Minutes 93-02-08 rr n
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 8, 1993
The Regular Meeting of the Cypress City Council was called to order at 5:00
p.m., Monday, February 8, 1993, in the Administrative Conference Room, City
Hall, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding.
PRESENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry
ABSENT: None
ORAL INTERVIEWS: The City Council interviewed the five candidates who had
applied for appointment to the newly formed Nonconforming Use Hearing Board.
RECESS: Mayor Kerry recessed the meeting at 5:40 p.m. to enable the Council
to reconvene in the Council Chamber at 5:55 p.m. with all Councilmembers
present. Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Cavanaugh and staff members Bacock, Barrett, Donovan, Storey and
Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to
speak
CONSIDERATION OF AWARD OF CONTRACT FOR REPLACEMENT OF BODY ARMORS: The City
Manager advised that the Police Chief would review this item in depth later in
the evening. He then referred to the recommendation in the staff report dated
January 21, 1993, to purchase 53 new vests at the special promotional cost of
$315.00 for each vest. There are sufficient funds available in the Asset
Seizure account.
It was moved by Councilmember Partin and seconded by Councilmember Age to
determine that it is in the best interest of the City to dispense with formal
competitive bidding pursuant to City Code Section 21A-8F and authorize the
purchase of 53 Eagle Series Level II body armor vests from U.S. Armor, 11843
East Smith Avenue, Santa Fe Springs, CA, in an amount not to exceed $18,000.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR CONSULTING SERVICES FOR PREPARATION OF
PLANS AND SPECIFICATIONS AND CONSTRUCTION MANAGEMENT FOR PUBLIC WORKS PROJECT
N0. 9260. REMOVAL OF STREET TREES AND REPAIR OF SIDEWALK AT VARIOUS LOCATIONS,
AND PUBLIC WORKS PROJECT N0. 9212, SB 821 FUNDING, INSTALLATION OF HANDICAPPED
ACCESS RAMPS AT VARIOUS LOCATIONS: The City Manager presented the staff
report dated January 27, 1993, which indicated that the Engineering Division
has sought qualifications and proposals for consultant engineering services
from five firms for the preparation of plans and specifications, contract
administration and inspection services for the various projects. The use of
consultant services is also due to the need to award a construction contract
for the handicapped ramp project prior to June 31, 1993, in order to maintain
current levels of SB 821 funding. The fee for consulting services will be
split between the two projects.
It was moved by Councilmember Age and seconded by Councilmember Bowman to:
1. Authorize the appropriation of $37,081.07 from the Fund Balance of the
General Fund to Account No. 4186-11-401-21; and
2. Award a contract for consultant services to Norris-Repke, Inc., 18231
Irvine Blvd., Suite 204, Tustin, CA 92680, for providing plans and
specifications nd construction management services for the above-
mentioned projects, for a fee not to exceed $31,532.00.
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES February 8, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR CONSULTANT TRAFFIC ENGINEERING SERVICES
FOR GROWTH MANAGEMENT AREA N0. 2 TRAFFIC SIGNAL INTERCONNECT PROJECT ALONG
VALLEY VIEW STREET, CITY OF CYPRESS PROJECT NO 9235: The City Manager
introduced the staff report dated January 28, 1993, which described the joint
effort of a traffic signal interconnect project along Valley View Street, from ~
Artesia Blvd., to Garden Grove Freeway. Since the largest portion of the
project was within the City of Cypress, Cypress was designated as the lead
agency in administering the project, which will consist of the installation of
a hardwire telephone interconnect system capable of coordinating the signals
across jurisdictional boundaries. The City sought proposals from five
consulting firms for traffic engineering services for the design of this
project and BSI Consultants, Inc. was selected as the most qualified firm to
perform these services.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to award a contract for traffic engineering services to BSI Consultants, Inc.,
2001 East 1st Street, Santa Ana, CA 92705, for preparation of plans,
specifications, project management, inspection and signal timing for the
above-mentioned project, for a fee not to exceed $104,355. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PURCHASE OF CIVIL UNREST RESPONSE EQUIPMENT: The Police
Chief summarized the staff report dated January 26, 1993, which indicated that
the Cypress Police Department's civil emergency response equipment was in need
of updating and replacement. The equipment was in poor condition due to age,
outdated and otherwise unserviceable. The purpose of the request was to a
provide a carrying bag of equipment at $324.86 each for a force of 35
personnel for an emergency response.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to approve the expenditure of $11,370.10 of asset seizure funds to purchase
emergency response equipment. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
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 Nicholson asked that Item No. 9, Consideration of Claim filed by
Andrina G. Hanson, Attorney-at-Law, On Behalf of Darrel Douglas, a Minor, Dave
Douglas and Denise Douglas be removed for further consideration.
Councilmember Age requested that Item 11, Consideration of Design Review
Committee's Approval of DRC #93-2, be removed for her abstention.
It was moved by Councilmember Partin and seconded by Councilmember Age to
approve the Consent Calendar Items No. 5 through 20, with the exception of
Items No. 9 and 11. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
Item No. 5: Motion to Approve City Council Minutes of the Adjourned Regular
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CITY COUNCIL MINUTES February 8, 1993
Meeting of January 18, 1993 and the Regular Meeting of January 25, 1993.
Recommendation: That the City Council approve the Minutes of January 18, 1993
and January 25, 1993, as submitted.
Item No. 6: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 7: Continuation of Claim filed by Donna Stillwell
Recommendation: Receive and file.
Item No. 8: Consideration of Proclaiming February 22 - 28, 1993, as "Medical
Assistants Week."
Recommendation: That the Mayor and City Council officially proclaim the week
of February 22 - 28, 1993, as "Medical Assistants Week" in the City of
Cypress.
Item No. 10: Consideration of Proclaiming March 1993, as "Arts in Education
Month."
Recommendation: That the Mayor and City Council officially proclaim the month
of March 1993, as "Arts in Education Month" in the City of Cypress.
Item No. 12: Consideration of Adoption of Resolutions of Commendation for
Orange County Fire Department Paramedic Jeff Reinig and Cypress Police Agent
Stephen P. Spernak, Recognizing Their Efforts in Saving the Life of Chelsea
Burris.
Recommendation: That the City Council adopt the Resolutions by title only,
titles as follow, commending Orange County Fire Department Paramedic Jeff
Reinig and Cypress Police Agent Stephen P. Spernak for their heroic actions in
saving the life of Chelsea Burris.
RESOLUTION N0. 4139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
ORANGE COUNTY FIRE PARAMEDIC JEFF REINIG FOR HEROIC ACTIONS IN SAVING
THE LIFE OF CHELSEA BURRIS.
RESOLUTION N0. 4140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING
CYPRESS POLICE AGENT STEPHEN P. SPERNAK FOR HEROIC ACTIONS IN SAVING THE
LIFE OF CHELSEA BURRIS.
Item No. 13: Consideration of Request from the Cypress High School's Yearbook
Staff for the Purchase of an Ad in the 1993 Yearbook.
Recommendation: That the City Council authorize a contribution of $100 for an
ad in the Cypress High School's 1993 Yearbook.
Item No. 14: Consideration of Acceptance of Parcel Map No. 91-309 (5796,
5816, 5836, 5856 Corporate Avenue).
Recommendation: That the City Council approve Final Parcel Map No. 91-309 and
authorize the City Clerk to sign the Record Map.
Item No. 15: Consideration of Employment List - Dispatcher I/II.
Recommendation: Receive and file.
Item No. 16: Consideration of Orange County Employment Relations Consortium
Contract Renewal.
Recommendation: That the City Council approve the City's membership in the
Orange County Employment Relations Consortium, and authorize the Personnel
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CITY COUNCIL MINUTES February 8, 1993
Director to execute the Agreement for Special Services with Liebert, Cassidy
and Frierson for 1993 in the amount of $1,595.
Item No. 17: Consideration of Approval of the Design, Plans and
Specifications for Street Rehabilitation on Crescent Avenue from La Salle
Street to Approximately 232 Feet East of La Homa Street, Public Works Project
No. 9101.
Recommendation: That the City Council approve the design, plans and
specifications for Street Rehabilitation on Crescent Avenue from La Salle
Street to approximately 232 feet east of La Homa Street, Public Works Project
No. 9101.
Item No. 18: Consideration of Acceptance of Parcel Map No. 91-142, 9031
Grindlay Street.
Recommendation: That the City Council approve Final Parcel Map No. 91-142 and
authorize the City Clerk to sign the Record Map.
Item No. 19: Consideration of Adoption of Resolution Commending Mr. John
Lawler on Being Selected as the 1993 Cypress College Americana Award Recipient
from the City of Cypress.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Mr. John Lawler - 1993 Cypress College Americana
Award recipient from the City of Cypress.
RESOLUTION NO. 4141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR.
JOHN LAWLER ON BEING SELECTED AS THE 1993 CYPRESS COLLEGE AMERICANA
AWARD RECIPIENT FROM THE CITY OF CYPRESS.
Recreation & Park District Matters:
Item No. 20: Consideration of New Adult Activity Class.
Recommendation: That the City Council, acting as the ex-officio governing
Board of Directors of the Cypress Recreation and Park District, approve the
new adult activity class, Group Golf Lessons, as recommended by the Cypress
Recreation and Community Services Commission.
END OF CONSENT CALENDAR
Regarding Item No. 9, Councilmember Nicholson requested additional information
and asked that this claim be discussed in Closed Session.
In regard to Item No. 11, Consideration of Design Review Committee's Approval
of DRC #93-2, it was moved by Councilmember Partin and seconded by
Councilmember Nicholson to receive and file. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
ORDINANCES
(SecondORDINANCES
(Second
Reading)
&
RESOLUTIONS&
RESOLUTIONS•
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
order the following Ordinance read by title only, title as follows and to
adopt the ordinance adding Section 22-10 and amending Section 25-29.
ORDINANCE N0. 894
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, ADDING SECTION 22-10, "SEWER DESIGN AND
CONSTRUCTION STANDARDS," TO CHAPTER 22, "SEWERS AND SEWERAGE DISPOSAL"
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CITY COUNCIL MINUTES February 8, 1993
TO THE CODE OF THE CITY OF CYPRESS AND AMENDING SECTION 25-29, "PUBLIC
IMPROVEMENTS," OF CHAPTER 25, "SUBDIVISIONS," OF THE CODE OF THE CITY OF
CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance adding Section 23, Landscaping to the City Code.
ORDINANCE NO. 895
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, ADDING SECTION 23, "LANDSCAPING," OF APPENDIX I,
"ZONING" OF THE CODE OF THE CITY OF CYPRESS TO PROVIDE FOR THE USE OF
DROUGHT TOLERANT PLANT MATERIAL AND WATER CONSERVATION MEASURES
PERTAINING TO LANDSCAPE AND IRRIGATION PURPOSES.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Kerry recessed the meeting at 6:15 p.m. to allow the
Council to enter into Closed Session for personnel and litigation matters.
The meeting reconvened at 7:40 p.m. with all Councilmembers present. Also
present were City Manager/City Clerk Darrell Essex, City Attorney, John
Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey
and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Partin.
The City Manager commented on the interview process of prospective appointees
to the Nonconforming Use Hearing Board held at 5:00 p.m. and he reviewed those
actions taken by the City Council during the 5:30 p.m. portion of the meeting.
Further explanation was provided by the Police Chief on the purchase of
replacement body armors (safety vests) and civil unrest response equipment for
the Police Department.
The City Attorney reviewed those discussions held during Closed Session on
three items: personnel matters and labor negotiations; the Douglas claim and
a potential litigation matter.
PRESENTATIONS:
Mayor Kerry read and presented a proclamation to Johnnie Strohmeyer, of Casa
Youth Shelter, which officially proclaimed February 8 through 12 as "Give Your
Heart to Casa Week."
Mr. Shannon DeCou was presented a Community Service Plaque by Mayor Kerry as a
former Alternate to the Senior Citizens Commission.
Mayor Kerry clarified the issue of Item No. 25, General Plan Update, that
Holder Street is not an issue of the update and there is no change to the
General Plan on this issue.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Gene Andre, 4143 Sussex Circle, Cypress, spoke on the problem of tagging,
which was appearing more and more in the City. He mentioned that the source
of the problem is coming from the mobile home park on the corner of Lincoln
and Bloomfield, as well as the apartments in the 9200 block on Bloomfield. He
felt it was time the City of Cypress did something and put an Ordinance in
place that holds both the juveniles and parents responsible. He suggested a
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CITY COUNCIL MINUTES February 8, 1993
visit to the mobile home park and the apartment house by the Police
Department, along with a reward system.
Mayor Kerry reminded the audience that speakers need to fill out a form
providing their name and address for the record.
Mr. James R. Hagenbach, 4021 Larwin Avenue, Cypress, suggested that video
cameras be utilized in videotaping taggers for the Police.
The City Manager announced that the City Council has directed City staff to
research the graffiti and tagging issues, another meeting is planned for this
week, several ordinances have been reviewed and he emphasized the use of
volunteers to participate community-wide to help alleviate the problem.
The Police Chief acknowledged the $500 gift from the Rotary Club to the
Cypress Police Department's D.A.R.E. Program.
Ms. Susan Mercier, 5131 Canterbury Drive, Cypress, asked the Council about the
plans for making the Brethern Christian School site a continuation school for
the Anaheim High School District. Mayor Kerry reported that the
superintendent of the Anaheim High School District will recommend Brethern
School's lease be extended another year.
Regarding Item No. 9, Consideration of Claim Filed by Andrina G. Hanson,
Attorney-at-Law, on behalf of Darrel Douglas, a Minor, Dave Douglas and Denise
Douglas, it was moved by Councilmember Nicholson and seconded by Councilmember
Age to officially reject the subject claim and refer it to the City's Claims
Administrator, Carl Warren & Co., for appropriate disposition. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Kerry announced that Agenda Items 23 and 26 will be continued.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE N0. 92-4. SECTION 15 - SIGNS: Mayor Kerry opened the public
hearing. The staff report dated February 1, 1993, indicated that staff
requested this item be continued at which time the Chamber and the Review
Committee's comments will be submitted to Council for review and
consideration.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
continue this item to the Council meeting of March 8, 1993. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
04~LSIDERATION OF PUBLIC HEARING RE: REQUEST FROM MR. LLOYD ARNOLD OF THE LOS
ALAMITOS RACE COURSE, TO CALL A SPECIAL ELECTION ON JUNE 8. 1993. FOR
~MITTAL OF A MEASURE RELATIVE TO BUILDING A CARD CLUB ADJACENT TO THE
GRANDSTAND FACILITY AT 4961 KATELLA AVENUE: Mayor Kerry declared the public
hearing open. She clarified that the issue before the Council at this time is
whether or not to call a Special Election for the submittal of a measure for
vote of the people relative to building a card club at 4961 Katella Avenue. w•,N-
There are many legal, traffic and police questions that Council has presented
to staff for answers.
Mr. Lloyd Arnold, representing Los Alamitos Race Course, mentioned the
artist's rendering of one of the concepts for the proposed card club and they
are asking to expand a business that has been in existence for many years. He
provided information on how much revenue the City of Cypress received from the
race course and the number of jobs that would be made available with a card
club. Placing the card club on the ballot will give the proponents the
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CITY COUNCIL MINUTES February 8, 1993
opportunity to educate the public because presently there is a lot of
misunderstanding about card clubs.
Mr. Dick Feinberg, an associate of Mr. Arnold's, 219 B 7th Street, Seal Beach,
asked that the residents address the issue which was that of placing a measure
on the ballot relative to building a card club. He mentioned property values
and stated that Mr. Arnold would not propose an issue that would lessen his
property value. The tax money received from a card club could be used to fund
a vast array of projects. He also mentioned the importance of placing this
issue on the ballot as quickly as possible.
Responding to Councilmember Nicholson, Mr. Arnold explained that if the
grandstand is torn down, it will become the card club and the grandstand. If
the club house and not the grandstand is torn down, then the clubhouse will
house the card club. The new building would cost in the neighborhood of $30
million.
In response to a question by Councilmember Partin, Mr. Arnold stated they
would pursue a card club either with a ballot measure or an initiative. He
stated he believed the City should write the ordinance.
Councilmember Bowman clarified that if the Council put the measure on the
ballot and it passed, the City would write the Ordinance. If Mr. Arnold
obtains the signatures for an initiative, he prepares his own ordinance and
the City is virtually powerless.
After additional questions and answers, Mayor Kerry announced that the Los
Alamitos Race Course will be paying for the election and it will not be paid
for by the City.
Mayor Kerry requested those people who wished to speak in favor of placing
this issue on the ballot for a vote of the people to step forward.
The following people expressed their support of placing this measure on the
ballot for a vote of the people. They asked questions about employment
opportunities, traffic congestion, property values, the payment of City staff
time, drafting an Ordinance and increased crime. They requested additional
information and studies and expressed some of their concerns.
Mr. Mike Gritchen, 11619 Malden St., Cypress
Mr. Tim Keenan, 4157 Devon Cr., Cypress
Ms. Dorianne Garcia, 5732 Cathy Lane, Cypress
Mr. Reynold Elkin, 4034 Orange Ave., Cypress
Ms. Cindy Warren, 10413 Cary Cr., Cypress
Ms. Alice Rogers, 4219 Dover Cr., Cypress
Ms. Elsie Carruthers, 10480 Gregory Cr., Cypress
Mr. Jerry Mathews, 9446 Cambridge St., Cypress
Mr. Michael T. Kobel, 9764 Cedar Ct., Cypress
Mr. Alan Rowe, 4752 Cathy Ave., Cypress
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress
Mr. Leon Scott, 6353 Bataan St., Cypress
Mr. Loren Van Tuyl, 9542 Margaret St., Cypress
Mr. Dan Schoepf, 2748 Yearling St., Lakewood
Ms. Joan Edwards, 4532 Victoria Ct., Cypress
Mr. Don Kennedy, 5843 Holmby Ct., Cypress
Mr. R. D. Price, 11350 Holder St., Cypress
Mr. Richard Shermet, 9525 Normandy Way, Cypress
Ms. Gail Simpson, 4901 Newman Ave., Cypress
At this point, the City Attorney explained that state law requires that the
question of a card club has to be put to a vote of the people. The only two
options are whether the Council writes the ballot measure and calls for a
special election or Mr. Arnold petitions for an initiative on the ballot and
he writes the measure. All existing City planning and zoning regulations
apply to the card club no matter who puts the measure on the ballot. Input
from those citizens supporting an election for card club measure continued.
Ms. Betty Alp, 5071 Canterbury Dr., Cypress
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CITY COUNCIL MINUTES February 8, 1993
Mr. Pete Tierney, 10401 Sande St., Cypress
Mr. Harold Lindamood, 6223 Lawrence St., Cypress
Dr. Virginia Hunter, 5241 Vista Del Mar, Cypress
Ms. Verna Dodson, 5771 La Jolla Way, Cypress
Ms. Beulah Dumagan, 3143 W. Bridgeport, Anaheim
Mr. Joe Hardcastle, 4588 Blanca Dr., Cypress
Mr. Joel Fiacco, 4292 Jade Ave., Cypress
Ms. Nancy Hines, 9375 Gregory St., Cypress
Mr. Kevin Walker, 6861 Younger Dr., Buena Park
Mr. Wayne Reynolds, 10202 Tanforan Dr., Cypress
Mr. R. V. Burns, 5661 Karen Ave., Cypress
Mr. Preston Smith, 5601 Lincoln, Cypress
Mr. Victor Wong, 4548 Chelsea Ct., Cypress
Mr. Arnold Loewenberg, 4028 Cheshire Dr., Cypress
The following citizens spoke against placing this issue on a ballot for a vote
of the people. They stated that if the Council wrote the Ordinance, it would
indicate their endorsement of a casino. They didn't want a card club and
asked for Council's position on the issue.
Anne Parizeau, 4808 Larwin Ave., Cypress
Mr. Archie Lane, 4531 Victoria Ct., Cypress
Ms. Carol Wynder, 9305 Cambridge St., Cypress, spoke against placing the card
club measure on a ballot and presented the Council with an informal petition
with signatures of those people who were also not in favor of placing the
issue on a ballot. Testimony continued from citizens who were against placing
the measure on a ballot.
Ms. Elizabeth Follett, 9476 Cambridge, Cypress
The City Attorney explained that if there was a petition for an intiative, the
City would not be in the position to regulate what would be in that measure. 4,
Mr. Bill Mathews, 4223 Paseo de Plata, Cypress, presented several documents to
the Council. He was not in favor of placing the card club issue on the ballot
and he explained his opposition.
The testimony in opposition continued.
Ms. Denise New, 4504 Larwin Ave., Cypress
Fr. John R. Keller, 5201 Evergreen Ave., Cypress
Mr. David Shapiro, 11594, Manila Dr., Cypress
Ms. Bernice Place, 6572 Biak St., Cypress
Mrs. Lauretta Callender, 9408 Danbury St., Cypress
Mr. Charles Callender, 9408 Danbury St., Cypress
Mr. Steven Bradley, 5442 Oxford Dr., Cypress
Mr. Art Ordonez, 5143 Sequoia Ave., Cypress
Ms. Kathy Bias, 3692 Catalina, Los Alamitos
Mr. Dick Smithwar, 4191 Avenida Sevilla, Cypress
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue the Council meeting past the hour of 11:30 p.m. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The last citizen to comment against placing the measure on the ballot was
Kathleen Waldron, 4008 Via Encina, Cypress, who concurred with the previous
speakers.
At this time, Mr. Arnold approached the podium and responded to several of the
questions that were posed by the citizens.
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CITY COUNCIL MINUTES February 8, 1993
After further questions and answers between Councilmembers, the City Manager
reported that several written communications also had been received and the
issues raised in those letters will also be addressed.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to continue the public hearing to the meeting of February 22, 1993. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Kerry recessed the meeting at 11:40 p.m. and reconvened at 11:55
p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: DRAFT GENERAL PLAN UPDATE AND FINAL
ENVIRONMENTAL IMPACT REPORT: The public hearing was opened by Mayor Kerry.
The City Manager stated that Resolution C was inadvertently left off the
Agenda and the City Attorney advised that this could be added to the Agenda as
a subsequent need item requiring afour-fifths vote of the Council.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to add Item 25(c). The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Manager clarified, for the record, that this was a Resolution of the
City Council/Planning Agency City of Cypress adopting a Mitigation Monitoring
Program of the 1993 Cypress General Plan Update Final Environmental Impact
Report. The Planning Director summarized the staff report dated January 29,
1993, which marked the culmination of a three year process by the City of
Cypress in updating its General Plan. The report described the purpose and
structure of the General Plan and provided a history of events leading to the
public hearing. It also included a description of each of the proposed
General Plan elements. According to the requirements of the California
Environmental Quality Act, a Draft Environmental Impact Report (EIR) was
prepared for the General Plan Update. A formal 45-day public review period
was provided from August 11, 1992 through September 25, 1992. Notices of the
public hearing were published in the News Enterprise and posted in the Civic
Center, the Cypress Library and in the Cypress Community Center. In addition,
letters of notices were mailed to members of the Citizens Advisory committee
individuals who attended special Town Hall meetings and to those individuals
who requested notice. She then introduced Mr. Dale Beland of the City's
consultants, Cotton Beland Associates (CBA). Mr. Beland stated that what the
City of Cypress has, in draft form, is a very well integrated, comprehensive
plan to help focus on the important decisions that deal with preservation of
residential neighborhoods with more specific policies for areas that still
have development potential and the continued emphasis on the quality of life.
He emphasized the survey that was conducted many months ago on the 2800
households. He thanked the City's entire administrative team for a very
professional relationship.
Mayor Kerry asked if anyone wished to speak in support of or opposition to the
certification of the final EIR and the adoption of the General Plan Update.
No one spoke.
It was moved by Councilmember Age and seconded by Councilmember Partin to
close the. public hearing and adopt the attached Resolutions by title only,
titles as follow, certifying the General Plan Update Final Environmental
Impact Report according to the requirements of the California Environmental
Quality Act, approving the Mitigation Monitoring Program to the Cypress
General Plan Update Final EIR and approve the General Plan Update.
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CITY COUNCIL MINUTES February 8, 1993
RESOLUTION N0. 4142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CERTIFYING AS TO
ITS REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE 1993 CYPRESS
GENERAL PLAN UPDATE AND MAKING CERTAIN FINDINGS.
RESOLUTION N0. 4143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING THE
1993 GENERAL PLAN UPDATE OF THE GENERAL PLAN FOR THE CITY OF CYPRESS.
RESOLUTION N0. 4144
A RESOLUTION OF THE CITY COUNCIL/PLANNING AGENCY OF THE CITY OF CYPRESS
ADOPTING A MITIGATION MONITORING PROGRAM FOR THE 1993 CYPRESS GENERAL
PLAN UPDATE FINAL ENVIRONMENTAL IMPACT REPORT.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 92-18
TENTATIVE TRACT MAP N0. 14779 AND VARIANCE NO 92-7 (CONSTRUCT NINE TOWNHOME
CONDOMINIUMS AT 8661 MOODY STREET): Mayor Kerry opened the public hearing.
The staff report dated February 3, 1993 recommended that this item be
continued.
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
to continue this item to the Council meeting of February 22, 1993. The motion
unanimously carried by the following roll call vote:
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AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
90-23, SAFETY NETTING FOR CYPRESS GOLF COURSE 4921 KATELLA AVENUE: The
public hearing was opened by Mayor Kerry. The City Manager requested that the
Planning Director present the staff report dated January 26, 1993, which
represented a request for the permanent installation of safety netting at five
locations throughout the Cypress Golf Course at 4921 Katella Avenue. In
accordance with the requirements of the California Environmental Quality Act,
a statement of Negative Declaration has been filed for this- project. The
application has informed staff they are willing to plant trees in areas where
feasible in order to help screen the safety netting from the public view.
Staff has also required the landscaping plan go before the City Council for
final approval.
Mr. Ruben Perez, representing the Cypress Golf Course, stated he was
responsible for the netting and volunteered to answer any questions from the
Council.
Councilmembers discussed the need for natural screening of the netting,
concurred that the netting should be screenedd over a period of years and then
remove the net where possible.
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. 90-23, subject to the conditions in Exhibit "A"
with landscaping guidelines. The motion carried by the following roll call
vote:
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CITY COUNCIL MINUTES February 8, 1993
AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
Councilmember Age stated she abstained from voting because she had accepted a
gift from the Golf Course.
CONTINUATION OF CONSIDERATION OF POLICE DEPARTMENT STAFFING: The City Manager
advised that this item was placed on the Agenda for discussion at the February
6 - 7, 1993 City Council/Staff retreat and he asked if Council wished to have
any further discussion.
It was moved by Councilman Partin and seconded by Councilmember Age to receive
and file. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ZONING DETERMINATION OF SECTION 9.3.B - PARKING OF VEHICLES
IN FRONT YARD AREA: The Planning Director reviewed the staff report dated
January 26, 1993, which indicated that staff has recently received a request
for permission to maintain the storage of a boat within a front yard area.
Staff has read Section 9.3.B of the City Code and found that the section deals
only with the required front and side yard setbacks and does not address the
area beyond the front yard setback line.
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
that vehicle storage not be allowed in the front yard or street side yard
landscaped areas. The City Attorney asked for clarification on a possible
revision of the Ordinance addressing interior side yard. Staff will research
interior side yards and return to Council for further discussion, which might
require a redrafting of the Ordinance. The motion carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO 2856 -
3080: It was moved by Councilmember Age and seconded by Councilmember Bowman
to approve Warrants No. 2856 through 3080 in the amount of $986,091.70. The
motion carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 12:30 a.m.
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MAYOR OF THE CITY RESS
ATTEST:
CITY C ER 0 TH CIT OF. YPRESS
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