disaster
preparedness.
Mayor Pro Tem Age suggested that a reminder be placed in an issue of the
City's Newsletter asking for volunteers.
Mr. David Nagle, 6876 Molokai Drive, Cypress, stated that he received a letter
from the Building Department advising that his. pigeon coop does not meet
building codes. The Public Works .Director commented that Mr. Nagle had
applied for a building permit, it was inspected and found that the coop falls
under the requirements of the building code because of its size. The
applicant is being asked for conform to the code. Mayor Pro Tem Age suggested
that this item be placed on the November 9, 1992 agenda, if possible.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished to speak.
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CITY COUNCIL MINUTES October 26, 1992
Regarding Item No. 9 from the Consent Calendar, Consideration of Claim Filed
by Duane William Smith, it was moved by Councilmember Nicholson and seconded
by Councilmember Kerry to officially reject the subject claim and refer it to
the City's Claims Administrator, Carl Warren & Co., for appropriate
dispbsition. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
9RDINANCE N0. 92-4, SECTION 15 - SIGNS: Mayor Pro Tem Age opened the public
hearing and referred to the staff report dated October 20, 1992, which
requested a continuation to December 14, 1992. Councilmember Kerry suggested
that this item be continued to the first meeting in January.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this item to January 11, 1993. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT N0. 91-3, CHANGE LOCATION OF WALKER STREET ACCESS DRIVE FOR GRACE
CHURCH, 5100 CERRITOS AVENUE: The public hearing was opened by Mayor Pro Tem
Age. The Planning Director introduced the staff report dated October 19,
1992, which was continued from the September 14, 1992 meeting. The
application represented a request to allow a previously approved church
development,. located at 5100 Cerritos Avenue within the PS Public and Semi-
public Zone, to change the location of one of the access drives. The
previously approved shared access was an existing driveway (also used by the
Los Alamitos Race Track) located on the west side of Walker Street, between
Cerritos Avenue and Ball Road. The proposed new access drive will be located
just north of the previously approved location on Walker Street, and will be
shared with two other adjacent parcels. In accordance with the California
Environmental Quality Act, a Negative Declaration will be filed for this
project. Grace Church was approved as a Conditional Use Permit and they are
making the request. Due to the inability of Grace Church to reach an
agreement with the First Church of the Nazarene to take their access at the
subject location, staff cannot support Grace Church's request to construct and
use this access drive at this time. However, after discussing possible
alternatives, staff recommends amending Conditional Use Permit No. 91-3 by
adding a condition of approval regarding future access at the proposed
location. The applicant and staff agree on this alternative proposal.
Mr. Bob Kingsbury, 4117 Avenida Sevilla, Cypress, stated he was in full
agreement with staff's recommendation. He called attention to Attachment "B"
and stated that Grace B will not have joint access with the racetrack.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to close the public hearing, certify the Negative Declaration in accordance
with the California Environmental Quality Act and approve amendment to
Conditional Use Permit No. 91-3, subject to the addition of Condition No. 75.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
('ONSIDERATION OF PUBLIC HEARING RE• CONDITIONAL USE PERMIT NO 92-16, ONSITE
SALE OF BEER AND WINE,. SUPER MEX RESTAURANT, 6830 KATELLA AVENUE: The public
hearing was opened by Mayor Pro Tem Age. The Planning Director presented the
staff report dated October 19, 1992, which represented a request to operate a
full service Mexican restaurant with the onsite sale of beer and wine. The
subject business is located at 6830 Katella Avenue, in the Cypress Plaza
shopping center. According to the requirements of the California
Environmental Quality Act, this project included only tenant improvements and
is considered to be Exempt, Class 1. The proposed restaurant with the onsite
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CITY COUNCIL MINUTES October 26, 1992
sale of beer and wine is consistent and compatible with the intent of the
Cypress Plaza shopping center. Notices of this public hearing were published,
posted and mailed to all property owners within a 300 foot radius. Staff has
received no comments on this project.
Mr. Mark Aguilar, 8571 Wave Circle, Huntington Beach, volunteered to answer
questions from Council.
Councilmember Kerry requested that the hours of operation and that the sale of
` beer and wine is only to compliment the meal be included in the Conditional of
Approval. The applicant had no objections to their inclusion.
Mayor Pro Tem Age asked if anyone wished to speak in support of or in
opposition to the application. No one spoke.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing and approve Conditional Use Permit No. 92-16, subject
to conditions in Exhibit "A". The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO 92-5~ ROOF MOUNTED AIR
CONDITIONING/HEATING MECHANICAL EQUIPMENT, 10454 SARATOGA STREET: The Mayor
Pro Tem declared the public hearing open. The Planning Director summarized
the staff report dated October 14, 1992, which represented a request for a
variance from Section 9.3.A. of the City of Cypress Zoning Ordinance to allow
an existing air conditioning/heating unit, mounted on the roof of a single-
family home. The subject property is located at 10454 Saratoga. In
accordance with the California Environmental Quality Act, a Categorical
Exemption, Class 3, will be filed for the proposed project. The existing air
conditioning/heating unit at the subject site was installed by a contractor,
hired by the previous owner, without obtaining all of the necessary permits
required by the City. Notices of this public hearing were posted, published
and mailed to the property owners within a 300-foot radius of the subject
property. To date, staff has not received comments regarding this matter.
Mr. George Ewell, 10454 Saratoga Street, Cypress, the applicant, was present
to respond to questions from Council.
No one wished to speak in favor of or against the application.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
close the public hearing and approve Variance No. 92-5, subject to two
conditions. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF PUBLIC HEARING RE• VARIANC NO 92-6, REDUCTION OF MINIMUM
REQUIRED PARKING FOR A DAY CARE CENTER, NORTHEAST CORNER OF CAMDEN DRIVE AND
CORPORATE AVENUE: Mayor Pro Tem Age opened the public hearing. Chris Eynon,
the Planning Director, reviewed the staff report dated October 19, 1992, which
represented a request for a variance from the Cypress Zoning Ordinance to
allow the reduction of eight of the minimum required 31 parking spaces for a
day care facility. The subject property is located at the northeast corner of
Camden Drive and Corporate Avenue in Cypress Pointe. According to the
requirements of the California Environmental Quality Act, a Negative
Declaration will be filed for this project. This project was approved on
September 14, 1992. However, approval was conditioned upon the resolution of
satisfying the minimum parking requirements within 120 days through one of two
options. The first option was to enter into a joint parking agreement with an
adjacent property owner and the second option was to apply for and be granted,
a variance to allow offsite parking.
Notices of this public hearing were published, posted and mailed to all
property owners within a 300 foot radius. To date, staff has received no
communication on this application.
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CITY COUNCIL MINUTES October 26, 1992
Mr. Bill Wood, Vice President of Community Relations for PacifiCare Health
Systems, expressed his appreciation for staff's work in helping them obtain
the variance and asked for Council approval.
Mayor Pro Tem Age asked if anyone wished to speak in support of or in
opposition to the application. No one spoke.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
close the public hearing, certify the Negative Declaration according to the
requirements of the California Environmental Quality Act and approve Variance
No. 92-6, subject to conditions. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
Responding to Councilmember Bowman, the Planning Director answered that staff
had begun the study on the possibility of changing the required parking for
day care operations.
CONTINUATION OF CONSIDF'RATION OF AN ORDINANCE REraRnTNr ON-STREET PARKING OF
LARGE VEHICLES AND IMPLEMENTING THE PARKING PERMIT SYSTEM: The Acting City
Attorney referred to the staff report dated October 21, 1992 and the proposed
Ordinance relating to overnight parking of oversized vehicles. He reviewed
the changes that had been made from the previously proposed ordinance. Police
Chief Wicker stated that the proposed ordinance does meet the criteria stated
by the Council at previous meetings in terms of grace period, length, width
and height of oversized vehicles.
Councilmember Kerry requested that paragraph 16-73(b)(1) be deleted and
suggested changing the wording in paragraph 16-73.1(d)(3) to encompass
oversized vehicles used as the sole or primary mode of transportation for work
into the permit system.
Responding to Councilmember Bowman, Chief Wicker replied that there is
currently no ordinance that covers recreational vehicles parking with the
exception of the ordinance that covers parking of any vehicle for an excess of
72 hours in one spot. Councilmember Bowman suggested that the height and
length also be included in paragraph 16-73.1(b) and the Acting City Attorney
advised those numbers would be inserted. In paragraph 16.73.1(d)(2),
Councilmember Bowman suggested that a newly purchased RV by a longtime
resident should be given the same courtesy as a new resident and Councilmember
Kerry concurred.
There was a discussion of street widths, painted traffic lanes, and fees for
permits.
Mrs. Ellen Kippel, 11664 Blackmer Street, Cypress, voiced her approval of the
proposed ordinance, it was very fair and asked the City Council for their
approval.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, stated he agreed with the
ordinance and there has to be something to eliminate the parking of oversized
vehicles on residential streets.
Mr. Al Berg, Cypress, noted an apparent inconsistency in the ordinance between
Section 16-73.1(c)(1) and Section 16-73.1(a) and asked for an explanation. He
stated there was already the 72 hour ordinance to take care of this type of
problem. '
Mr. Ralph Zoerlein, 5754 Apia Drive, Cypress, suggested that the 48 hours be
changed to a longer time and recommended seven days in Section 16-73.1(c)(2).
In Section 16-73.1(e)(3), he recommended that the distance criteria be amended
from "14 feet" to "12 feet."
Mr. Vern Draper, 9313 Vista Mesa, Cypress, commented that he has contacted
many Cypress residents who have large vehicles. Those residents are confused
and concerned that the City has not kept them up to date with a collection of
opinions, statistical information and the rationale supporting this arbitrary
change. He asked what the issues were and the statistical analysis that
supports the proposed ordinance. He urged the Council not to make a decision
until all the questions had been answered.
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CITY COUNCIL MINUTES October 26, 1992
Mr. Dan Gomez, 9332 Vista Bonita, Cypress, concurred with the previous speaker
and he wondered about the dimensions of the problem. He reiterated that there
is a provision already on the books for action should recreational vehicles be
a nuisance.
Mr. Ed Giroud, 11462 Shippigan Way, Cypress, asked how many documented
complaints the Council has received for this ordinance to be established.
This problem all started with a neighborhood dispute and he didn't know why
this was being continued. If the majority of the residents want the
ordinance, then they should go out and get the necessary signatures to put it
on the ballot and that will resolve the problem.
Mr. Reg Rychliski, 10416 Beaver Circle, Cypress, stated that RV owners pay
tremendous taxes on their RVs, are taxed heavily to live in Cypress and the
storage lot fees are going to skyrocket. It appears that RV owners are being
penalized for owning RVs.
Ms. Susan Mercier, 6131 Canterbury Drive, Cypress, asked why the dispute
between neighbors has come this far and elevated this issue to become an
ordinance. She keeps her RV in storage and advised that 48 hours is not
sufficient time to ready the RV for a trip. There appears to be a lot of
problems with this ordinance and the Council should take another look at what
the ordinance is saying.
In response to Mayor Pro Tem Age's request, the City Manager explained the
public hearing process is for the benefit of the audience. He explained that
this issue has been studied extensively and discussions and public hearings
have taken place for some time.
After question and answer discussions by Councilmembers and staff, the Acting
City Attorney mentioned the apparent inconsistency between the 2 to 4 a.m. no
parking and the 48 hour limitation. The language provides the prohibitions
and then addresses the exceptions (48 hours for purposes of loading and
unloading) to the prohibitions. The Police Chief stated that the previous
ordinance discussed 40 foot streets, with the 14 foot lane line. The
revisions to the ordinance are now 36 feet and reduction to 12 feet lane line
would be appropriate and, with Council consensus, the ordinance was changed.
Councilmember Kerry commented that the Council has received many complaints
and concerns, it is a very sensitive ordinance and storing vehicles on the
streets is not allowed. Councilmember Bowman remarked that there was a
significant amount of data available on neighbor complaints, this issue has
been discussed for quite awhile and the consensus is that the community wants
an ordinance.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to approve the first reading of the Ordinance by title only, title as follows,
relating to overnight parking of oversized vehicles. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
RECESS: Mayor Pro Tem Age recessed the meeting at 9:20 and reconvened at 9:30
p.m. with all Councilmembers present, except Mayor Partin.
The Acting City Attorney mentioned that the first reading would have to be
held again because of the amendments to the proposed ordinance and he then
reviewed the changes. Council directed the Acting City Attorney to eliminate
the language in Section 16-73(b)(1); add the height and length dimensions to
Section 16-73.1(b); include new purchases of RVs to Section 16-73.1(d)(2);
change the existing language in 16-73.1(d)(3) to "is used as a sole or primary
basis"; and change the dimensions in 16-73.1(e)(3) from "14 feet" to read "12
feet."
CONTINUATION OF CONSIDERATION OF CONTRIBUTIONS TO COMMUNITY ORGANIZATIONS:
Mayor Pro Tem Age referred to the staff report dated October 21, 1992, which
requested Council direction as to when this issue should be reconsidered.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
continue this item to the Council meeting of November 9, 1992.
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CITY COUNCIL MINUTES October 26, 1992
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
The City Manager stated that all the organizations that have made inquiries
will be noticed that this issue will be on the next Agenda.
CONSIDERATION OF DESIGN REVIEW COMMITTE NO 92-37, APPEAL OF DESIGN REVIEW
COMMITTEE N0. 92-37, DEr.ISION DENYING A REDUCTION IN THE INTERIOR GARAGE
WIDTH, 4821 NEWMAN STREET: The City Manager requested that the Planning
Director present the staff report dated October 12, 1992, which described an
application submitted to appeal the Design Review Committee's decision for the
reduction of the interior garage dimension from an existing 19'8" down to
19'2" in width. At this time, the applicant, Mr. Cecil Black, is appealing
the Design Review Committee decision to permit the reduction of the width of
the garage in order to allow room for the applicant's motor home to be moved
into the rear yard area. Based on Council's recent determination for minimum
interior garage widths, the Design Review Committee denied this request for a
six inch reduction. At this time, staff is requesting direction from Council
as to exceptions, if any, to the previous determination.
Mary and Cecil Black, 4821 Newman Street, Cypress, stated that they needed the
six inches off the width of their garage to be able to park their motor home
in their backyard.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve Design Review Committee No. 92-37 for the reduction in garage width
down to nineteen feet two inches (19'2") subject to conditions. Councilmember
Kerry stated that this is an unusual request and she would not like to see it
become policy. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF SEPTEMBER REPORT ON THE CYPRESS SENIOR CITIZENS CENTER}
PUBLIC WORKS PROJECT N0. 9033, CONTRACT CHANGE ORDER NO 5 AND CONTRACT CHANGE
ORDER N0. 6: The Public Works Director presented the staff report dated
October 1, 1992, which indicated that during the month of September, Contract
Change Order No. 5 was executed in an amount of $14,617 or 9.96% of the
original contract amount. Items included in this order were for additional
soil stabilization, chain link fence, furring around a drain pipe in the
interior of the building and an upgrade of carpet. Change Order No. 6 is for
the relocation/installation of afire line and hydrant required by the Fire
Department, additional conduit for a sound system, storm drain modification,
additional wheelchair ramps and sidewalks to meet ADA requirements, air
conditioning duct modifications and one additional door in the amount of
$29,118 or 11.98% of the original contract.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve Contract Change Order No. 6, authorizing the expenditure of $39,118
for this work and receive and file the report. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF POLICE DEPARTMENT STAFFING: Councilmember Nicholson ~ ;
requested that the City Council discuss the issue of Police Department
staffing and she suggested that this item be continued until the budget is
reviewed.
Councilmember Kerry stated that Council has allocated 53 Police Officer
positions and encouraged recruitment to fill the vacant positions that have
been allocated.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
continue this item to the January 11, 1993 meeting. The motion unanimously
carried by the following roll call vote:
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CITY COUNCIL MINUTES October 26, 1992
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF POLICE DISPATCHER, OVERFILL POSITION: The Police Chief
reviewed the staff report dated October 15, 1992, which identified a needed to
create an "overfill" position for Police Dispatcher. Data reflects an annual
vacancy rate average of one Dispatcher over a five year period. Nine
positions for Police Dispatcher are authorized, one Dispatcher vacancy
represents 11.11% of the allocated human resources for that unit.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
that the "overfill" policy of one Dispatcher position for the Police
Department be approved consistent with existing overfill policy for sworn
police personnel. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF CABLECASTING CYPRESS CITY COUNCIL ME TINES TO PARAGON CABLE
SYSTEM SUBSCRIBERS: The Assistant City Manager presented the staff report
dated October 20, 1992, which described how the City Council meetings will be
cablecast to subscribers in the formerly annexed county areas, which are
served by Paragon Cable. Staff intends to have a newsletter article to advise
the public in addition to press releases around the time of commencement of
the new service. In addition, staff has determined that it is feasible to
reformat all other City-produced programming to enable playback on the public
access channel on the Paragon system. Finally the Cypress CATV Commission has
requested that Copley/Colony make every effort to see that Cypress-produced
public access programs are cablecast on the Paragon public access channel.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
authorize the cablecast of taped Council meetings on the Garden Grove
Governmental Access Channel for Cypress Paragon Cable subscribers and direct
staff to pursue cablecasting of other Cypress programs on the Paragon Public
Access Channel. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
CONSIDERATION OF APPROVAL OF COMM Rr.rAL WARRANT LIST FOR WARRANTS NO 53102 -
53139 AND 1001 - 1537: It was moved by Councilmember Bowman and seconded by
Councilmember Nicholson to approve the Warrants No. 53102 through 53139 and
1001 through 1537 in the amount of $871,503.25. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Partin
RECESS: Mayor Pro Tem Age recessed the meeting at 10:15 p.m. to allow the
City Council to meet as the Cypress Redevelopment Agency. The meeting
reconvened at 10:18 p.m. with all Councilmembers present except Mayor Partin.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Ms. Bernice Place, 6572 Biak Street, Cypress, asked how many more years and
how much money was in the Park Bond, which was answered by the Finance
Director. She asked about the number of vacant commercial buildings in the
City and was directed to the Chamber of Commerce. She stated she didn't
believe a card parlor was appropriate for this community.
Councilmember Kerry asked if there was a condition that could be imposed on RV
storage lot property owners coming before Council to prioritize renting or
leasing those spaces to Cypress residents. The Acting City Attorney advised
that he would research this request. Councilmember Nicholson mentioned that
the last RV storage lot on Lincoln still appears to have available space and
asked they be contacted to see if they are able to add to their lot. The City
Manager advised that staff will check.
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CITY COUNCIL MINUTES October 26, 1992
Wg,ITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
CLOSED SESSION: Mayor Pro Tem Age recessed the meeting at 10:20 p.m. to
enable the Council to enter into a Closed Session. The meeting reconvened at
11:24 p.m. with all Councilmembers present except Mayor Partin.
ADJQURNMENT: Mayor Pro Tem Age adjourned the meeting at 11:24 p.m. to 4:30
p.m., Monday, November 9, 1992, Administrative Conference Room, City Hall,
5275 Orange Avenue.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
j
CIT CLE K F THE TY OF CYPRESS
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