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Minutes 93-05-10 i p ~n v `l:' MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 10, 1993 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday, May 10, 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, Eynon, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF RELEASE "LETTER OF INTENT" FOR FISCAL YEAR 1993J94 POLICE PURSUIT VEHICLE PURCHASE: The Police Chief summarized the staff report dated May 4, 1993, which sought authorization for the release of the letter of intent to purchase four marked police vehicles after July 1, 1993. This action will guarantee availability of the units during the nonproduction part of the year and the Sheriff's discounted cost structure to the City of Cypress. Each vehicle is priced at $14,493.86, including sales tax and options. It was moved by Councilmember Partin and seconded by Councilmember Nicholson ~to authorize the Purchasing Officer to release a "Letter of Intent" to Maurice J. Sopp and Son Chevrolet, 6400 South Atlantic Blvd., Bell, California 90201, to purchase four police pursuit vehicles under. the Los Angeles county Sheriff's Department contract after July 1, 1993. The motion unanimously carried by the fo llowing 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 PLANNING CONSULTANT SERVICES FOR THE AMENDMENT TO THE MCDONNELL CENTER SPECIFIC PLAN: The Planning Director requested that this item be deferred to a time later in the evening and it was moved by Councilmember Nicholson and seconded by Councilmember Bowman to continue this item to the 7:30 Agenda as Item 25A. 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. It was moved by Councilmember Bowman and seconded by Councilmember Partin to approve the Consent Calendar Items No. 3 through 11. 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. 33: Motion to Approve City Council Minutes of the Adjourned Regular Meeting of April 19, 1993 and the Regular Meeting of April 26, 1993. 1 ~r w / L~/...- ~ y. CITY COUNCIL MINUTES May 10, 1993 Recommendation: That the City Council approve the Minutes of April 19, 1993 and April 26, 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 1993, as "Spay and Neuter Awareness Month". . Recommendation: That the Mayor and City Council officially proclaim May 1993, as "Spay and Neuter Awareness Month" in the City of Cypress. Item No. 6: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Linda Elvara Berglund and James Allen Harrington, D.B.A., The Timber Inn, 6395 West Ball Road, Cypress. Recommendation: Receive and file. Item No. 7: Consideration of Resolution Commending Mr. William B. Calton for His 38 Years of Service to Public Education and Upon His Retirement as Superintendent of the Cypress School District. Recommendation: That the City Council adopt the Resolution by title only, title as follows commending Mr. William B. Calton for his 38 years of service to public education and upon his retirement as Superintendent of the Cypress School District. RESOLUTION N0. 4186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. WILLIAM B. CALTON FOR HIS 38 YEARS OF SERVICE TO PUBLIC EDUCATION AND UPON HIS RETIREMENT AS SUPERINTENDENT OF THE CYPRESS SCHOOL DISTRICT. Item No. 8: Consideration of Acceptance of Emergency Sanitary Sewer Manhole Repairs at Jeanine Lane and Cathy Avenue, Public Works Project No. 9319. Recommendation: That the City Council: 1) Accept the work of Emergency Sanitary Sewer Manhole Repairs at Jeanine Lane and Cathy Avenue as being satisfactorily completed; 2) Authorize the appropriation of $59,604.00 from the Fund Balance of the Sewer Fund to Account No. 4186-41-219-08, and 3) Approve payment in the amount of $59,603.14 to LBS Pipeline Contractors, Inc., P. 0. Box 1271, Huntington Beach, CA 92647. Item No. 9: Consideration of Designating Portions of Crescent Avenue as County Street for Purposes of the Construction of Storm Drain Improvements, Public Works Project No. 9321. Recommendation: That the City Council: 1) Adopt the Resolution by title only, title as follows, consenting to the establishment of.portions of Crescent Avenue to the County of Orange; 2) Approve the Agreement with the County of Orange to provide for public improvements on Crescent Avenue; and 3) Authorize the Mayor to execute said Agreement. RESOLUTION NO. 4187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO THE ESTABLISHMENT OF PORTIONS OF CRESCENT AVENUE TO THE COUNTY OF ORANGE FOR CONSTRUCTION PURPOSES. Item No. 10: Consideration of Employees' Memorandum of Understanding and Authorizing Resolution. Recommendation: That the City Council move to adopt the Resolution by title only, title as follows, ratifying the Memorandum of Understanding between the City and the Cypress Police Management Association. 2 J . ~'1 - F • CITY COUNCIL MINUTES May 10, 1993 RESOLUTION N0. 4188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item No. 11: Consideration of Resolution to Allow the Addition of Retail Commercial, Office, and Service Uses to the List of Permitted Uses in the PC-1 Zone. Recommendation: That the City Council adopt the Resolution by title only, title as follows, adding retail commercial, office, and service uses to the PC-1 Planned Community Zone. RESOLUTION N0. 4189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO THE LUSK COMPANY INDUSTRIAL/COMMERCIAL PARK (PC-1) ZONE FOR THE ADDITION OF RETAIL COMMERCIAL, OFFICE, AND SERVICE USES TO THE LIST OF PERMITTED USES. END OF CONSENT CALENDAR CLOSED SESSION: Mayor Kerry recessed the meeting at 5:45 p.m. to enable the Council to enter into Closed Session to consider matters of personnel and litigation. 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 Mayor Pro Tem Age. PRESENTATIONS: Mayor Kerry presented a "Spay and Neuter Awareness Month" Proclamation to Girl Scout Cadettes Katie Barnes, Amy Glowniak, Missy Haller, Beth Nerrie, and Leader Karen Nerrie of Troop #1563. A Mayor's Proclamation was presented to the 1993 Brethren Christian High School Boys Basketball Team for their second place win in the State Division 5 finals. The Buena Park-Cypress-La Palma Association of Realtors, represented by Pat Ochoa and Jeanne St. Clair, presented plaques to the American Home Week Contest Winners Jeanne Hedricks, Grand Prize Winner, Michael and Karen Sparks and Robert and Uirginia Bos. Ms. Danielle Wussick, Miss City of Cypress, invited the City Council and the community to the upcoming Cypress pageant to be held on May 23, 1993. The City Manager summarized the actions taken by the Council during the 5:30 portion of the Agenda. The City Attorney reviewed discussions held by the Council during the Closed Session on a pending litigation suit titled Martineau vs. the City of Cypress and personnel matters. Responding to Mayor Kerry, the City Manager reported that the Council did meet in a budget workshop on May 3, 1993 and he provided a status report on the discussions held at that meeting, with three Ayes and two Noes (Mayor Kerry and Councilmember Nicholson) vote on postponing further budget discussions until after the June 8 election. He asked that the City Council consider adding Item 25B to this evening's Agenda entitled Consideration of Armed Forces Air Installation Compatible Use Zone Study at the Armed Forces Reserve Center. It was moved by Councilmember Partin and seconded by Councilmember 3 ~~,i CITY COUNCIL MINUTES May 10, 1993 Bowman to add Item 256 to the agenda. 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 A Ms. Uerna Dodson, 5771 La Jolla Way, Cypress, asked that, if Measure A passed, an agreement be entered into between the City of Cypress and the Los Alamitos Race Course to include setting aside funds for affordable senior housing. Ms. Cecelia Henderson, 4822 Ashbury Avenue, Cypress, representing parents who are concerned about the status of the Kids' Corner program, ask for relief from constraints placed on the Kids' Corner staff members. She identified issues which she brought to the attention of the Council. Parents have already agreed to pay another $3 per student per session if needed. They support the program, want it to continue and it will be paid for by parents of participating students, if required. They asked the Council to decide on this matter tonight. Councilmember Bowman suggested that the Recreation & Park District budget be placed on the Agenda prior to the June 8 election. It was moved by Councilmember Bowman and seconded by Councilmember Partin to place this item on the May 24, 1993 Council Agenda. 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 Director of Recreation & Parks announced that the Recreation and Community Services Commission will be meeting on May 18 at 6:30 p.m. at the Community Center to review the budget proposal and to make the appropriate F recommendations to the Council. He invited the Kids' Corner parents to attend. RECESS: Mayor Kerry recessed the meeting at 8:10 p.m. to enable members of the audience to leave the building. The meeting reconvened at 8:15 p.m. with all Councilmembers present. Mr. Mike Junio, 5681 Cathy Lane, Cypress, asked that provisions be written into the ordinance to consider seniors and spoke on his support of Measure A. Mr. John Willis, 9701 Lawrence Dr., Cypress, advised that he had come before Council several months ago regarding the noise from the Cypress High School Band practice. He stated that he had met with the Principal of Cypress High and they have come to an agreement. It was moved by Councilmember Age and seconded by Councilmember Nicholson to add the Cypress High School Carnival to the Agenda as Item 25C. The motion unanimously seconded by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, inquired about rescinding the waiver of fees for St. Ireneaus, posting signs on public property, would like to see the May 14 date for the forum reconsidered and one spike contract. Regarding the conflict in dates with the forum and the Cypress Police Banquet, the City Manager explained that the forum was not a city-sponsored event. Staff was requested to assist in finding a meeting place and the available date was on May 14. Mr. Harry Dotson, 12291 Santa Rosalie St., Garden Grove, representing the Orange County Citizens Against Card Clubs, invited the City Council and the citizens of Cypress to a Cypress/Stanton walk against Measure A on Saturday, May 22, 1993 at 11:00 a.m. 4 ~."~.F ~r CITY COUNCIL MINUTES May 10, 1993 Ms. Darlyne Liddle, 6194 Orange Ave., Cypress, listed the community services that the City has received from the owners of the race track. Ms. Arlene Spatz, 9836 Avenida Mateo, Cypress, commended Mayor Kerry and Councilmember Nicholson for their stand in supporting Measure A. She expressed her objection to the Measure A signs that were taken from her property. She advised that the race track has always donated to the City. Mr. Harold Lindamood, 6223 Lawrence St., Cypress, asked who the Orange County Citizens Against Card Clubs were and who they represented. He thanked each Councilmember for taking a stand on what they believed and they should not be harassed for taking that stand. Mr. Bill Wostenberg, 4290 Livermore Pl., Cypress, agreed that there were questionable activities on both sides and he was opposed to the card club. He suggested that District Attorney Chris Johnson be contacted for additional information on the crime that comes with card clubs. Mr. Joseph Hourigan, 6899 Tahiti Dr., Cypress, co-Chair and Treasurer of the CCACC, reported that the opposition had their signs on utility poles and vacant lots. He stated that the Council did voice the opinion that they would remain neutral. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, spoke on the card club. Maryann Jones, 6872 Jonathan Avenue, Cypress, addressed a letter received from Councilmember Nicholson and she didn't know how the letter could be mailed to all citizens of Cypress when it contained personal views. Mr. Manfred Stein, 4991 Myra Ave., Cypress, remarked about the different lengths of time allotted each speaker. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. Mayor Kerry announced that Items No. 12, 13 and 20, Continuation of Consideration of Public Hearing Re: Zoning Ordinance No. 92-4 - Amendment to Section 15 - Signs of the Zoning Code, Continuation of Consideration of Public Hearing Re: Conditional Use Permit No. 92-17 - Boys and Girls Club of Cypress, 10161 Moody Street and Consideration of Public Hearing Re: Amendment to Zoning Ordinance No. 93-1, Section 14.2.8 Parking Standards for Child Care/Day Care Uses, respectively, will be continued. CONTINUED CONSIDERATION OF ZONING ORDINANCE N0. 92-4 - AMENDMENT TO SECTION 15 - SIGNS OF THE ZONING CODE: The Mayor opened the public hearing and the City Attorney suggested that this item be taken off calendar and staff will bring it back to Council after the item had been readvertised. It was moved by Councilmember Partin and seconded by Councilmember Age to delete this item from the Agenda. 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: CONDITIONAL USE PERMIT N0. 92-17 - BOYS AND GIRLS CLUB OF CYPRESS 10161 MOODY STREET: The Public Hearing was opened by Mayor Kerry. The staff report dated May 4, 1993, requested that this item be continued to allow additional time for the review of the proposed floor plans to meet the requirements of the Building Official and Orange County Fire Department. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the meeting of May 24, 1993. AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 5 - r a v ~ J CITY COUNCIL MINUTES May 10, 1993 Councilmember Age clarified that she recalled asking if Item No. 22, regarding the Card Club Ordinance, under New Business, would be a public hearing and it is not. Responding to Mayor Kerry, Councilmember Bowman believed there should be public comment. Councilmember Age suggested that the Council provide their input on the Ordinance and then call for public input. The City Attorney advised that the item should be addressed when it appears on the Agenda. Mayor Kerry continued with the Public Hearings. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-3 JOONG ANG KOREAN CHURCH OF SOUTHERN CALIFORNIA 6381 BALL ROAD: Mayor Kerry opened the public hearing. The Planning Director reviewed the staff report dated April 20 and April 30, 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, located at 6381 Ball Road. The matter was continued from the April 26, 1993 meeting in order to allow staff and the applicant sufficient time to address outstanding issues raised at the public hearing. She addressed the issues posed by Council at their last meeting on bingo operations at the American Legion Post and those parking needs; the length of the existing lease between the property owner and the American Legion; the maximum occupancy of the church building and the applicant's request for a six month delay for completion of improvements. There followed a discussion on the parking and the City Attorney advised that the Council can required parking in addition to the minimum requirements stated in the Code. Councilmember Partin asked the applicant if they would be willing to post bond for the project if it wasn't completed in the allotted amount of time and the applicant's representative, Herb Davis responded positively. Mr. Herb Davis addressed the Council and stated that nine months would be a more reasonable time for completion than the six month figure given at the April 24 meeting. Mr. Thomas Drummond, Architect on the project, 846 S. State College, Anaheim, advised that the time was needed in order to hire the various subcontractors needed on the project. After further discussion on parking requirements, Councilmember Age voiced the opinion that shared parking was a problem and it needed to be reviewed. Mayor Kerry asked if anyone wished to speak in support of the application. Mr. John Boetsch, 8200 Bolsa Ave., Sp. 149, Midway City, representing the. American Legion, spoke on the parking and that the church and the American Legion's functions are not held at the same time. He advised that the property has been improved since the applicant purchased the site. Mr. Harold Lindamood, 6223 Lawrence St., Cypress, commented that he was a neighbor of the church and they have improved the property greatly. No one else wished to speak in support of or opposition to the application. Mayor Kerry recalled that a citizen, at the last meeting, spoke on the possible need for a traffic light. Councilmember Age suggested the question be sent to the Traffic Commission and Councilmember Partin concurred. The City Manager commented that normally the traffic pattern is monitored to determine if there is any significant change, and then it would be re- evaluated. The Public Works Director advised that a project has been recommended for approval for an interconnect system on Ball Road from the east to the west end of town and the signal could be part of that project to see if it would be properly located. 6 l ~ ~ 'J J CITY COUNCIL MINUTES May 10, 1993 The Planning Director read the condition to be applied in the event the traffic signal proposal was sent to Council, "Conditional Use Permit 93-9 shall be sent to the Traffic Commission for evaluation of a traffic signal. If necessary, the applicant will pay for all necessary improvements." Responding to Councilmember Age, the City Manager remarked that normally the permit would be conditioned and if, at some future date, warrants are created that demand a signal, the condition does specify the share of the cost that would be paid. In this instance, the City would probably be looking to Buena Park for portion of the cost a It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing, certify the Mitigated Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 93-3, subject to the conditions of approval in Exhibit A, with the added conditions that the applicant has nine months to complete the work and post a bond, or its equivalent, to the satisfaction of staff for the amount of the improvements and should a traffic signal be required, Buena Park would pay a pro-rata share. 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: APPLICATION FOR SPECIAL PERMIT - COUNTRY- FED MEAT CO.: The public hearing was opened by Mayor Kerry. The City Manager presented the staff report dated May 4, 1993, which indicated an application had been received for a Special permit to allow the sale of frozen steak, chicken and seafood door-to-door in the City of Cypress, from Mr. Darrel Blackman of the Country-Fed Meat Co., 1541 Harmony Circle, Anaheim. The Affidavits of Publication and Posting of the Public Hearing Notices on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this application. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducted a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. Mr. Darrel Blackman, 1541 Harmony Circle, Anaheim, stated that their sales are strictly door-to-door and they display and sell the frozen product to the customer at the doorstep. Mary Ann Jones, 6872 Jonathan Avenue, Cypress, stated she was tired of sales people coming to her door and was against issuing this permit. No one else wished to speak in support of or in opposition to the application. Councilmember Age did question the health, safety and convenience of the product and was not comfortable with the idea of selling frozen meat door-to- door. It was moved by Councilmember Age and seconded by Councilmember Bowman to close the public hearing and deny the application for the permit. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None. ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Kerry recessed the meeting at 10:00 p.m. and reconvened at 10:15 p.m. with all Councilmembers present. ~ d~ CITY COUNCIL MINUTES May 10, 1993 Mayor Kerry announced that the next three items would be considered under one public hearing, with a separate vote on each item. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 84-20 - PRESCHOOL/DAY CARE FACILITY AT VESSELS SCHOOL 5900 CATHY AVENUE, CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 93-4 PRESCHOOL/DAY CARE FACILITY AT LANDELL SCHOOL, 9739 DENNI STREET and CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-5 - PRESCHOOL/DAY CARE FACILITY AT ARNOLD SCHOOL 9281 DENNI STREET: Mayor Kerry opened the public hearings. The Planning Director presented the three staff reports, all dated April 26, 1993, which represented requests by the Cypress School District: 1) to amend the existing Vessels Elementary School Conditional Use Permit for the operation of a preschool/day care center in one existing regular classroom and two of the three new modular classrooms at 5900 Cathy Avenue; 2) for a conditional use permit for the operation of a preschool/day care center at the Landell Elementary School site located at 9739 Denni Street; and 3) for a conditional use permit for the operation of a preschool/day care center at the Arnold Elementary School site located at 9281 Denni Street. In accordance with the California Environmental Quality Act, statements of categorical exemption have been filed for these projects. A private organization will lease the classrooms from the School District for the day care center. As part of this request, the School District is requesting all fees associated with the processing of this application be waived. Ms. Shelby Williamson, Child Care Coordinator for the Cypress School District, volunteered to answer questions from Council. She asked that the permit include the preschool ages, which would be two or three years of age since they are asking for the preschool as well as day care. Mayor Kerry asked if anyone wished to speak in support of or opposition to the application for permits. No one spoke. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearings and approve the amendment to Conditional Use Permit No. 84-20, Vessels Elementary School preschool/day care center, including the waiving of fees, subject to conditions. 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 Age and seconded by Councilmember Nicholson to approve Conditional Use Permit No. 93-4 for Landell School, including the waiving of fees, and subject to two conditions. 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 Age and seconded by Councilmember Nicholson to approve Conditional Use Permit No. 93-5, Arnold School, including the waiving of fees, and subject to two conditions. 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: AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-25 - CYPRESS POINTE SENIOR COMMUNITY 5120 LINCOLN AVENUE: The public hearing was opened by Mayor Kerry. The Planning Director, Chris Eynon, summarized the staff report dated April 28, 1993, which represented a request to construct 21 carports for parking spaces designed under the previously approved development of Cypress Pointe Senior Community, Conditional Use Permit•No. 90-25, located at 5120 Lincoln Avenue. According to the 8 ; ~ ? '~J CITY COUNCIL MINUTES May 10, 1993 requirements of the California Environmental Quality Act, this project is considered to be Exempt, Class 3. The carports will only provide cover for owners cars and no storage compartments will be included. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius. Staff has received no comments on this matter. Councilmember Bowman expressed a concern about adequate guest parking. Mayor Kerry commented on the distance of the carports from the neighbors. Mr. Richard Hansen, representing Hyter Development Company, advised that the carports will be on the back property line and will not impact the visitor parking. The proposal is to cover 21 of the existing tenant parking spaces. The Mayor asked if anyone wished to speak in support of or in opposition to the application. No one spoke. It was moved by Councilmember Age and seconded by Councilmember Partin to close the public hearing and approve amendment to Conditional Use Permit No. 90-25, subject to the conditions in Exhibit A. Mayor Kerry expressed concern about the carport and access to the back from the neighboring property and would vote "no" on that basis. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO 93-1 SECTION 14.2.8 PARKING STANDARDS FOR CHILD CARE/DAY CARE USES: The Mayor opened the public hearing. The staff report dated May 3, 1993, requested this item be continued. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue this item to May 24, 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 THE CLOSURE OF THE USMCAS EL TORO: The City Manager called upon the Planning Director to review the staff report dated May 6, 1993. Chris Eynon had attended the April 21, 1993 meeting of the Orange County Cities Airport Authority to discuss the closure of the E1 Toro Airbase and potential uses of the airbase. The major use discussed was a commercial airport that would handle more of the air freight traffic. A letter had been received announcing that presentations would be made to all the cities in Orange County in regard to the activities of the Airport Authority. The City Manager requested Council to consider scheduling a workshop on this item. Councilmember Age stated that she would abstain from the vote since she was Chairman of the John Wayne Airport Commission and they've already taken a stand on the closure of E1 Toro. It was moved by Councilmember Bowman and seconded by Councilmember Partin to defer this item to the end of the evening's agenda. The motion 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 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 17-5 THROUGH 17-7 OF THE CODE OF THE CITY OF CYPRESS AND ADDING CHAPTER 15F OF THE CODE OF THE CITY OF CYPRESS PERMITTING AND REGULATING CARD CLUBS AND DISCUSSION OF APPOINTMENT OF NEGOTIATING COMMITTEE: The City Manager reported that the two issues on the agenda were the result of 9 ~ r~ / / CITY COUNCIL MINUTES May 10, 1993 Council direction on an ordinance dealing with the card club and all of its ramifications. The second part of the request involved a negotiating committee to deal with the card club issue. The City Attorney summarized the staff report dated May 5, 1993, which included a proposed ordinance amending certain sections of the City Code. He provided background information on the compilation of the ordinance and explained what would happen if the ordinance were continued beyond the June 8 election. Responding to Mayor Kerry regarding Mr. Arnold's payment of the costs of the election, the City Attorney answered that on February 8 and 22, 1993, Mr. Arnold represented to the Council that he would pay for all the costs associated with the Special Election and it is the City's position that the costs include everything up to the point of the election. Councilmember Age expressed concern that without a specific plan, there is no environmental impact report for the voters and what leverage does the City have in holding Mr. Arnold to the dollar amounts promised to the City. After further discussion, the City Attorney advised that the ordinances does not address the campaign promises made by Mr. Arnold other than the requirement for an entertainment center. He explained the various agreements that can be drafted in regard to the campaign promises made under certain circumstances and enforcement provisions.. The City Attorney stated that the ordinance is divided into two parts dealing with specific regulations and licenses required for a card club. He then supplied a synopsis of each of the divisions of the Ordinance. At 11:30 p.m., it was moved by Councilmember Age and seconded by Councilmember Nicholson to continue the Council meeting beyond the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Nicholson mentioned the Garden Grove ordinance and the prohibition against subcontracting the management of Asian games and that for a certain number of years, an elected or appointed City official could not take a job at the card club. She asked the City Attorney to address those two issues in the Cypress ordinance. The rest of the discussion included questions asked by Council with explanations provided by the City Attorney as the Council went through the Ordinance page by page. Councilmember Partin requested that the ordinance require a City of Cypress employee be in the counting room. Councilmember Bowman mentioned that another area of concern was how the audit procedure could be tightened and the licensee to pay for the audits. After additional discussion, Councilmember Age requested the City Attorney look at options for Section 15F-12(b), Audit of Records. The City Manager suggested broadening the scope of Section 15F- 14, Accounting Procedures, including personnel, to improve those procedures. Mayor Kerry felt that a City representative should be in the counting room as is necessary. The City Attorney advised that there is a limitation on how involved the City can be in the operation. ; After additional discussion, the City Council, as a whole, expressed concern with the Accounting Procedure. The City Attorney requested Council direction to obtain the objective that Council wanted. Councilmember Bowman asked that the City Council be included under Section 15F-12 (d), if it is legal for the City Council to have access to that information. He also requested that the City Manager may increase or decrease the amount of the deposit at the direction of the City Council be included in Section 15F-18. On page 12 Councilmember Bowman requested that the City Council be included, if legal, in Section 15F-21 (18) and in several sections where appropriate 10 r~. j ~ w ~ ~1 ? ~ y r, CITY COUNCIL MINUTES May 10, 1993 throughout the ordinance. Mayor Kerry mentioned Section 15F-24(i) and requested that the word "inside" be added. Responding to Councilmember Bowman, the City Attorney would add some language in Section 15F-27(c) and (h) that says a Councilmember, or any citizen, can require an appeal. Councilmember Age suggested that in Section 15F-53, any removal of persons from the card club premises be handled in the same way as they are now at the race track where they are held by security for the Cypress Police Department. After additional questions and answers, it was moved by Councilmember Age and seconded by Councilmember Bowman to continue this item to Monday, May 17, 1993 at 6:00 p.m. in the Council Chamber, along with cablecasting and public input. 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 addressed the April 26, 1993 meeting, wherein the City Council had discussed the feasibility of appointing a negotiating committee to meet with the owners of the Card Club regarding an agreement on other issues. After some discussion, it was decided that the Council would nominate candidates for the committee and set up the mechanics at the next Council meeting. RECESS: Mayor Kerry recessed the meeting at 12:45 a.m. and reconvened at 12:55 p.m. with all Councilmembers present. CONSIDERATION OF DISCUSSION OF GENERAL FUND RESERVE AND CAPITAL FUND EXPENDITURES: It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue this item to the meeting of May 17, 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 SCHEDULING AN INTERVIEW SESSION FOR APPOINTMENT OF AN ALTERNATE TO THE SENIOR CITIZENS COMMISSION: The staff report dated may 5, 1993, indicated that due to the resignation of Shannon DeCou, staff had advertised for the vacancy for the position of Alternate to the Senior Citizens Commission. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the meeting of June 28, 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 4288 - 4503: It was moved by Councilmember Age and seconded by Councilmember Bowman to approve the Warrants No. 4288 through 4503 in the amount of $763,241.44. 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 PLANNING CONSULTANT SERVICES FOR THE AMENDMENT TO THE MCDONNELL CENTER SPECIFIC-PLAN: The Planning Director presented the staff report dated May 7, 1993, which indicated that McDonnell Douglas Realty Company proposed to amend the plans for the buildout of the remaining acreage of the McDonnell Center Business Park Planned Community by changing the distribution of land uses. Four qualified planning consulting firms submitted proposals for the preparation of the specific plan document. While all of the candidates are highly qualified for this project, staff recommended that Robert Bein, William Frost & Associates (RFB) be retained to prepare the amended specific plan and The Natelson Company, Inc., as RBF's subconsultant, be retained to prepare the fiscal impact analysis. She 11 t, CITY COUNCIL MINUTES May 10, 1993 mentioned that there were some changes in the report and The Keith Companies bid was actually a range of $25,500 to $32,500. She also made several corrections in the recommendation which are reflected in the motion. It was moved by Councilmember Partin and seconded by Councilmember Bowman to: 1) Approve staff's recommendation to retain the services of RBF to prepare the amended McDonnell Center Specific Plan and their subconsultant, The Natelson Company to prepare the related Fiscal Impact Analysis; Z) Authorize the City Clerk to enter into a contract with RBF for an amount not to exceed $32,200, $28,200 to be paid for by MDC Realty Company with $4,000 to be charged in fees from future developers; and 3) Appropriate $4,000 from the General Fund Unreserved to Account No. 4189-11-192-0 6. 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 THE LOS ALAMITOS AIR STATION AICUZ STUDY: The City Manager advised that information had been received that there are studies being undertaken that are of concern to the City. The action would be to direct staff to call a meeting with the Armed Forces Reserve Center staff and the affected landowners. The Planning Director advised that some of the issues that have arisen are: find out if there would be a subcommittee with representatives from the Council and then update Council so the base could be contacted. The City Manager suggested that this item be continued to the Council's next meeting. It was moved by Councilmember Nicholson and seconded by Councilmember Age to continue this item to May 17, 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 PERMIT FOR CYPRESS HIGH SCHOOL CARNIVAL: The Planning Director reported that a request was received on May 5, 1993 from Cypress High School PTSA regarding a carnival that was to be held May 21, 22 and 23, 1993, on Friday from 5 p.m. to 10 p.m., Saturday, Noon to 10 p.m.; and Sunday, Noon to 9 p.m. The location is proposed to be the same as last year. Several of the City departments have expressed concern in the lateness of the request and staff needed Council input on location, hours of operation, police assistance. Councilmember Nicholson commented that the neighbors were very upset last year and if it is going to be held on the parking lot, that was not the Council direction. She noted that it was the understanding that it would be behind the school, on the soccer field. It was moved by Councilmember Nicholson and seconded by Councilmember Age that the carnival be held in the location as previously directed by Council or not at all. Mr. Joel Vest, 171 Fairhaven Lane, Costa Mesa, event coordinator for the carnival, stated that last year there was not enough time for proper planning and there were a lot of problems on the frant site. This year, they've had meetings with the Police Department, the principal and Mr. Willis, a neighbor, so he can hold a meeting with the other local -residents: They've agreed to set up early and tear down early and his group will be on site during the ~ entire carnival. They are considering fencing the event this year to prevent those instances that occurred last year. Councilmember Age advised that she would like to remain with the motion and the only way that the carnival will be moved off the back area is if the neighbors that did the complaining would come forward and allow the carnival in the parking lot area this year. Councilmember Bowman stated that if there is any way to work with them, he would be willing to do it. 12 j~ ~y ~ :.r CITY COUNCIL MINUTES May 10, 1993 Responding to Councilmember Bowman, the Police Chief answered that the back area is of concern because it is not nearly as well lighted, more isolated from the vehicular traffic flow and the sound will probably impact the neighbors west and south of the field. The Police Department intends to condition the permit for fencing and security in addition to those conditions required by the carnival ordinance. Mayor Kerry appealed for one more chance for the high school carnival. Councilmember Partin suggested that the permit be left with staff and that Mr. Vest contact the neighbors for their approval to hold the carnival in the parking lot and, if not, then it goes on the back lot. After some discussion, the City Manager suggested that Mr. Vest bring the neighbors' petition to the Council meeting on May 17. Councilmember Nicholson withdrew her motion and Councilmember Age withdrew her second. The Police Chief stated that the fencing and the security will be required regardless of whether the carnival is in the front or the back. It was moved by Councilmember Partin and Bowman to continue this item to the meeting of May 17, 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 Recreation & Park District Matters: CONSIDERATION OF CYPRESS RECREATION AND PARK DISTRICT FACILITY MAINTENANCE 0_PERATIONS, AND ESTABLISHMENT OF THE CLASS SPECIFICATIONS AND COMPENSATION FOR RECREATION COORDINATOR - FACILITY OPERATIONS: SENIOR LEADER AND RECREATION LEADER - FACILITY OPERATIONS: AND RECREATION SPECIALIST SENIOR CITIZENS - SOCIAL SERVICES:. The staff report dated May 5, 1993, indicated that the State budget crisis and the opening of a new community facility in 1993 mandated that the Recreation and Park District develop new budget strategies with regard to the current Facility Maintenance Operation Programs. To implement the organizational changes, it is necessary to establish class specifications for several positions and the compensation proposed will be the same as is currently established for the same classifications assigned under other recreation areas. It was moved by Councilmember Bowman and seconded by Councilmember Partin that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) approve the departmental organizational strategies for maintenance and functional assistance operations at the District's Centers; 2) adopt the attached Resolution by title only, title as follows, establishing the class specifications and compensation for the positions of Recreation Coordinator - Facility Operations; Senior Leader and Leader - Facility Operations; and Recreation Specialist, Senior Citizens - Social Services; and 3) approve the attached class specifications for said positions. RESOLUTION N0. 4190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTIONS N0. 3574 AND 4178, BY ADDING CLASS SPECIFICATIONS FOR THE POSITIONS OF RECREATION COORDINATOR-FACILITY OPERATIONS; SENIOR LEADER AND RECREATION LEADER - FACILITY OPERATIONS; AND RECREATION SPECIALIST, SENIOR CITIZENS - SOCIAL SERVICES, TO THE POSITION CLASSIFICATION PLANS, AND ESTABLISHING COMPENSATION FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 13 f ~ w. CITY COUNCIL MINUTES May 10, 1993 RECESS: Mayor Kerry recessed the Council meeting at 1:40 a.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 1:45 a.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. MAYOR OF THE CITY PRESS ATTEST: CI CLE F N CI OF CYPRESS 14