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Minutes 93-03-08 T~- MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 8, 1993 The Regular Meeting of the Cypress City Council was called to order at 4:33 p.m., Monday, March 8, 1993, in the Administrative Conference Room, City Hall, West Wing, 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, staff members Barrett and Crisp and CATV Commissioners Glass, Martin, Parish and Spurgeon. JOINT MEETING WITH THE CYPRESS CATV COMMISSION: Chairman Martin introduced the first item on the Agenda which was the ascertainment study of concerns and issues that the community might wish to see addressed on our public channels. He explained the requirements of the Franchise agreement for the study and the requirement of Copley/Colony to make the study. Several additional issues relating to cable system and cable programming were discussed, the grants program for access producers on public access channels, keeping of separate records on Channels 57 and 3, which are the public access and local origination channels; some issues that deal with areas of the City that are not being served by Copley/Colony. Several of the items discussed will be on future Agendas for further Council action. RECESS: Mayor Kerry recessed the meeting at 5:35 p.m. to enable the Council to meet in the Council Chamber. The meeting reconvened at 5:45 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Responding to Councilmember Age's question on the CAT program, the Police Chief explained the sticker identified vehicles that were not to be driven within specified hours and if the vehicle was driven within those hours, it was subject to stop by the law enforcement agency that has jurisdiction. CONSIDERATION OF RENEWAL OF CONTRACT FOR BLOOD ALCOHOL TESTING: The Police Chief summarized the staff report dated February 24, 1993, which indicated that the Police Department utilized California Forensic Phlebotomy for testing the blood alcohol levels of arrested drunk drivers. The contract expired February 28, 1993 and contract renewal is requested. The fee for a completed blood alcohol examination will be increased to $42.50 effective June 25, 1993. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to authorize the renewal of the contract for blood alcohol testing to California Forensic Phlebotomy, 2401 East 17th Street, Suite 179, Santa Ana, California 92701, for the period March 1, 1993 to June 24, 1993, at a cost of $40.00 per examination and for the period June 25, 1993 to February 28, 1994, at a cost of $42.50 per examination. 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 PURCHASE OF CYPRESS SENIOR CITIZENS CENTER FURNITURE REQUEST FOR QUOTATION NO 9293-7: The Recreation and Park Director presented the staff report dated February 26, 1993, which advised that six bids were received for 450 Virco padded stack chairs for the Senior Citizens Center Auditorium and 75 non-padded chairs for the Arts & Crafts Room. It was moved by Councilmember Partin and seconded by Councilmember Nicholson that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1. Accept the award of contract for the above listed bidders. 1 ~ "T-~ CITY COUNCIL MINUTES March 8, 1993 2. Authorize staff to issue a purchase order for the p~:~.hase of Virco Products 450 stack chairs, 2 chair dollies and 3 ch~~~r trucks from Disco Print Supply Co., 1891 Alton Avenue, Irvine, CA 92T.<.~-8887, for the Cypress Senior Citizens Center, in the amount of $19,044.39, from Account 4104-12-521.24. 3. Authorize staff to issue a purchase order for the purchase of American Products 74 stack chairs and 2 chair dollies from Ea::~man, Inc., 3366 East Willow Street, Signal Hill, CA 90806 for the Cypress Senior Citizens Center, in the amount of $4,560.72, from Account 4104-12- 521.24. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nici~olson, 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 ~y one motion approving the recommendations listed on the Agenda. Councilmember Age requested Items 7 and 12, Consideration of C~Iaim Filed by the St. Paul Fire & Marine Insurance Company, On Behalf of Their Insured, Cypress Golf Club and Consideration of Council Approva of Contract Change Order No. 7 - Senior Citizens Center, respectively, be removed. Councilmember Bowman asked that Item No. 10, Consideration of Authorization ror Personnel Director to Attend the NPELRA Annual Conference be pulled and Mayor Kerry pulled Items 9 and 15, Consideration of Resolutions 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 Street Projects and Consideration of Senior Citizens Center Dedication, respectively. It was moved by Councilmember Nicholson and seconded by Councilmember Age to approve the Consent Calendar Items No. 3 through 15 with the exception of Items No. 7, 9, 10, 12 and 15. 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. 3: Motion to Approve City Council Minutes of the Regular Meeting of February 22, 1993. Recommendation: That the City Council approve the Minutes of February 22, 1993, as submitted. Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 5: Consideration of Design Review Committee's Approval of DRC #93-5. Recommendation: Receive and file. Item No. 6: Consideration of an Application for Alcoholic Beverage License ' Filed by Akio Fujimori, President/Director of ANM Enterprises, Inc., 10953 Meridian, Suite 1J & 1K, Cypress. Recommendation: That the City Council receive and file this application, contingent upon the City Council's approval/disapproval of Conditional Use Permit No. 92-19 and Variance No. 93-1, scheduled for a Public Hearing at the March 8, 1993 City Council meeting. Item No. 8: Consideration of Monthly Investment Program for the Month of January 1993. 2 ti a w CITY COUNCIL MINUTES March 8, 1993 Recommendation: Receive and file. Item No. 11: Consideration of CATV Commission's Recommendation of School Video Contest Awards. Recommendation: That the City Council authorize the school video contest awards in an amount not to exceed $200. Recreation and Park District Matters: Item No. 13: Consideration of Audit Report of the Cypress Recreation and Park District for the Period Ended June 30, 1992. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, receive and file said report. Item No. 14: Consideration of Donation of Funds Received from the Woman's Club of Cypress. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $150.00 from the Woman's Club of Cypress; and 2) Appropriate $150.00 from the Cypress Recreation and Park District's General Fund Balance to 4104-12-521-24 for the purpose of a tree for the new Senior Center Complex development. END OF CONSENT CALENDAR Regarding Item No. 7, Consideration of Claim Filed by the St. Paul Fire & Marine Insurance Company, On Behalf of Their Insured, Cypress Golf Club, Councilmember Age requested this item be discussed in Closed Session. With regard to Item No. 9, Consideration of Resolutions 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 Street Projects, Mayor Kerry asked if all the street improvements were being submitted. The Public Works Director replied that this is a five-year program that the OCTA requested be submitted and if the requests were not submitted at this time, the City would not be eligible for consideration. There is no guarantee that the City will receive any of them. It was moved by Councilmember Partin and seconded by Councilmember Age to: 1. Authorize staff to submit to the Orange County Local Transportation Authority the following projects: Valley View Street Rehabilitation, Northbound, from Stanton Channel to Katella Avenue; Valley View Street, Southbound, from Cerritos Avenue to Katella Avenue; Ball Road and Valley View Intersection Improvement; Cerritos Avenue and Knott Avenue Intersection Improvement; Orangewood Avenue and Knott Avenue Intersection Improvement; Cerritos Avenue Rehabilitation from Walker Avenue to Valley View Street; Katella Avenue Rehabilitation, Westbound, from McDonnell to Siboney; Lincoln Avenue Rehabilitation, Westbound, from 200' east of the Railroad Crossing; 2. Adopt the Resolutions by title only, titles as follow, requesting the Orange County Local Transportation Authority and the Board of Supervisors to include the above projects within the Orange County Combined Transportation Funding Program; and 3. Authorize staff to proceed with all the required preparation to implement those projects designated for Fiscal Year 1993-94. RESOLUTION N0. 4148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF BALL ROAD AND VALLEY VIEW STREET INTERSECTION IMPROVEMENT 3 v CITY COUNCIL MINUTES March 8, 1993 PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF CERRITOS AVENUE AND KNOTT AVENUE INTERSECTION IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF CERRITOS AVENUE BETWEEN WALKER AND VALLEY VIEW PAVEMENT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION N0. 4151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF KATELLA AVENUE WESTBOUND BETWEEN MCDONNELL AND SIBONEY PAVEMENT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF LINCOLN AVENUE BETWEEN WATSON AND 200 FEET EAST OF RAILROAD CROSSING PAVEMENT IMPROVEMENT PROJECT FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF ORANGEWOOD AVENUE AND KNOTT AVENUE INTERSECTION IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF VALLEY VIEW STREET NORTHBOUND BETWEEN KATELLA AND STANTON CHANNEL PAVEMENT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION N0. 4155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF VALLEY VIEW STREET SOUTHBOUND BETWEEN CERRITOS AND RAILROAD CROSSING PAVEMENT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION N0. 4156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF WALKER STREET BETWEEN CERRITOS AND KATELLA PAVEMENT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. 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. 10, Consideration of Authorization for Personnel Director to Attend the NPELRA Annual Conference, Councilmember Bowman asked 4 C~ ~ ' ti ~ J CITY COUNCIL MINUTES March 8, 1993 the cost of the trip and was advised it would be between $1,200 and $1,500. He stated he would not support this item in light of the current fiscal situation of the City. The Personnel Director is still in contract negotiations, and Councilmember Bowman felt that most of the issues affecting Cypress were California issues. It was moved by Councilmember Bowman and seconded by Nicholson to deny the Personnel Director's trip to the NPELRA Annual Conference. 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 Regarding Item No. 12, Consideration of Council Approval of Contract Change Order No. 7 - Senior Citizens Center, Councilmember Nicholson asked for the original budgeted amount and how much had been spent to date. The Finance Director clarified that initially a set dollar amount was established for the total Senior Center construction based on the revenues that would be received from various sources. With this current change order, they are still within the $3.1 million budgeted. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to approve the work outlined in C.C.O. No. 7 in the amount of $48,766.00. 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 In regard to Item No. 15, Consideration of Senior Citizens Center Dedication, Mayor Kerry wanted to be assured that all the prior members of the Senior Citizens Commission would be involved with the ceremony as well as the current Commissioners. It was moved by Councilmember Nicholson and seconded by Councilmember Age that the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, approve June 12, 1993 as the date for the Senior Citizens Center dedication. 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 ORDINANCES (Second Readings & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving CUP No. 92-18. RESOLUTION N0. 4157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 92-18 - WITH CONDITIONS (CONSTRUCT NINE TOWNHOME CONDOMINIUMS AT 8661 MOODY STREET). 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 It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving Tentative Tract Map No. 14779. 5 ~ ~r ~ CITY COUNCIL MINUTES March 8, 1993 RESOLUTION N0. 4158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP N0. 14779 - WITH CONDITIONS (8661 MOODY STREET). 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 Nicholson to adopt a Resolution by title only, title as follows, approving Variance regarding the reduction of side building setbacks. RESOLUTION N0. 4159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS REGARDING THE REDUCTION OF SIDE BUILDING SETBACKS ON THE GROUND LEVEL (8661 MOODY STREET, VARIANCE N0. 92-7) 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 adopt a Resolution by title only, title as follows, denying a Variance for the placement of a trash enclosure in the front setback area. RESOLUTION N0. 4160 ` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS FOR THE PLACEMENT OF A TRASH ENCLOSURE IN THE FRONT SETBACK AREA (8661 MOODY STREET, VARIANCE N0. 92-7). 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 CLOSED SESSION: Mayor Kerry recessed the meeting at 6:07 p.m. to enable the Council to enter into Closed Session to discuss personnel and litigation matters. The meeting reconvened at 7:35 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 Bowman. The City Manager advised that the Council met at 4:30 p.m. in a joint meeting with the CATV Commission. He then reviewed those actions taken by the Council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed discussions held during Closed Session on an adjudicatory proceeding on a claim with St. Paul Fire & Marine Insurance Co., workers'. compensation action involving Walter Langlinais, discipline of Police Officer Charles Sheppard, labor negotiations, threatened litigation and current litigation of Stanton vs. City of Cypress. 6 - ~ f~7 f; ; CITY COUNCIL MINUTES March 8, 1993 ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, asked about the implementation of a request for video cameras on Police cars, which was approved last year. The Chief responded that the purchase of video cameras has been approved in principle; however, the appropriation of those funds is pending but the issue has not been dropped. Mr. Joe Hourigan, 6899 Tahiti Dr., Cypress, co-chairman of Cypress Citizens Against Card Clubs, introduced the group to the Council, read a press release about the group and their position on the card clubs. He extended an invitation to any Councilmember to speak for their side of the issue and their support. The group wisherd to write the argument against the card club as well as any rebuttal. Mrs. Bernice Place, 6572 Biak St., Cypress, stated she was the co-chair for voter registration of the group and they were only going for votes from Cypress citizens. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, brought up the Personnel Director's trip to Florida and was informed by Councilmembers that the trip was cancelled. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. Acting upon Item No. 7, Consideration of Claim Filed by the St. Paul Fire & Marine Insurance Company, On Behalf of Their Insured, Cypress Golf Club, it was moved by Councilmember Nicholson and seconded by Councilmember Partin 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 Public Hearing Items No. 20 and 23 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 25, 1993, indicated additional time was required to incorporate suggested changes into the final draft ordinance for consideration by the City Council. It was moved by Councilmember-Age and seconded by Councilmember Bowman to continue this item to the March 22, 1993 Council meeting. 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 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: The Public Hearing was opened by Mayor Kerry. The Public Works Director summarized the staff report dated February 24, 1993, and a visual aid which described the subject streets and the vacation of excess right-of-way for those streets was shown. Staff had received one verbal objection to the vacation. Utility companies have requested that an easement for public utility purposes be reserved in the area of the vacation and an easement for sidewalk purposes will also be reserved. Affidavits of posting and publication of these notices are on file in the Office of the City Clerk. Mayor Kerry asked if anyone wished to speak in support of the vacation. 7 CITY COUNCIL MINUTES March 8, 1993 Mr. Mark Ashoori, 5541 Saint Ann Avenue, Cypress, voiced his support of the vacation and stated he had signatures of his neighbors that were also in favor of the vacation. The-Mayor asked if anyone wished to speak in opposition to the vacation. Mr. Leon Taylor, 5712 Danny Avenue, Cypress, explained that the property was originally dedicated to the County when the tract was built and asked if tract maps would have to be filed because that is the way his deed reads. The City Attorney advised that when there is a vacation, there is an operation by law and the property reverts to the property owner. When the vacation is recorded, that adjusts the property and the title change is automatic. No one else wished to speak in support of or in opposition to the vacation. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and adopt a Resolution by title only, title as follows, vacating portions of Saint Ann Avenue, Vonnie Lane, Danny Avenue, Cypress Avenue, Sprague Avenue and La Homa Street. RESOLUTION N0. 4161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING PORTIONS OF SAINT ANN AVENUE, VONNIE LANE, DANNY AVENUE, CYPRESS AVENUE, SPRAGUE AVENUE, AND LA HOMA STREET. 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. 93-2, UNMANNED CELLULAR TELEPHONE FACILITY, 9031 GRINDLAY STREET: The public hearing was opened by Mayor Kerry. The City Manager called upon the Planning Director to present the staff report dated March 2, 1993, which represented a request to construct an unmanned cellular telephone facility (cell site} which included a 60 foot high utility monopole, a maximum of 21 small cellular antennas, five whip antennas and three microwave dishes on the pole,. a 12' x 30' equipment enclosure and a decorative block wall. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. The applicant, PacTel Cellular, proposed to install, operate and maintain an unmanned cellular telephone facility at 9031 Grindlay Street. The use of the property for the proposed facility is subject to the approval of a lease agreement between the applicant and the property owner, the Cypress Redevelopment Agency. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the parcel. To date, staff has not received any communication regarding this project. Staff feels the proposed cellular telephone facility, as conditioned, is compatible with the surrounding development and with City codes and policies. Responding to Councilmember Nicholson, the project planner, Kori Palmer replied that the air conditioning equipment is not fully enclosed but surrounded by a block wall. She showed slides of the proposed facility. Mr. John Bitterly, Zoning Consultant for PacTel Cellular, 3 Park Plaza, 7th Floor, Irvine, explained that the reason for this site is that PacTel has a need for a facility in this particular area of the City of Cypress for cellular coverage because there is a blank area with relatively poor reception. He agreed completely with the staff report and the conditions attached, with the exception of Condition No. 4 and advised that, at this time, they are exempt from Title 24. He volunteered to answer .any questions from the Council. Councilmember Bowman asked if they had sought an industrial site that would be more compatible. Mr. Bitterly stated they had looked extensively and once the 8 " . ! f~ i; r . tiv CITY COUNCIL MINUTES March 8, 1993 system was in, there are very limited locational requirements that can be met and 400 yards would make a great difference. The City Manager mentioned the other concern of staff for the location of this type of facility in the redevelopment area might require it to be recycled and create problems with structures being built around it. Mr. Bitterly stated that the reason they don't locate north of Lincoln Avenue is a combination of distance from the L. A. Cellular site and being in a redevelopment area. No one wished to speak in support of the. project. Mayor Kerry asked if anyone ~+~ished to speak in opposition to the project. Mr. Gerald Cleland, 6242 San Lorenzo, Buena Park, representing Calvary Chapel, asked about the radiation impact on children and interference that might involve the sound system in the church sanctuary. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, mentioned interference caused by CBs with the church sound system and suggested the question be carefully considered. Ms. Laurie Wightman, 5022 Olga Ave., Cypress, spoke in favor of the project as she is having had difficulty with reception in the area on her cellular phone. Mr. Larry Levine, PacTel Cellular Representative, 3 Park Plaza, 7th Floor, Irvine, advised he has been involved with about 100 sites throughout Southern California and stated that they have had never had problems with TV reception or reception of any sort. There are approximately 300 sites throughout Southern California and PacTel has a duty to customers with a responsibility to maintain the best possible service. He volunteered to answer questions from Council. Ms. Lourdes Vargas, PacTel RF Engineer, 3 Park Plaza, Irvine, spoke on the question of radiation, and advised that the facility would meet all the Federal Communications Commission requirements. They do maintain and regulate their requirement to insure they meet those standards. PacTel has a band within whose boundaries they must stay and they do not interfere with other systems. No one else wished to speak. Councilmember Nicholson stated that she would not support the project. The City is spending $3.1 million for a Senior Center and she does not want to see this tower next to it and suggested they find another location. The Planning Director mentioned those sites that had been explored with the applicant. Councilmember Bowman concurred with Councilmember Nicholson and he stated that next to the new Senior Center was not an appropriate site. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and deny Conditional Use Permit No. 93-2. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Kerry NOES: 1 COUNCILMEMBERS: Partin ABSENT: 0 COUNCILMEMBERS: None Mayor Kerry mentioned if there was a reason that the permit was not denied without prejudice. Councilmember Bowman amended his motion to deny the permit without prejudice and Councilmember Nicholson concurred. The amended motion carried by the following roll call vote: 9 , / , i,. 1h ~;f ~ CITY COUNCIL MINUTES March 8, 1993 AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Kerry NOES: 1 COUNCILMEMBERS: Partin ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 92-19 RESTAURANT WITH BEER AND WINE, AND VARIANCE 93-1, REDUCTION IN REQUIRED PARKING, 10953 MERIDIAN DRIVE, SUITE 1J: The public hearing was opened by Mayor Kerry. The staff report dated March 3, 1993 indicated that staff has requested this item be continued. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the March 22, 1993 City Council meeting. 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 CONSIDERATION OF ADOPTION OF RESOLUTIONS REQUIRED FOR THE CONDUCT OF THE JUNE 8, 1993 SPECIAL MUNICIPAL ELECTION: The City Clerk reviewed the staff report dated March 3, 1993, which included copies of the three Resolutions regarding the Special Municipal Election to be held on June 8, 1993 on the card club proposal. The City Attorney suggested that more specific ballot measure language could be included as far as the location of the proposed card club. He provided additional language for clarification, as follows: "....at a single location located on any portion of either the grandstand facility and/or the turf club facility at the Los Alamitos Race Track." Councilmember Bowman questioned the word "facility" and he expressed concern that this could mean the entire property and wanted language to narrow down the specific area. The City Manager suggested that the word "structure" replace the word "facility." After some additional discussion, the City Attorney proposed the following language: "...subject to a Conditional Use Permit in the City of Cypress at a single location located on any portion of either the grandstand structure and/or the turf club structure at the Los Alamitos Race Track...." He advised that this language should be inserted in Resolution (c) also. The City Clerk mentioned that there may have to be a rewording of Resolution (c) in the event the Council does not wish to file an argument. There was some discussion on additional language about a card club existing only as long as live horse racing is conducted on the premises and Councilmember Age suggested language to that effect be placed in a Development Agreement. The City Attorney advised that this concern could be addressed in another document. It was moved by Councilmember Nicholson and seconded by Councilmember Partin to adopt Resolution (a) by title only, title as follows, calling and giving notice of the Special Municipal Election to be held on June 8, 1993, as amended. RESOLUTION N0. 4162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 8, 1993, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CARD CLUB PROPOSAL. The motion unanimously carried by the following roll call vote: 10 - l i r . ?y i~y CITY COUNCIL MINUTES March 8, 1993 AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None On the second Resolution, Councilmembers had questions about the City being reimbursed for the election and possibly that fact be reflected in the resolution. The City Manager suggested that a separate resolution be written to cover the applicant's payment of the election expense for Council's approval. The resolutions before Council now cover only a portion of those election expenses. The City Attorney advised that the resolutions before the Council this evening are sufficient for the calling of a special election. A separate agreement with Lloyd Arnold is needed confirming that he will pay all the costs of the election and the City Attorney will have that agreement at the next meeting. It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, requesting the Orange County Board of Supervisors render specified services. RESOLUTION N0. 4163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 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 In discussing the third Resolution, Councilmember Bowman remarked that he was not in favor of the Council, as a body, writing an argument for either side. Councilmember Age concurred. The City Manager advised that Section 1 would then have to be amended so there was no reference to the City Council. The City Attorney suggested deleting the wording, "members of that body." It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, authorizing certain members of the City Council to file arguments and the City Attorney to prepare an impartial analysis, with the wording "members of that body" deleted and including the amendment made to Resolution (a). RESOLUTION N0. 4164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE FILING OF A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. 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 STATUS OF CYPRESS HIGH SCHOOL CARNIVAL PERMIT: Mayor Kerry had requested this matter be placed on the March 8, 1993 City Council .agenda for discussion. The Planning Director reported that a phone call was received today and the request for a permit is on hold and they will let the City know in about a week as to whether they plan to continue with the request. 11 i , , CITY COUNCIL MINUTES March 8, 1993 Mayor Kerry stated that she understood permits of this .nature were to come back to the Council for approval. The Planning Director explained the process for the temporary use permit and these permits may go to the Council, if they wish to hear it. Mayor Kerry stated her concern was the short period of time that was available to discuss this issue. Discussion should be held now to determine whether Council believed this type of event is appropriate at the high school considering the complaints received in the past. Councilmember Bowman stated they have moved the location of the carnival to behind the school and he doesn't have a problem with the event or staff approving it. Councilmember Nicholson reported that she had heard that in the past there had been problems with people out of the area coming to the carnival causing disturbances. Responding to Councilmember Age, the Police Chief replied that in the past, the main problem was the congregating of young people. Any costs associated with police patrolling the event would be billed to the Cypress High School and the Police Department does have the authority to shut down the event should it become necessary. After some discussion, Mayor Kerry commented that she felt the race track grounds was a better site because it wouldn't cause problems with neighbors. Councilmember Partin stated that staff should handle the permitting for this year and if it doesn't work, then the permit can be denied or the event moved elsewhere. Councilmember Age concurred and stated that it can be reevaluated after this carnival. The Recreation and Park Director advised that he didn't believe that the school had checked with the Recreation and Park District on the use of that particular area and he expressed concern about the damage that will be caused to the fields. It was moved by Councilmember Nicholson and seconded by Councilmember Age to receive and file the report dated March 3, 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 CONSIDERATION OF DISCUSSION REGARDING THE CITY'S GRAFFITI REMOVAL ORDINANCE: Mayor Kerry requested that this item be placed on the March 8, 1993 Council agenda for discussion. The City Manager noted that staff had not received a copy of the City of Anaheim's ordinance. Staff is presently studying the issue of graffiti and they are planning to integrate the City Attorney's report with reports from affected departments. Mayor Kerry felt a Council discussion of the issues would provide staff with additional guidance to prepare a revised ordinance. The Police Chief advised that currently graffiti is strictly related to the Penal Code. The Police~Department is looking at all aspects from how it happens, eradication and ways to deal with perpetrators once they are apprehended. An increase in the reward money will be implemented as part of the comprehensive ordinance. Responding to Mayor Kerry's question on possession of spray cans and other markers, the City Attorney reported that it is questionable, at this point, whether the City would be pre-empted under state law to regulate possession because it is not clear whether the City can draft additional language. Mayor Kerry suggested some language that would indicate possession of opened items on public property that would allow the police to handle the situation. Councilmember Bowman expressed the opinion that control of the sale of spray cans, markers, etc. would not have any effect. The problem should be handled at the point the crime is committed. 12 CITY COUNCIL MINUTES March 8, 1993 After further discussion, Council requested that the revised ordinance establish a graduated fine level with a minimum fine of $500 so with each conviction the fine becomes more and more severe. It was moved Councilmember Nicholson and seconded by Councilmember Age to receive and file the staff 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 At Mayor Kerry's behest, Mr. George Urich approached the podium and urged that the City Attorney's impartial analysis regarding the card club issue include the impact on schools. CONSIDERATION OF ADDITION OF RETAIL COMMERCIAL AND SERVICE USES TO LIST OF PERMITTED USES WITHIN PC-1 PLANNED COMMUNITY ZONE: The Planning Director summarized the staff report dated February 23, 1993, which described a request for the placement of a dental office within the Target Shopping Center located at 6929 Katella Avenue, in the PC-1 Business Park Planned Community Zone. After researching the Specific Plan for this area, it as noted that medical and dental offices were not listed as permitted uses within this zone. At this time, staff is recommending that Section 2.V. be amended to read, "Retail commercial, office and service uses within an existing approved shopping center unless a conditional use permit is required," which would allow those uses typically permitted within commercial centers. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to determine that the addition of retail commercial, office and service uses to the list of permitted uses within the PC-1 Zone is similar to and will be no more detrimental than existing permitted or conditional uses within the Planned Community Industrial/Commercial Zone #1. 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 THE CITY'S FUEL FACILITY SERVICES TO OTHER AGENCIES: The Assistant City Manager reviewed the staff report dated March 2, 1993, which indicated that direction was given staff to recalculate the charges to other agencies who may wish to purchase gas from the City's new fuel facility. The Cypress School District would be interested in purchasing approximately 1,000 gallons per month and the City of La Palma has indicated an interest in purchasing approximately 100 gallons each month. The recommended policy is to add 15% to the cost of gasoline plus a special overhead cost of 10 cents per gallon for the cost of insurance on the fuel facility. It was moved by Councilmember Partin and seconded by Councilmember Age to authorize the City to sell fuel to other agencies based upon our current cost of gasoline plus a 15% administrative charge and 10 cents per gallon for insurance. 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 DISCIPLINE APPEAL - CHARLES SHEPPERD POLICE OFFICER: The Personnel Director summarized the staff report dated March 2, 1993, which represented a request for an appeal of a disciplinary action and the request for an evidentiary hearing. It was moved by Councilmember Bowman and seconded by Councilmember Partin to designate a Hearing Officer and coordinate said appeal hearing of Charles 13 ti tj~ ~ ~A ~.~.C/ CITY COUNCIL MINUTES March 8, 1993 Shepperd and return to the City Council with a recommendation for adoption. 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 RESOLUTION PROTESTING THE STATE CUTBACKS AGAINST LOCAL GOVERNMENTS: Mayor Kerry requested that this matter be placed on the March 8, 1993 City Council agenda for discussion. She remarked that she would like the draft resolution to clearly state how much money the City has lost the last few years and sent to all the legislators representing this area. The City Manager advised that staff will review and come back to Council. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, protesting State cutbacks against local governments, as amended. RESOLUTION N0. 4165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROTESTING THE STATE CUTBACKS AGAINST LOCAL GOVERNMENTS. 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 announced that a FAX was received from the Orange County League of Cities advising they are setting up meeting with all the State legislators on specific information from each City on the budget impacts. The first meeting will be with Doris Allen on Friday, March 12 at 10:00 a.m. and the presence of the Mayor and City Manager is requested. CONSIDERATION OF AMENDING THE SOLICITATION HOURS FOR THE SALE OF DOMINIC'S PIZZA COUPON BOOKS: The City Manager summarized the staff report dated March 3, 1993, which represented a request from Mrs. Angela Cesario of the Dominic's Pizza, requesting that the solicitation hours for the sale of their coupon books, as approved by a Special Permit, which expires on April 29, 1993, be amended from the approved 9:00 a.m. - 6:00 p.m. to 2:00 p.m. - 8:00 p.m. In the past, door-to-door solicitation permits have been approved with the condition that the solicitation hours be limited to 9:00 a.m. to 6:00 p.m. (daylight hours only). Councilmember Age commented that she would be amenable to extending the hours from 2:00 p.m. to 7:00 p.m. and 9:00 a.m. - 6:00 p.m. on the weekends. Councilmember Nicholson stated she was not willing to change the hours. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to deny the request for a change in hours of solicitation for sale of Dominic's Pizza coupon books. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age, Nicholson and Partin NOES: 2 COUNCILMEMBERS: Bowman and Kerry ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 3330 - 3539: It was moved by Councilmember Age and seconded by Councilmember Nicholson to approve the Warrants No. 3330 through 3539 in the amount of $1,168,285.86. 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 QRAL COMMUNICATIONS; For Matters Not on the Agenda. Mayor Kerry mentioned that she and Councilmember Nicholson attended a special meeting for OCTA at the Fluor facility on Urban Rail. 14 f . CITY COUNCIL MINUTES March 8, 1993 She also mentioned a newspaper article about a proposed bill by Assemblyman Gil Ferguson regarding making it a felony to dispense pornographic publications through newspaper vending machines. She requested staff provide Council with more information on that legislation. Mayor Kerry produced a letter from Senator Lewis regarding a change in the SCAG voting requirements from a double 2/3s vote to a double majority vote. She asked Council if there would be a consensus on having a letter drafted for her signature and Council concurred. She mentioned the lawsuit by the City of Alhambra regarding redevelopment monies, the constitutional authority of the State to take those monies and they asked all cities to write letters urging the Supreme Court hear this matter. The City Attorney will address this issue. She also mentioned a meeting in Brea on Community Services conferences to discuss ways of funding. One of the speakers is the co-author of "Reinventing Government." 'his item will be placed on the next agenda. Chief Wicker reported on the issue of response to civil disobedience and disturbance that has been so important recently and it has been several years since law enforcement and the communities had experienced such activity. He named the educational tools available to law enforcement for their training. The evaluation of law enforcement's response to those issues last year has created contingency planning. The planning is almost on a daily basis and that effort will continue. The Cypress Police Department has trained one Sergeant and one Police Agent and additional training will be done in-house on riot control and civil disobedience. Two new items have been adopted in their defensive tactics: use of a chemical agent and the use of a short-handled baton. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda CLOSED SESSION: Mayor Kerry recessed the meeting at 10:30 p.m. to enable the Council to enter into Closed Session for matters of personnel and litigation. The meeting reconvened at 10:55 p.m. with all Councilmembers present. ADJOURNMENT: The meeting was adjourned at 10:55 p.m. to 4:30 p.m., Monday, March 15, 1993, in the Administrative Conference Room. MAYOR OF THE CITY ESS ATTEST: i~ ~ - 1 CITY CLE THE CI OF CYPRESS 15