Minutes 93-04-26 r.~~iy.n
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 26, 1993
The Regular Meeting of the Cypress City Council was called to order at 4:30
p.m., Monday, April 26, 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 member Palmer.
WORKSHOP SESSION: Air Quality Management Plan Update
The City Manager introduced Mr. Daryl Halls, League of California Cities,
Orange County Division, who made a presentation on the Federal and the
California Clean Air Acts, providing a brief description on the background of
the legislation and elaborated on the written materials he provided to the
Council. He reported that the three areas to be explored by Council are
bicycle improvements, land use measures and any enhancement of their ride
share programs. Kori Palmer, Assistant Planner, reviewed some of the
strategies for all the cities to discuss with a deadline of June 30 for an
initial letter that has to come from each city to the Air Quality Management
District outlining what types of mitigation measures will be considered for
adoption to address the air quality problems. The City Manager suggested that
prior to the Council's next workshop on AQMD, staff could provide a suitable
first letter outlining the strategies under consideration to meet the
attainment goals.
There followed a question and answer period between Council and staff members
with Council reviewing the materials that were submitted and agreeing that
another workshop be held prior to the June 30 deadline to further address the
issue.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF SELECTION OF FIRM TO PROVIDE AUDIT SERVICES: The City
Manager presented the staff report dated April 13, 1993, which requested an
appointment of one of the two auditing firms interviewed at the last meeting.
It was moved by Councilmember Partin and seconded by Councilmember Age to
select the audit firm of Diehl, Evans and Co. and award a contract for their
auditing services for three fiscal years, starting with FY 92-93. 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 CONTINUATION OF SUPPLEMENTAL PLAN REVIEW SERVICES: The
Public. Works Director summarized the staff report dated April 15, 1993, which
described the services utilized by the Department for a structural plan check
firm to perform the supplemental structural plan review of building projects.
It was recommended that the existing agreement with Willdan Associates be
extended for an additional one year period, with annual renewals by mutual
consent.
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
authorize the extension of the contract with Willdan Associates, 12900
Crossroads Parkway South, Suite 200, Industry, California 92746, for
supplemental structural plan review services on an as-needed basis for a one
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CITY COUNCIL MINUTES April 26, 1993
(1) year period, expiring on April 27, 1994, at the existing rate of
compensation. 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 requested that Items No. 19, 26 and 28, Consideration
of a Request From the St. Irenaeus Fiesta Committee for Waiver of Fees for the
St. Irenaeus Catholic Church's Annual Fiesta, Consideration of Upcoming
Vacancy on the Cypress Cultural Arts Commission and Consideration of Donations
Received for the 6th Annual Multi-Agency Fireworks Celebration, respectively,
be removed. Councilmember Bowman asked that Items No. 11, 22 and 27,
Consideration of Claim Filed by Thomas Sharp, Jr., Consideration of Adoption
of the 1991 Uniform Fire Code and Certain Amendments Thereto and Consideration
of Request to Waive Waiting Period for County of Orange to Occupy Donated
Space at Senior Center be discussed further. The City Manager noted that in
Item No. 12, Consideration of Adoption of Resolutions Relating to the June 8,
1993 Special Municipal Election, there had been a change in location from
Cawthon School to a private residence at 10441 Barbara Anne Street and the
Resolution will be amended to reflect that change of polling place.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
approve the Consent Calendar Items No. 3 through 29, with the exception of
Items No. 11, 19, 22, 26, 27 and 28. 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
April 12, 1993.
Recommendation: That the City Council approve the Minutes of April 12, 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 Proclaiming May 3 - 8, 1993, as "Public Service
Recognition Week".
Recommendation: That the Mayor and City Council officially proclaim May 3 -
8, 1993, as "Public Service Recognition Week" in the City of Cypress.
Item No. 6: Consideration of Claim Filed by Charles and Sharon Zink.
Recommendation: That the City Council officially reject the subject Claim and
refer it to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item No. 7: Consideration of Acceptance of Donation From Mr. & Mrs. H. Tom
Sievers.
Recommendation: That the City Council officially accept the $100.00 donation
from Mr. & Mrs. H. Tom Sievers, to be allocated to Account No. 4104-11-163-05
(Police Department - Field Operations), and direct staff to transmit a letter
of appreciation to the Sievers.
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CITY COUNCIL MINUTES April 26, 1993
Item No. 8: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Bong U. & Yang Ja Kim, D.B.A. Bell Market, 5511 Lincoln
Avenue, Cypress.
Recommendation: Receive and file.
Item No. 9: Consideration of Proclaiming May 8, 1993, as "Fire Service
Recognition Day".
Recommendation: That the Mayor and City Council officially proclaim May 8,
1993, as "Fire Service Recognition Day" in the City of Cypress as requested.
Item No. 10: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Mu Yen Hsu and Yu Ying Chen .Hsu, D.B.A. China Best
Restaurant, 4756 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 12: Consideration of Adoption of Resolutions Relating to the June 8,
1993 Special Municipal Election.
Recommendation: That the City Council adopt the attached Resolutions as
required by the State Elections Code for the June 8, 1993 Special Municipal
Election.
RESOLUTION N0. 4179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT
BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL MUNICIPAL ELECTION
ON TUESDAY, JUNE 8, 1993, CALLED BY RESOLUTION N0. 4162.
RESOLUTION N0. 4180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ORDERING THE CANVAS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 8, 1993, BE MADE BY THE CITY .CLERK.
Item No. 13: Consideration of Monthly Investment Program for the Month of
March 1993.
Recommendation: Receive and file.
Item No. 14: Consideration of Approval of the Design, Plans and
Specifications for the Valley View Street Traffic Signal Interconnect Project,
Public Works Project No. 9235.
Recommendation: That the City Ccuncil approve the design, plans and
specifications for the Valley View Street Traffic Signal Interconnect Project,
Public Works Project 9235.
Item No. 15: Consideration of Graffiti Vandalism Ordinance.
Recommendation: That the City Council continue this matter to the May 24,
1993 City Council meeting.
Item No. 16: Consideration of Acceptance of "Remediation of Gasoline
Contaminated Soil at the City Fuel Facility," Public Works Project No. 8968.
Recommendation: That the City Council: 1) Accept the work of Remediation of
Gasoline Contaminated Soil at the City Fuel Facility, Public Works Project No.
8968, as being satisfactorily completed in conformance with the Plans and
Specifications; 2) Approve the final retention payment to Tetra Tech, Inc.,
670 North. Rosemead Boulevard, Pasadena, California 91107, 35 days after the
Notice of Completion is filed; and 3) Authorize the City Clerk to release the
Labor and Materials Bond upon expiration of the required lien period, if no
claims or objections have been filed, and to release the Faithful Performance
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CITY COUNCIL MINUTES April 26, 1993
Bond upon the expiration of one year's guarantee upon the Director of Public
Works' concurrence.
Item No. 17: Consideration of Approval of the Design, Plans and
Specifications for Various Traffic Signal Modifications/Installations in the
City of Cypress, Public Works Project No. 9149.
Recommendation: That the City Council approve the design, plans and
specifications for various Traffic Signal Modifications/Installations in the
City of Cypress, Public Works Project No. 9149.
Item No. 18: Consideration of Acceptance of Final Tract Map No. 14779 (8651
Moody Street).
Recommendation: That the City Council approve Final Tract Map No. 14779 and
accept the bond for public improvements in the amount of $17,500.00, which is
100% of the total improvements, and authorize the City Clerk to sign the
record map.
Item No. 20: Consideration of Appropriation of Drainage Funds for Storm Drain
Improvements in Acacia Drive, Public Works Project No. 9141.
Recommendation: That the City Council authorize the appropriation of an
additional $24,352.00 from the Fund Balance of the Local Facilities Drainage
Fund to Account No. 4186-11-448-24 for the completion of the Acacia Drive
storm drain.
Item No. 21: Consideration of Renewal of Property Insurance Program Through
Orange County Cities Risk Management Authority (OCCRMA).
Recommendation:That the City Council authorize continued participation in
the Orange County Cities Risk Management Authority's property insurance
program in the amounts as outlined in the report.
Item No. 23: Consideration of Confirmation of City's Opposition to AB 1313
(Brown W).
Recommendation: That the City Council confirm the City's position of
opposition to AB 1313.
Item No. 24: Consideration of Opposing SCA 22 and SB 1114 (Maddy).
Recommendation: That the City Council go on record opposing SCA 22 and ~B
1114 and authorize the Mayor to send letters to the appropriate State
government officials expressing the City's position.
Item No. 25: Consideration of Employees' Memorandum of Understanding and
Authorizing Resolution..
Recommendation: That the City Council move to adopt the attached Resolution
that ratifies the Memorandum of Understanding between the City and the Cypress
Maintenance Employees' Association.
RESOLUTION N0. 418.1.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
MAINTENANCE EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE
BENEFITS AND CONDITIONS OF EMPLOYMENT.
Recreation and Park District Matters:
Item No. 29: Consideration of Senior Citizens Center Dedication Invitation.
Recommendation: That the City Council, acting as the ex-officio governing
Board of Directors of the Cypress Recreation and Park District, receive and
file this report.
END OF CONSENT CALENDAR
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CLTY COUNCIL MINUTES April 26, 1993
Regarding Item No. 11, Consideration of Claim Filed by Thomas Sharp, Jr.,
Councilmember Bowman requested this item be discussed during the Closed
Session.
In regard to Item No. 19, Consideration of a Request From the St. Irenaeus
Fiesta Committee for Waiver of Fees for the St. Irenaeus Catholic Church's
Annual Fiesta, Councilmember Nicholson asked for the total amount of the fees.
Mayor Kerry advised that the total amount of fees waived was $275. It was
moved by Councilmember Partin and seconded by Councilmember Age that the City
Council grant the request to waive all the required fees for the St. Irenaeus
Catholic Church's 30th Annual Fiesta to be held on June 26 - 27, 1993, with
the condition that no-fee electrical and building permits be obtained for
carnival activities.
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In reference to Item No. 22, Consideration of Adoption of the 1991 Uniform
Fire Code and Certain Amendments Thereto, Councilmember Bowman advised that he
had read the amendments to be added by the County Fire Department and had a
specific concern about the additions. He asked the procedure to be followed
if the City does not agree with the County's amendments. The City Manager
advised that the Council could delete them at the time of the public hearing.
Councilmember Bowman then mentioned those sections where he had questions. It
was moved by Councilmember Bowman and seconded by Councilmember Nicholson that
the City Council approve the first reading of the 1991 Uniform Fire Code
Ordinance with administrative changes, and set Monday, May 24, 1993, at 7:30
p.m., as the day, date and time for a public hearing to hear any objections to
the adoption of the attached Ordinance. 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. 26, Consideration of Upcoming Vacancy on the Cypress
Cultural Arts Commission, the City Manager advised Council that the upcoming
vacancy on this Commission was advertised in the latest issue of the Cypress
City News. It was moved by Councilmember Nicholson and seconded by
Councilmember Age that the City Council authorize staff to advertise for the
position of Alternate to the Cultural Arts Commission. 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. 27, Consideration of. Request to Waive Waiting Period for
County of Orange to Occupy Donated Space at Senior Center, Councilmember
Bowman asked if County of Orange business was conducted in existing rooms.
The Park & Recreation Director explained that, in the past, whatever room was
available had been utilized by the County. In the new Center, off the lobby
area, there are three social service offices which will be booked for County
functions. It was moved by Councilmember Bowman and seconded by Councilmember
Nicholson that the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, waive the 60 day
waiting period and authorize the County of Orange to use donated space in the
new Senior Center, 9031 Grindlay Street, to provide an Eldercare Program twice
a month. 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 April 26, 1993
With reference to Item No. 28, Consideration of Donations Received for the 6th
Annual Multi-Agency Fireworks Celebration, Councilmember Nicholson asked how
any donations were going to be divided among the participating agencies. The
Recreation & Park Director explained that the cities' cost will be reduced by
the. amount of the contributions and the remaining cost divided among each of
the cities contributing to the project. It was moved by Councilmember
Nicholson and seconded by Councilmember Partin that the City Council, acting
as the ex-officio governing Board of Directors of the Cypress Recreation and
Park District, formally accept the donation in the amount of $100 from
Mitsubishi Electronics America, Inc., and the donation in the amount of $1,000
from Matsushita Electric Corporation of America. 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 requested that an urgency item be added to the Agenda entitled
Consideration of the Resolution of the Orange County Division League of
California Cities Opposing Gambling in Orange County. She explained that this
item will be on the May 13 agenda for League of Cities' meeting, the next City
Council meeting will be May 10 and four days is not enough time to correspond
with other cities. It was moved by Councilmember Nicholson and seconded by
Councilmember Age to place this item on the Agenda as 29A. 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 RESOLUTION OF THE ORANGE COUNTY DIVISION LEAGUE OF
CALIFORNIA CITIES OPPOSING GAMBLING IN ORANGE COUNTY: Mayor Kerry stated that
this should be a local control issue, up to each city and not any different
than a shopping center or auto mall. Councilmember Bowman advised that the ~ -
resolution is very poorly written because they oppose "...the opening of
casinos, card clubs or any other gambling establishment." and he believed the
City should oppose it.
Councilmember Partin expressed his disagreement with some of -the statements in
the draft resolution. It is a local issue, there are already enough Federal
and State controls and he is against the resolution for more reasons than just
the land- use issue.
Councilmember Age would agree not to support the resolution on the land issue
basis.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to oppose the resolution on the basis that it should be a local land use issue
and authorize the Mayor to write a letter to all other cities in Orange County
voicing the opposition. 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 Reading) & RESOLUTIONS:
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, granting Variance No.
93-2.
RESOLUTION N0. 4182
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
TO ALLOW A CIRCULAR DRIVEWAY - VARIANCE N0. 93-2 (CIRCULAR DRIVEWAY,
8662 ACACIA DRIVE).
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CITY COUNCIL MINUTES April 26, 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
It was moved by Councilmember Partin and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, approving amendment to
CUP No. 90-31.
RESOLUTION N0. 4183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-31 - WITH CONDITIONS (CONVERT
SEVEN EXISTING COMMERCIAL/RETAIL LEASE SPACE UNITS TO COMMERCIAL
CONDOMINIUMS, 6300-6320 LINCOLN AVENUE).
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 6:00 p.m. to allow the
Council to enter into Closed Session to discuss personnel and litigation
matters. The meeting reconvened at 7:34 p.m. with all Councilmembers present.
Also present were staff members Bacock, Barrett, DeCarlo, Donovan, Palmer,
Storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Nicholson.
PRESENTATION: Battalion Chief Jerry Logan was not present to receive the
"Fire Service Recognition Day" proclamation.
The City Manager reported on the 4:30 p.m. workshop session in which the
Council received a briefing from the Orange County Division of the League of
California Cities on the Air Quality Management Plan issue that is being
addressed by all cities throughout the County. He then summarized the actions
taken by the Council during the 5:30 p.m. portion of the Agenda.
The City Attorney reviewed discussions held by Council during Closed Session
in which four separate items were discussed: two items involved property
negotiations; one item involved personnel matters specifically addressing
labor negotiations; the final item involved litigation of a claim that has
been filed by Thomas Sharp.
Regarding Item No. 11, Consideration of Claim Filed by Thomas Sharp, Jr., it
was moved by Councilmember Bowman and seconded by Councilmember Nicholson that
the City Council 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
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda
Ms. Jane Guest, representing Los Alamitos Race Course, provided a copy of and
read the press release delivered by Mr. Arnold last Thursday regarding a "Yes"
vote on Measure A.
Mayor Kerry suggested that an agenda item for the next Council meeting be a
discussion of things the community might receive if this issue passes.
Councilmember Partin suggested a meeting between the Council and the
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CITY COUNCIL MINUTES April 26, 1993
proponents of the Card Club, then write coverage for the City into the
Ordinance.
The City Manager said that the draft ordinance will come before Council at the
.May. 10 meeting and will include some the issues mentioned. The City Attorney
advised if it is the Council's wish to commence negotiations with Mr. Arnold,
the City Manager could be directed to work with the individual and report back
to the Council, or appoint a committee of some Councilmembers to talk with the
individual and report back to the body.
After some discussion, Councilmember Nicholson suggested that Councilmembers
Partin and Mayor Kerry and the City Manager meet with the owners of the Los
Alamitos Race Course. After additional discussion, the City Attorney advised
that no action could be taken at this time. This matter will have be placed
on the agenda for the May 10 meeting.
Mayor Kerry directed the City Manager to place this item on the next Agenda.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, again mentioned the item of
video cameras for police patrol cars. The Chief advised that this suggestion
had been presented to Council and approved in concept. Again, the issue was
the funding. The City Manager stated that the City has no capital outlay and
. no capital projects in any part of the budget and we are facing layoffs.
Mayor Kerry requested that the topic of capital expenditures and reserves be
placed on the next agenda for discussion and explanation.
Cypress Police Agent Jeff Wong, President of the CPSEA, invited the City
Council, members of the staff and the citizens to the 25th Annual Officer of
the Year, Employee of the Year and Citizen of the Year banquet on Friday, May
14 at the Ramada Inn. He asked why the Council opposed SCA 22 and SB 1114,
both of which would allow cities and counties to hold public safety services
harmless in any budget cuts which local governments are forced to make.-
Councilmember Bowman responded that assuming the budget is cut, it does reduce
police and/or fire protection and the State should leave that control to the
local jurisdiction.
Mr. Morey Spatz, 4508 Larwin Avenue, Cypress, advised that the Federal Jobs
Bill. would have provided funds for the Senior Nutrition program and he would
like to see that program continue. He advised that he is urging all the
senior citizens to work for the passage of Measure A and suggested the
establishment of an emergency fund to complete the nutrition program for the
fiscal year.
Mr. David Spatz, 4524 Larwin Avenue, Cypress, stated he had been unemployed
for approximately 17 months and the only job he has had is at the Race Course.
He supported the passage of Measure A because it would put a lot of people to
work.
Mr. George Hallak, 5452 Marion Avenue, Cypress, spoke in defense of
Councilmember Nicholson and Mayor Kerry and didn't believe they were treated
fairly by the opponents of the card club. He stated he voted for them to
express an opinion and they did, whether he agreed with it or not.
Mr. Roger Ek, 5072 Myra Avenue, Cypress, spoke in support of Measure A and the
prospect of additional jobs in the City. He advised that he was dismayed by
the release of Gary Ostad from the Boys and Girls Club.
Ms. Dorothy Gotreau, 6764 Tiki Drive, Cypress, mentioned that she is presently ~r,
unemployed and Mr. Arnold is promising 2,600 jobs to people like herself and
others in her neighborhood.
Ms. Carol Powers, 6933 Grand Manan, Cypress, advised that she runs an
employment service in the area and has people every day begging for jobs. She
stated she was grateful for another prospective employer in the City.
Mr. Manfred Stein, 3991 Myra Avenue, Cypress, commented that the Carbon Creek
Flood Control Channel is a mound of dirt with weeds growing in it. He
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CITY COUNCIL MINUTES April 26, 1993
suggested the City ask the Orange County Flood Control District to clean up
the channel.
Mr. Bill Rhoades, 9172 Windsor Circle, Cypress, stated that it was almost
ludicrous for anyone to oppose, in this economy, what the card club would
bring to the City in jobs and income.
Mr. John Warren, 10413 Cary Circle, Cypress, remarked that he was pro-business
and pro-City revenue generation and invited the opposition to the card club to
tour other cities and see what has happened to them without any revenue
generation.
Mr. Don Kennedy, 5843 Holmby Court, Cypress, spoke out in support of two
members of the Council and would support the other three members of the
Council when they speak out on an issue. They have that right.
Ms. Elsie Rhoades, 9172 Windsor Circle, Cypress, spoke in support of the card
club believing only positive things could come from the revenues that will be
generated.
Mr. Reynold Elkin, 4034 Orange Avenue, Cypress, stated he resented what he
perceived as attempted character assassination. He suggested the case be
presented in open forum giving everyone a right to their opinion.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, expressed concern for the
children and he voiced opposition to the card club.
Mr. Cornelius M. Coronado, Jr., 5315 Yorkshire Drive, Cypress, addressed three
issues: One that all contractual issues and agreements, be put in writing.
Second, the vilification that was directed at two of the Councilmembers and
third, was the police protection and, if the force was reduced, there would be
a dramatic increase .in crime. He stressed that there were options available.
Ms. Mary Ann Jones, 6872 Jonathan Avenue, Cypress, commented that those people
opposed to the card club should be consulted in the drafting of the ordinance
to make sure their concerns are covered. She stated she had asked for a
statement of clarification from the City because of all the literature that
had been mailed out by Lloyd Arnold's group with a quote from the Chief. She
suggested that crime be discussed along with capital expenditures and reserves
with the Police-Chief available for comment.
RECESS: Mayor Kerry recessed the meeting at 8:43 p.m. and reconvened at 8:54
p.m. with all councilmembers present.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
N0. 92-17. BOYS AND GIRLS CLUB OF CYPRESS, 10161 MOODY STREET: The staff
report dated April 20, 1993 requested this item be continued to allow
additional time for the preparation of drawings to meet the requirements of
,the Building Official and Orange County Fire Department.
It was moved by Councilmember Age and seconded by Councilmember Partin to
continue this item to the City Council meeting of May 10, 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 93-3 JOONG
ANG KOREAN CHURCH OF SOUTHERN CALIFORNIA. 6381 BALL ROAD: Mayor Kerry opened
the public hearing. The City Manager requested the Assistant Planner to
present the staff report dated April 20, 1993, which represented a request to
remodel an existing commercial building for the purpose of locating a church
use within a 17,422 square foot portion of the building. The subject property
is located at 6381 Ball Road, within. the CG Commercial General Zone. In
accordance with the California Environmental Quality Act (CEQA) a Mitigated
Negative Declaration will be filed for this project. On April 12, 1993, staff
presented to the City Council the Study of Issues Related to Church Uses
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CITY COUNCIL MINUTES April 26, 1993
Within Commercial Zones. As a result of that study, Council determined
churches shall be allowed to remain as a conditionally permitted use in
commercial zones. Site improvements, circulation and parking, noise and land
use compatibility were discussed. Notices of this public hearing were posted,
published, and mailed to the property owners within a 300 foot radius of the
subject property. To date, staff has not received any communication regarding
this matter. Staff felt the proposed project, as conditioned, is consistent
with the recently adopted policies for analyzing proposed church uses within
commercial zones. The proposed project meets all development standards, such ~
as lot coverage, setbacks, landscaping ingress/egress, and parking
requirements.
Mr. Herb Davis, representing the applicant, stated that this project will be a
benefit to the area. He advised that the Joong Ang Church is willing to
comply with all of the 58 conditions but it had a request for an extension.
Compliance with Condition No. 36 will cost a tremendous amount of money
because of the enormous size of the parking lot and Condition No. 14 would not
allow operation of the church until all conditions have been satisfied.
Councilmember Nicholson suggested that this matter be continued because the
applicant had received the staff report so late.
The City Attorney clarified that the applicant was asking for the Certificate
of Occupancy now and having some of the conditions satisfied later.
Mr. Davis stated that they had no objection to the structure being approved
for occupancy; they want to use the structure without having to wait six
months to resurface the parking lot and build the block wall.
Responding to the City Manager, Mr. Davis stated that they would post the
required fees. They would comply with the health and safety regulations now
as far as the structure and its use.
Responding to the applicant, the City Manager suggested that the applicant
meet with members of the Public Works and Planning Departments sometime prior
to the next meeting.
Mr. Thomas Drummond, architect for the project, 846 S. State College, Anaheim,
volunteered to answer any questions from Council. He explained that they
would be putting an anti-graffiti coat on the block wall and landscaping in
front of the wall.
Councilmember Partin asked that the applicant provide a realistic list of
those conditions they would like deferred and present a plan.
Mayor Kerry asked if anyone wanted to speak in support of the application.
Mr. Don Prates, 10022 Bernadette, Buena Park, stated he had no objection to
the church, because it would be an improvement to the area. His concerns
were: traffic flow and noise and he suggested a traffic signal at the
intersection of Ball and Bernadette.
No one else wished to speak in support of or in opposition to the application.
After further discussion, it was moved by Councilmember Age and seconded by
Councilmember Nicholson to continue this item to May 10, 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
Mayor Kerry explained that the item was being continued so the applicant could
meet with staff to determine a timeframe to accomplish the conditions.
CONTINUATION OF CONSIDERATION OF AN ALTERNATIVE DESIGN FOR THE PROPOSED PACTEL
CELLULAR ANTENNA AT SENIOR CITIZENS CENTER SITE: The City Manager presented
the staff report dated April 15, 1993, which indicated that the continuance
was granted to allow Councilmembers an opportunity to revisit the proposed
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CITY COUNCIL MINUTES April 26, 1993
project site in order to gain a perspective on the feasibility of the
alternative monopole design.
Mr. John Bitterly, representing PacTel, advised that they had met at the
Maintenance Yard and did find a potential location at the yard.
Responding to questions from Councilmembers, Mr. Bitterly advised that
technically, the reception will be almost as good as the Senior Center site.
Councilmembers concurred that they preferred the pole be located at the
Maintenance Yard.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
receive and file the staff report dated April 2, 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 IMPOSING A UTILITY USERS FEE FOR POLICE
SERVICES: This item was requested to be put on the Agenda by Mayor Pro Tem
Age and the City Manager suggested that it be continued until after the budget
session on May 3.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
continue the item to May 10.
Further discussion was held and consensus of the Council was to table the
item.
It was moved by Councilmember Partin and seconded by Councilmember Bowman,
after he withdrew his previous motion, to table this item. Mayor Pro Tem Age
withdrew her second to Councilmember Bowman's motion. 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 REQUEST, INDOOR BATTING CAGE WITHIN BP
ZONE, 10652 WALKER STREET: The City Manager requested the Assistant Planner
summarize the staff report dated April 13, 1993, which represented a request
for a zoning determination to allow an indoor batting cage at 10652 Walker
Street. A zoning determination request needs only an interpretation of the
City of Cypress Zoning Ordinance and, therefore, is not considered a project
according to the requirements of the California Environmental Quality Act.
Staff felt that although the proposed indoor batting cage use does not appear
to be similar to other listed industrial uses, the use would be compatible
with the uses in that zone.
It was moved by Councilmember Bowman and seconded by Councilmember Partin that
the addition of indoor batting cage facilities to the list of conditionally
permitted uses within the BP-20000 Zone is similar to, and will be no more
detrimental than, existing conditional uses within the BP-20000 Business Park
Zone. 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 CLOSURE OF THE USMCAS. EL TORO: The City Manager
reviewed the staff report dated April 21, 1993, which indicated he had
requested this item be a subject of discussion at this meeting. A meeting was
held involving the Orange County Cities' Airport Authority, which was attended
by the Planning Director, but the issue was not resolved at that meeting and
the City Manager suggested this item be continued to May 10.
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CITY COUNCIL MINUTES April 26, 1993
It was moved by Councilmember Bowman and seconded by Councilmember Age to
continue this item to the May 10 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
CONSIDERATION OF ADOPTION OF RESOLUTION OPPOSING UNFUNDED FEDERAL MANDATES: ~ ~4
The City Manager reviewed the staff report dated April 21, 1993, which
indicated Mayor Kerry had requested that a Resolution similar to the one
adopted by the city of Seal Beach, which opposed unfunded Federal mandates, be
placed on the Agenda for City Council consideration. Mayor Kerry read the.
resolution for the record, which contained the specific dollar amounts
indicating. the cost of unfunded Federal mandates incurred by the City of
Cypress.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
adopt the Resolution, by title only, opposing the imposition of unfunded
Federal mandates on local and State governments.
RESOLUTION N0. 418 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
SUPPORTING FEDERAL LEGISLATION ENDING THE PRACTICE OF IMPOSING UNFUNDED
.FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENTS AND TO ENSURE THAT THE
FEDERAL GOVERNMENT PAYS THE COSTS INCURRED BY THOSE GOVERNMENTS IN
COMPLYING WITH CERTAIN REQUIREMENTS UNDER FEDERAL STATUTES AND
REGULATIONS.
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 ADOPTION OF RESOLUTION ENDORSING PROCEEDINGS TO FORM THE
ORANGE COUNTY FIRE PROTECTION DISTRICT AND AGREEING TO PARTICIPATE IN
ACTIVITIES THAT SUPPORT DISTRICT FORMATION: The City Manager summarized the
staff report dated April 21, 1993, which advised that the City of Cypress has
been involved in the creation of an Orange County Fire Protection District
during the past two years as a more effective way to provide for fire
protection services in those communities now being served by the Orange County
Fire Department. The next step in the process is the adoption of the attached
Resolution initiating the proceedings to create the District by making
application to the Orange County Local Agency Formation Commission.
Councilmember Age mentioned the difficulty in Councilmembers serving a four-
year term on the Fire District when Councilmembers have a two-term limit and
she suggested two year terms.
Responding to Mayor Kerry, the City Manager explained that the funding for the
present fire service level is derived from property taxation.
It was moved by Councilmember Partin and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, endorsing proceedings to
form the Orange County Fire Protection District.
RESOLUTION N0. 4185 R.m,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ENDORSING PROCEEDINGS TO FORM THE ORANGE COUNTY FIRE PROTECTION DISTRICT
AND AGREEING TO PARTICIPATE IN ACTIVITIES THAT SUPPORT DISTRICT
FORMATION.
The motion unanimously carried by the following roll call vote:
12
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CITY COUNCIL MINUTES April 26, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF CONTINUED PARTICIPATION IN THE URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM: Assistant Planner Palmer presented
the staff report dated April 21, 1993, which indicated that every three years,
the County of Orange is required to notify participating cities of the
opportunity to "not" participate in the Federal Housing and Community
Development Block Grant Program (CDBG). The County is requesting that cities
notify them by May 21, 1993, whether or not they wish to continue
participation in the CDBG program.
It was moved by Councilmember Age and seconded by Councilmember Partin to
authorize staff to draft a letter to the County of Orange requesting continued
participation in the Community Development Block Grant (CDBG) program,
administered by the County of Orange. 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. 4012 -
4287: It was moved by Councilmember Bowman and seconded by Councilmember
Partin to approve the Warrants No. 4012 through 4287 in the amount of
$1,296,057.62. 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
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mayor Kerry reported on some of the events taking place in the community
during the past week, including, Youth in Government Day. "Arts in the Park"
will begin April 30, which will start with the production of "South Pacific"
at Cypress College and conclude with a variety of local entertainment on the
Civic Center Green.
Mayor Kerry mentioned the very successful art auction, which was held at the
Cypress Civic Theatre.
The City Manager mentioned the "Loyalty Day" event at Veterans' Park on
Saturday, May 1 beginning at 11:00 a.m. He also mentioned the Rotary-
sponsored "Evening of Elegance," which will be held Saturday night, May 1.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 10:20 p.m. to 4:30 p.m.,
Monday, May 3, 1993, in the Administrative Conference Room.
MAYOR OF THE CITY OF E
ATTEST:
CI LE THE CI F CYPRESS
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