Minutes 93-02-22
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 22, 1993
The Regular Meeting of the Cypress City Council was called to order at 5:37
p.m., Monday, February 22, 1993, in the Council Chamber, 5275 Orange Avenue,
Cypress, Mayor Gail Kerry presiding.
PRESENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry
ABSENT: None
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 CONSULTANT SERVICES FOR PREPARATION OF
THE CITY OF CYPRESS AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: The
Public Works Director presented the staff report dated February 10, 1993,
which indicated that six statements of qualifications and requests for
proposals were received and evaluated by a screening committee. Verbal
presentations were made to the screening committee by the top four bidders and
Leesak Architects AIA, Inc. was selected as the most qualified firm.
It was moved by Councilmember Partin and seconded by Councilmember Bowman to
award a contract for consultant services to Leesak Architects AIA, Inc., 3190-
K Airport Loop, Costa Mesa, CA 92626, for preparation of the federally
mandated ADA Transition Plan for the City of Cypress, for a fixed fee in the
amount of $25,000. 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 PURCHASE OF CRACK SEALER AS PER REQUEST FOR QUOTATION 92/93-
5: The Public Works Director summarized the staff report dated February 11,
1993, which acknowledged the two bids received for one street crack sealer
machine. Specifications for the crack sealer machine were written to solicit
bids on both a new machine and a factory demonstrator machine. The
specifications also called for a trade-in amount for one used Aeroil Highway
Resurfacer.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to:
1. Authorize the purchase of one demonstrator Crafco EZ Pour 100 Crack
Sealer from Crafco Inc., 6975 W. Crafco way, Chandler, AZ 85226; and
2. Authorize a budgeted transfer from the fund balance of the General
fund in the amount of $6,042.00 to Account No. 4501-90-656-35 to fully
fund this purchase.
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 PROJECT N0.
9301 FOR A, STUDY OF 36 PROBLEM SEWER MAIN LOCATIONS, AND B~ PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF CONCRETE MOW STRIP ALONG
MEDIAN ISLANDS ON VALLEY VIEW STREET: The staff report dated February 12,
1993 was presented by the Public Works Director advising that five proposals
for consultant engineering services for the study of problem sewers mains and
for the preparation of plans and specifications for the installation of
concrete mow strips on Valley View Street were received and reviewed and
Lockman & Associates was selected as the most qualified firm.
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CITY COUNCIL MINUTES February 22, 1993
Responding to Councilmember Nicholson, the Finance Director advised that the
monies for the mow strip were coming from the General Fund.
The City Manager mentioned that getting the plans and specifications might be
appropriate, but a delay of the construction until there is a source of
revenue could be considered.
Councilmember Nicholson stated she would concur with delaying any
construction.
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
award a contract for consultant services to Lockman & Associates, 249 East
Pomona Blvd., Monterey Park, CA 91754-7291, for the study of 37 problem sewer
main locations and for the preparation of plans and specifications for the
installation of concrete mow strips along median islands on Valley View Street
Project, for a not-to-exceed fee of $42,280.00. 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 Public Works Director clarified that the plans and specifications will be
completed for both projects, but prior to construction, the projects will be
brought back to Council.
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 requested that Item No. 12, Consideration of Release
of Bond for Undergrounding Utilities on Cerritos Avenue - Overton, Moore &
Associates, Public Works Project No. 8738, be removed. Councilmember Bowman
asked that Item No. 16, Consideration of Cable Television (CATV) Commission's
Recommendations For Two Public Access Grants, be pulled.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
approve the Consent Calendar I-terns No. 4 through 18 with the exception of
Items No. 12 and 16. 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
Item No. 4: Motion to Approve City Council Minutes of the Regular Meeting of
February 8, 1993.
Recommendation: That the City Council approve the Minutes of
February 8, 1993, as submitted.
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 March 1993, as "Red Cross Month".
Recommendation: That the City Council officially proclaim the month of March
1993, as "Red Cross Month" in the City of Cypress.
Item No. 7: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Marwan George & Alexandra Marwan Kashou, D.B.A., J & B Food
Market, 4490 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
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CITY COUNCIL MINUTES February 22, 1993
Item No. 8: Consideration of Proclaiming March 7 - 13, 1993, as "Save Your
Vision Week".
Recommendation: That the Mayor officially proclaim. the week of March 7 - 13,
1993, as "Save Your Vision Week" in the City of Cypress.
Item No. 9: Consideration of Employment List - Maintenance Worker II
(Landscape Maintenance).
Recommendation: Receive and file.
Item No. 10: Consideration of Renewal of Fire Protection Services Agreement.
Recommendation: That the City Council approve the Amendment to the Agreement
between the City and Orange County for fire protection services for a one-year
period, commencing July 1,1993, and authorize the Mayor to sign and the City
Clerk to attest the subject agreement, subject to the approval as to form by
the City Attorney.
Item No. 11: Consideration of Additional Appropriation for Payment of the
City's Share of the Orange County Fire Protection District Phase III
Consultant Services.
Recommendation: That the City Council authorize the appropriation of $5,000
from the fund balance of the General Fund to Account No. 4189-11-109-01, for
payment of the City's share of the Orange County Fire Protection District
Phase III Consultant services.
Item No. 13: Consideration of Resolution Requesting the Orange County Local
Transportation Authority and the Board of Supervisors to Include Within the
Orange County Combined Transportation Funding Program the Improvement of
Various Growth Management Area (GMA) No. 2 Street Projects.
Recommendation: That the City Council: 1) Authorize staff to submit to the
Orange County Local Transportation Authority the following projects: Lincoln
Avenue Traffic Signal Interconnect, from Bloomfield to East Street; Ball Road
Traffic Signal Interconnect, Bloomfield Street to Holder Street; Moody Street
Traffic Signal Interconnect, Cerritos Avenue to Orangethorpe Avenue; 2)
Authorize staff to submit to the Orange County Local Transportation Authority
the following projects as co-participant: Lincoln Avenue Street Widening
Project and the Cerritos Avenue Traffic Signal Interconnect Project; 3 Adopt
the Resolution by title only, title as follows, requesting the Orange County
Local Transportation Authority and the Board of Supervisors to include within
the Orange County Combined Transportation Funding Programs the following
projects: Lincoln Avenue Traffic Signal Interconnect, from Bloomfield to East
Street; Ball Road Traffic Signal Interconnect, Bloomfield Street to Holder
Street; Moody Street Traffic Signal Interconnect, Cerritos Avenue to
Orangethorpe Avenue; Lincoln Avenue Street Widening Project and the Cerritos
Avenue Traffic Signal Interconnect Project; and 4) Authorize staff to proceed
with all required preparation to implement those projects designated for
Fiscal Year 1993-1994.
RESOLUTION NO. 4145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
SUBMITTAL OF: (1) LINCOLN AVENUE TRAFFIC SIGNAL INTERCONNECT; (2) BALL
ROAD TRAFFIC SIGNAL INTERCONNECT; (3) MOODY STREET TRAFFIC SIGNAL
INTERCONNECT; (4) LINCOLN AVENUE STREET WIDENING FEASIBILITY STUDY; AND
(5} CERRITOS AVENUE TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT PROJECTS, TO
THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
COMBINED TRANSPORTATION FUNDING PROGRAM.
Item No. 14 Consideration of Emergency Sanitary Sewer Manhole Repairs at
Jeanine and Cathy Avenue.
Recommendation: That the City Council concur in the emergency action, and
receive and file this report.
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CITY COUNCIL MINUTES February 22, 1993
Item No. 15: Consideration of Employment List - Court Liaison Assistant.
Recommendation: Receive and file.
Item No. 17: Consideration of Resolution Urging the U.S. Department of Energy
to Establish an Accelerated Natural Gas Research, Development and
Demonstration Program.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, urging the establishment and funding of an accelerated
Research, Development and Demonstration Program for natural gas technologies.
RESOLUTION NO. 4146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING THE U.S.
DEPARTMENT OF ENERGY TO ESTABLISH, AND THE PRESIDENT AND CONGRESS TO
FUND, AN ACCELERATED NATURAL GAS RESEARCH, DEVELOPMENT AND DEMONSTRATION
PROGRAM.
Recreation & Park District Matters:
Item No. 18: Consideration of Acceptance of Donation from the Los Alamitos
Medical Center Relating to the Cultural Arts Needs Assessment Program.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District, accept the
$125.00 donation from the Los Alamitos Medical Center for the telephone
support survey relating to the Cultural Arts Needs Assessment Program, to be
deposited in the Miscellaneous Revenue Account No. 3738-12.
END OF CONSENT CALENDAR
Regarding Item No. 12, Consideration of Release of Bond for Undergrounding
Utilities on Cerritos Avenue - Overton, Moore & Associates, Public Works
Project No. 8738, Councilmember Nicholson asked if this meant that the Edison
Company was never going to underground the secondary utility lines. The
representative from the Edison Company was in the audience and stated that he
had indicated in his letter that the transmission lines are not economically
feasible to underground at this time. He recalled that it would cost
approximately $285,000 to underground, which was not cost effective.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
delay the release of the bond to guarantee such undergrounding until the
development is completed. 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
In regard to Item No. 16, Consideration of Cable Television (CATV)
Commission's Recommendations For Two Public Access Grants, Councilmember
Bowman stated that he was unaware that there was $10,000 for cable television
public access grants, which might be considered an extravagance and a waste of
money at this time. The City Manager explained that this money is not from
the General Fund, it is from the Cable Television franchise receipts and has
to be applied to cable-related issues. Councilmember Bowman stated that he
was unaware that this fund and the grant program existed. The Assistant City
Manager clarified that Council had indicated that franchise fees would be used
for the type of programming done by the City and the CATV Commission.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
approve the two cable television public access grants as outlined in the
report.
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CITY COUNCIL MINUTES February 22, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Readin4) & RESOLUTIONS:
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follows, approving amendment
to CUP No. 90-23.
RESOLUTION NO. 4147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-23 - WITH CONDITIONS (SAFETY
NETTING AT CYPRESS GOLF COURSE, 4921 KATELLA AVENUE).
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
ABSTAINED: 1 COUNCILMEMBERS: Age
CLOSED SESSION: Mayor Kerry recessed the meeting at 6:07 p.m. to enable the
Council to enter into a Closed Session to discuss matters of personnel and
litigation. Mayor Kerry reconvened the meeting at 7:45 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.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Nicholson.
PRESENTATIONS: Mayor Kerry presented Community Service Plaques to Sergeant
Sandra Stanton, 1991 Officer of the Year and Pamela Kelch, 1991 Police
Department Employee of the Year. Technical Reserve Officer Joseph East
received recognition as 1991 Citizen of the Year.
Mayor Kerry presented Resolutions of Commendation to Orange County Fire
Paramedic Jeff Reinig and Cypress Police Agent Stephen P. Spernak for saving
the life of three month old Chelsea Burris.
Battalion Chief Mike McCoy, Orange County Fire Department, presented the
Orange County Fire Department's Certificate of Valor, the highest award for
uniformed personnel, to Police Agent Spernak and Firefighter/Paramedic Reinig
on behalf of Chief Larry Holmes.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda
Police Agent Jeff Wong, President of the Public Safety Employees' Association,
was present, along with other members of the Police Association, to voice
their frustrations over allegations that the City Council is angry with them.
They felt that someone was attempting to drive a wedge between the Association
and the Council. Agent Wong stated that all the Police personnel wanted was
fair and honest treatment from the City's negotiating team and the City
Council's support.
Mr. Charles Shaver, 5362 Belle Avenue, Cypress, a City employee who had been
requested to ask the question on behalf of some of his fellow employees to
have management negotiate with their association in good faith and keep them
informed.
Mayor Kerry responded that Council will refrain from comment since they are
still in negotiations with both Associations.
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CITY COUNCIL MINUTES February 22, 1993
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated there is not enough
money to compensate the police for putting their lives on the line each day.
The City Manager summarized those actons taken by the City Council during the
5:30 p.m. portion of the Agenda.
The City Attorney reviewed discussions held by Council during Closed Session
on: personnel matters of working conditions and negotiations, and personnel
and grievance procedures; a determination by the Council whether there is a
significant exposure to litigation; status of the Joong Ang Korean Church
pending litigation; and, property negotiations.
ORAL COMMUNICATIONS: For Clarification of Matters Not on the 7:30 P.M.
Agenda.
Ms. Lauretta Callender, 9408 Danbury St., Cypress, requested the Council to
consider the procedure on Item No. 20 and allow people to alternate on
speaking for and against the proposed ballot measure.
The City Attorney advised that the initial hearing has been held, it is up to
the Mayor to determine how this portion of the hearing will be conducted and
it is not necessary to follow any exact sequencing format.
Mayor Kerry announced that there would be several reports from staff prior to
continuing the public hearing.
Mayor Kerry stated that Item No. 22, Consideration of Public Hearing Re:
Vacation of Portions of Saint Ann Avenue, Vonnie Lane, Danny Avenue, Cypress
Avenue, Sprague Avenue and La Homa Street will be continued to March 8, 1993.
CONTINUATION OF CONSIDERATION 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 SUBMITTAL OF A MEASURE RELATIVE TO BUILDING A CARD CLUB ADJACENT TO
THE GRANDSTAND FACILITY AT 4961 KATELLA AVENUE: Mayor Kerry opened the
hearing. The City Manager advised that the Council had asked for specific
information from various staff members at the last meeting and he requested
that the staff reports be given first by the Police Department, followed by
the financial impact report, planning issues and finally, a summary of the
legal issues presented by the City Attorney.
The City Clerk reviewed the staff report, dated February 18, 1993, which
advised that there are 22,996 registered voters. If the initiative petition
process is utilized, at least 15%, or 3449, registered voters' signatures
would be required to call a special election. Due to the various Elections
Code requirements, it would not be possible to schedule an election on June 8,
1993 under this process. Should the City Council decide to call an election
on June 8, 1993, the deadline for adoption of the required Resolutions is
Friday, March 12; therefore, the City Council will need to adopt the necessary
Resolutions at its regular meeting of March 8, 1993.
The Police Chief summarized the staff report dated February 5, 1993, which
documented crimes recorded at card clubs in general and the Commerce Card Club
in particular by the Los Angeles Sheriffs' Department. The data compiled was
for a full two year period for the following crimes: armed robbery, assault
with a deadly weapon, burglary, grand theft, auto theft, forgery, assault,
possession of deadly weapons, narcotics possession, annoying threatening phone
calls, bomb threats, automobile burglaries, petty theft, trespass, recovery of
stolen vehicles, and suspicious circumstance calls. The raw data was
documented and compared with the same crimes at locations in the city of
Cypress, including the Los Alamitos race Course, Mervyn's Shopping Center,
Target Shopping Center and Cypress College. He then provided compared the
statistics between the Commerce Club and the various locations in Cypress.
In summary, the incidents of listed crimes are indicated to be less at the
Commerce Club than at the locations in Cypress.
The Finance Director stated that his report dated February 16, 1993 responded
to questions posed by Council at the February 8, 1993 Council meeting. The
expansion would provide $151,000 annually to the City's Redevelopment Agency,
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CITY COUNCIL MINUTES February 22; 1993
$12,000 to the Anaheim Union High School District, $36,300 '~o the Cypress
School District and $8,000 to the NOCCCD. Additionally, th~:are would
approximately $91,000 given to the County. Currently, race track wagering
brings $975,000 per year. He provided annual revenue comparisons with cities
that have card clubs.
The Planning Director advised that the project currently being considered is a
proposal for a ballot initiative for a card club, staff addressed the types of
studies that would be necessary. The maximum time period needed to complete
all of the studies would be 15 months.
The City Attorney summarized his report on the advantages and disadvantages of
the Council calling a special election versus the proponent. State law
requires that a card club has to be voted on by the electorate., A Council-
sponsored initiative gives the City the control over the proposed ballot
measure. In the event the Council does not want to call for a special
election, the proponent is required to gather the requisite signatures to
present a petition for an initiative. The advantage is the requirement that
the proponent demonstrate a significant interest in card clubs by obtaining
the necessary signatures. If the proponent gathers the signatures, the
Council is required to call for a special election and the timing and ballot
measure wording is out of the control of the City. He also reviewed the
control exercised over card clubs by both the city and state.
After further discussion on ballot measure wording, the proponent, Lloyd
Arnold also answered questions that had been asked at the council meeting of
February 8, 1993. He gave his personal assurance that the residents of
Cypress would have the first opportunity for employment during the
construction phase and at the card club, if they can qualify. The theater
will have over 500 seats and will be available to the citizens of Cypress.
The three individuals that own the race course will be the owners of the card
club and the sale of points in the club is not planned. Councilmember Bowman
mentioned that a draft ordinance would encompass the terms of transfer of
ownership. Mr. Arnold stated he would have no problem with that.
Responding to Councilmembers, Mr. Arnold advised that they plan to have a 4'
by 6' model of the entire 300 acres available for viewing at a trailer on
Katella Avenue.
After additional questions and answers from Mr. Arnold, Mayor Kerry reiterated
that the only issue before the Council is whether or not the City Council
places this issue on the ballot and if it does, the proponent will pay for the
election.
The City Attorney clarified that Mr. Arnold has proposed to the Council that
if they call for the Special Election he would assume the cost of the
election. If the Council required Mr. Arnold to gather the petition to place
the measure on the ballot, unless he chooses to assume the cost of the
election, the City will have to assume the costs of the election.
The following people spoke in favor of the City placing the measure on the
ballot and provided additional comments on card club audits, security and
election dates.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress
Mr. Michael Junio, 5681 Cathy Ln., Cypress, wanted the measure on the
ballot but was not sure who should put it there.
Mr. Michael Rippler, 6271 Barbados Ave., Cypress
Mr. George Hallak, 5452 Marion Ave., Cypress
Mr. Perry DeLuna, Los Angeles, one of the lessees for conducting harness
racing
Ms. Barbara Stubblefield, 5142 Citation Ave., Cypress
Mr. Bruno Metzger, 9923 Basilica Ct., Cypress
Mr. Jack Swank, 9849 Via Sonoma, Cypress
The following people spoke in favor of having Mr. Arnold acquire signatures to
petition the City to call a special election.
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CITY COUNCIL MINUTES February 22, 1993
Ms. Denise Sage, 9350 Esther St., Cypress
Mr. Jim Sage, 9350 Esther St., Cypress
Ms. JoAnne West, 9375 Cambridge St., Cypress
Ms. Debra Jones, 3052 W. Lynn, Anaheim
Mr. Joseph Hourigan, 6899 Tahiti Dr., Cypress
Mr. Anil Shah, 10252 Aurelia Ave., Cypress
Mr. Art Ordonez, 5143 Sequoia Ave., Cypress
Mr. Larry Hurst, 11321 Montserrat St., Cypress, urged the citizens of Cypress
to protest to the Governor and State representatives regarding their
irresponsible actions of taking money from cities to replace school district
money. He asked the City Council not to place this issue on the ballot. He
also asked the public hearing be continued for another two weeks because the
citizens have not had an opportunity to read staff reports. He presented
copies of some newspaper articles to the Council.
Testimony against the City Council placing the issue on the ballot continued.
Ms. Dana Siegel, 9950 Juanita St., Cypress
Ms. Carol Wynder, 9305 Cambridge St., Cypress
Mayor Kerry also urged the citizens to write their State legislators advising
them of their concern about the financial position of this state and the
citizens need to start fighting back. Mayor Kerry also commented on a card
club audit, card club security and the election dates. The City Attorney
again responded to the question on the initiative process vs. the Council
calling the election.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
close the public hearing. The motion unanimously carried by the following
roll call vote r
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Kerry recessed the meeting at 11:20 p.m. and reconvened the
meeting at 11:30, with all Councilmembers present.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to continue the City Council meeting past 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
Councilmember Bowman stated he would vote to put a card club measure on the
ballot because the City Council must control the issue in any ballot measure
and he wanted the City Council and the staff to write the ordinance so there
are no areas where a problem might be created. He also stated he didn't
believe Mr. Arnold would have a problem obtaining a sufficient amount of
signatures to place this on a ballot and it behooves the Council to have
control of this issue and the issue is whether or not the Council should write
the ordinance.
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
place on the ballot, the following wording: shall card clubs in which games
permitted by law such as draw poker, to-ball poker, pai gow are played be
allowed in the PS public/semi-public zone in the City of Cypress at a single
location located on the Los Alamitos race track property subject to a
conditional use permit and subject to a regulatory ordinance at the
applicant's expense.
Responding to Councilmember Nicholson, the City Attorney advised that his
concern was that if the proposed language was subject to a conditional use
permit and subject to a regulatory ordinance, there might be a legal issue as
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CITY COUNCIL MINUTES February 22, 1993
to whether that particular language is an excess of authority. He cautioned
the Council there are legal issues with respect to the validity of that
language. Councilmember Nicholson asked if "conditional use permit" wording
were deleted from the ballot measure wording, could it then be put in the
ordinance. The City Attorney stated that a conditional use permit will be
required if the proposal is to demolish the grandstand or the turf club.
Councilmember Bowman clarified that he wanted this to be a use permitted with
a conditional use permit and he concurred that the ordinance be separate from
inclusion in the motion. Councilmember Nicholson would support. the motion and
she stated that she wanted the people to decide whether they want a card club
or not. The City needs money, they need police and there's no place to cut
the budget. She spoke about the efforts the City has made to bring money into
the City and the money has to come from somewhere.
Councilmember Age spoke on the budget problems which have to be addressed by
the Council. She believed this measure would be very emotional and she asked
that the citizens look at both sides of the issue.
Councilmember Partin said that by state law, this issue has to be voted on by
the people, whether initiated by the Council or the proponent. There will be
major campaign mounted by existing card clubs and he would prefer to let the
people decide as quickly as possible and he is neither for it or against it.
The City is financially strapped, but he does not want the City to become
dependent upon card club funds for its operation. He will support the motion.
Mayor Kerry commented that there many issues, if Mr. Arnold wants a card club
in Cypress he will need to do a lot of educating. He has a right to present
his proposal to the entire community and five people should not make a major
decision like this for the community. She expressed concern over the
security, control over who the owners are, what constraints may be placed on
any change of ownership and as much of the race track money as possible should
go to a special fund. Everybody needs to have the right to vote on this
measure, she encouraged everyone to visit a card club, judge for themselves
and then vote.
The City Attorney suggested that the motion include the words "either on the
turf club facility or grandstand facility", if possible. Councilmember Bowman
concurred and stated that would be his intent. Responding to Councilmember
Bowman's question on the regulatory ordinance, the City Attorney would not
recommend that and Councilmember Bowman expressed his concern about not having
the card club subject to a regulatory ordinance. The motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 1 COUNCILMEMBERS: Age
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
to direct staff to begin preparation of a comprehensive regulatory ordinance,
which would not be effective until the initiative measure is approved by the
voters and which includes language authorizing the City to amend the ordinance
without submitting it to the vote of the people. 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 Nicholson and seconded by Councilmember Bowman
to direct staff to prepare the necessary resolutions to call for the election.
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
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CITY COUNCIL MINUTES February 22, 1993
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO 92-18, TENTATIVE TRACT MAP NO 14779 AND VARIANCE N0. 92-7 (CONSTRUCT NINE
TOWNHOME CONDOMINIUMS AT 8661 MOODY STREET): Mayor Kerry opened the public
hearing. The City Manager requested the Planning Director to present the
staff report dated February 10, 1993, which represented a request to develop
nine (9) townhomes at 8661 Moody Street. The applicant also requested
approval of a tentative tract map for the purpose of subdividing the property
for air space condominiums. In addition, this application included a request
for a variance from the City Code for reduced side building setbacks on the
ground level and the placement of a trash enclosure in the front setback area.
According to the requirements of the California Environmental quality Act, a
Negative Declaration with one mitigation measure will be filed for this
project. Notices of this public hearing were published, posted and mailed to
all property owners within a 300 foot radius. To date, two (2) adjacent
property owners have submitted letters in .support of the proposed project.
The Planning Director indicated that she wished to change Condition No. 44, to
read,."If the second story windows or balconies create a privacy problem for
adjacent property owners, measures shall be taken to resolve the problem...."
The issues to be discussed on this project are two story setbacks and the
trash enclosure in the front setback. Staff's concern is that if a variance
is approved, they are sure they will be receiving similar variance requests
because the lot size is similar to other projects in the area. Staff is
recommending that the City Council deny without prejudice Conditional Use
Permit No. 92-18, Tentative Tract Map No. 14779 and Variance No. 92-7 to allow
the applicant an opportunity to revise the site plan in compliance with City
Code.
After some discussion, Councilmember Nicholson commented that to her knowledge
all the condominium developments that she was familiar with did not have trash
enclosures and wondered why this project did. The Planning Director stated
that trash could be handled with the 60 gallon trash cans and it is an option
to have the trash enclosures.
Ed and Max Bonnani, Bonnani Development, 5622 Research Drive, Huntington
Beach, spoke on the two issues on Variance 92-7, the five foot setback and
trash enclosure within front and street side yard landscaped areas. He
contended that the project incorporated the code setback, i.e., five feet
first floor and 10 feet second floor. He noted that projects in the City had
been approved with five foot setbacks. He presented the Council with a
notebook citing the various five foot setbacks that were allowed in the
community.
After further discussion, the Planning Director requested direction on
setbacks for an area, since they are already in the process of reviewing and
revising the standards.
Councilmember Bowman advised that he didn't have a problem with the
applicant's proposal with the five foot setback. ,Councilmember Partin
concurred.
Responding to Mayor Kerry, the Planning Director stated that the applicant had
a nice project that didn't meet code so the only option was to see if a
variance applied. Therefore, Council has been provided with the findings for
a variance and Council may desire staff to do another study of the
neighborhood.
Mayor Kerry suggested the possibility of a study of the area. Councilmember
Nicholson asked if the two issues, the trash enclosure and the setback could
be separated and advised that she was against a trash enclosure and much
rather see the use of trash cans.
The City Attorney clarified that if resolution was sought on this project, the
basic premise is that the applicant does not satisfy the setback requirements
and is a variance appropriate to allow them to deviate from the code. If that
is a justification, the Council will have to make a finding to that effect.
If a variance is approved subject to those findings, then the project can be
approved as proposed. Staff can then be directed to make the study, return to
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CITY COUNCIL MINUTES February 22, 1993
Council and then make a decision outside this project to either amend the code
to require a five foot setback or leave it at ten feet.
After discussion, Councilmember Nicholson stated that the project does not
meet the specifications, even though it is a well-designed project and the
code should be studied.
Mr. Kaz Bagovic, architect on the project, stated that they do average ten
feet on the first floor and he referred to the code, which he stated should be
clarified.
Councilmember Age stated that, other than the trash enclosure, she could
support the project.
No one wished to speak in support of or opposition to the application.
The City Attorney suggested that an interpretation be made of the code section
and the item be continued and brought back to the Council with their making an
interpretation on those standards of the setback areas giving the council the
opportunity to look at the project to determine whether or not, overall, that
five/10 feet setback intent and then direct staff to make a code amendment to
reflect that interpretation.
The following findings were discussed:
1. That strict of literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship consistent with the objectives of this chapter; or
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved which do not generally apply to
other properties in the same zone; or
3. That strict or literal interpretation and enforcement
of the specified regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the same zone.
In addition, both of the following findings were made:
4. That the granting of the variance as conditioned will
not constitute the granting of a special privilege inconsistent with the
limitations on other properties in the vicinity classified in the same
zone; and
5. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
It was then moved by Councilmember Bowman and seconded by Councilmember Age to
close the public hearing, certify the negative declaration and approve
conditional Use Permit 92-18, Tentative Tract Map No. 14779 and Variance 92-7,
subject to conditions in Exhibit A. He stated that it appeared to be a very
attractive project and the City should be encouraging business. He would
approve the project, deny placing the trash enclosures in the landscaped
setback areas in the RM-20 Zone to be put in the CC&Rs and include "balconies"
in Condition No. 44.
After additional discussion, the City Attorney advised that by finding that a
variance exists, the Council is applying that variance to this specific
project alone.
Councilmember Partin called for the question and the motion carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Partin and Kerry
NOES: 1 COUNCILMEMBERS: Nicholson
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES February 22, 1993
CONSIDERATION OF PUBLIC HEARING RE• VACATION OF PORTIONS_OF SAINT ANN AVENUE,
VONNIE LANE, DANNY AVENUE, CYPRESS AVENUE, SPRAGUE AVENUE, AND LA HOMA STREET,
PUBLIC WORKS PROJECT N0. 9256. Mayor Kerry opened the public hearing. It was
moved by Councilmember Age and seconded by Councilmember Partin to continue
th is item to 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
CONTINUATION OF CONSIDERATION OF SCHEDULING INTERVIEW SESSION FOR APPOINTMENT
TO THE RECREATION & COMMUNITY SERVICES COMMISSION. It was moved by
Councilmember Nicholson and seconded by Councilmember Bowman to continue this
item to the adjourned meeting of March 15, 1993 at 5:00 p.m in the
Administrative Conference Room. 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 APPOINTMENTS TO THE NONCONFORMING USES HEARING BOARD. The
staff report dated February 16, 1993 indicated that the City Council had
conducted oral interviews of five applicants for appointment to the
Nonconforming Uses Hearing Board.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
appoint Mrs. Elsie Carruthers, Mr. Thomas Schultz and Mr. Robert Cesario to
the hearing board. 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 PLANNING DEPARTMENT REORGANIZATION. The Planning Director
presented the staff report dated February 16, 1993, which described a plan to
implement organizational changes in the Planning Department to facilitate
economic development in the City of Cypress. The proposed changes included a
redistribution of the planning directors hours, the addition of a contract
assistant planning director, part-time office assistant and part-time intern.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
that:
1. The City Council direct staff to return with the appropriate
implementing resolutions; and
2. The City Council authorize the appropriation of $25,000 to 4018-11-
192.06 and $27,500 to 4189-11-192.06 from the fund balance of the
General Fund, offset by estimated revenues from A62766, a restricted
account.
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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 3081 -
3328. It was moved by Councilmember Bowman and seconded by Councilmember
Nicholson to approve Warrants No. 3081 through 3328 in the amount of
$1,071,266.48. The motion unanimously carried by the following roll call
vote:
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CITY COUNCIL MINUTES February 22, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Kerry recessed the meeting at 1:23 a.m. to allow the Council to
act as the Cypress Redevelopment Agency. The meeting reconvened at 1:25 p.m.
with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
CLOSED SESSION: Mayor Kerry recessed the meeting at 1:30 a.m. to enable the
Council to enter into Closed Session to discuss personnel and litigation
matters. The meeting reconvened at 1:45 a.m. with all Councilmembers present.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 1:45 a.m. to 4:30 p.m.,
March 8, 1993, in the Administrative Conference Room.
Jf7`-
MAYOR OF THE CITY PRESS
ATTEST:
CITY C ERK F HE CI Y CYPRESS
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