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Minutes 93-07-12 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 12, 1993 The Regular Meeting of the Cypress City council was called to order at 5:00 p.m, on Monday, July 12, 1993, in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, California, by City Clerk Darrell Essex. PRESENT: None ABSENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry RECESS: Due to the lack of a quorum, the City Clerk recessed the meeting at 5:03 p.m. to 5:30 p.m. July 12, 1993, in the Cypress Council Chamber. The Regular Meeting of the Cypress City Council was called to order at 5:40 p.m., Monday, July 12, 1993, in the Council Chamber, Mayor Gail Kerry presiding. PRESENT: Councilmembers Bowman, Nicholson, Partin and Kerry ABSENT: Councilmember Age Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Krauss and Storey. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF CONTRACT RENEWAL FOR WEED ABATEMENT FOR FISCAL YEAR 1993/94: The Public Works Director presented the staff report dated June 23, 1993, which indicated that Mr. Edwin Webber had submitted a letter offering to perform weed abatement work for Fiscal Year 1993/94 under the same specifications and for the same contract unit prices he has charged for the past 14 years. All costs are passed through to the respective property owners along with a 35% administrative charge by the City. It was moved by Councilmember Partin and seconded by Councilmember Bowman to approve the award of contract for weed abatement for Fiscal Year 1993/94 to Edwin Webber Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647, for the same contract unit prices as Fiscal Year 1992/93. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AMENDMENT N0. 2 TO CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES WITH NORRIS-REPKE INC. PUBLIC WORKS PROJECT N0. 9260: The City Manager requested the that Public Works Director summarize the staff report dated June 24, 1993, which described the areas that are proposed to be added to the pavement rehabilitation contract. In order to add these areas to the current contract, it will be necessary to amend the agreement with Norris- Repke, Inc. and a contract has been negotiated with them to provide professional services for the additional areas for a not-to-exceed fee of $9,800. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to approve Amendment No. 2 to Consultant Agreement for Professional Services for Public Works Project No. 9260 with Norris-Repke, Inc., 18231 Irvine Blvd., Suite 204, Tustin, CA 92680, for a contract amount not to exceed $9,800. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age 1 CITY COUNCIL MINUTES July 12, 1993 CONSIDERATION OF AWARD OF CONTRACT FOR ALARM ORDINANCE ADMINISTRATION: The City Manager asked Capt. Krauss to present the staff report dated July 1, 1993, which indicated that City Permit Systems administer the City's alarm ordinance and their contract will expire on June 30, 1993. City Permit Systems has agreed to administer the alarm ordinance for 40% of the fee for each alarm permit and 40% for false alarm fees collected up to $50,000 on an annual basis. It was moved by Councilmember Partin and seconded by Councilmember Bowman to authorize a one year renewal of the existing contract for alarm ordinance administration to City Permit Systems, 31921 Camino Capistrano, San Juan Capistrano, CA 92675, effective July 1, 1993, to be paid with fund from Account Number 4189-11-174-05. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age 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 Bowman requested that Item No. 13, Consideration of a Resolution Requiring Legislative Action to Use the 15% Contingency Account of the General Fund for Working Capital Expenditures and Require Contractual Agreement to Reimburse the Account, be removed. Mayor Kerry asked that Item No. 9, Consideration of Resignation of Cultural Arts Commission Alternate, Michael Neipris, be pulled. It was moved by Councilmember Partin and seconded by Councilmember Bowman to approve Consent Calendar Items No. 4 through 14, with the exception of Items No. 9 and 13. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age Item No. 4: Motion to Approve City Council Minutes of the Regular Meeting of June 14, 1993, Adjourned Regular Meeting of June 21, 1993, and the Regular Meeting of June 28, 1993. Recommendation: That the City Council approve the Minutes of June 14, 1993, June 21, 1993 and June 28, 1993, as submitted, with Council Member Nicholson abstaining on the June 28, 1993 Minutes due to her absence at the meeting. Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Terry Marshall Holmes, D.B.A. The Iron Horse Bar & Grill, 5591 Lincoln Avenue, Cypress. Recommendation: That the City Council receive and file this application contingent upon the approval/disapproval of Amendment to Conditional Use Permit No. 84-8 to be considered by the City Council at its meeting of July 26, 1993. Item No. 7: Consideration of Renewal of Non-Exclusive Taxicab Franchise - A- AAA Yellow Cab, Inc. Recommendation: That the City Council authorize a one-year renewal of the non-exclusive Taxicab Franchise issued to the A-AAA Yellow Cab, Inc., to expire on June 12, 1994. 2 f ~ ? ~ ti CITY COUNCIL MINUTES July 12, 1993 Item No. 8: Consideration of Resolutions Commending Eagle Scouts Scott Michael Edwards, Bryan Robert Hiner, and Edward James Wynder. RESOLUTION N0. 4213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT SCOTT MICHAEL EDWARDS ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION N0. 4214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT BRYAN ROBERT HINER ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION N0. 4215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT EDWARD JAMES WYNDER ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 10: Consideration of Continuing Part-Time Contract Building Inspection Services. Recommendation: That the City Council authorize the continuation of part-time contract building inspection services with Melad and Associates, 8907 Warner Avenue, #161, Huntington Beach, CA 92647, on an as-needed basis, at the hourly rate of $35.00, not to exceed $5,000, through June 30, 1994. Item No. 11: Consideration of Adoption of Resolution Requesting the Orange County Transportation Authority to Allocate Combined Transportation Program Funds for the Traffic Signal Interconnect Project on Valley View Street Between SR-22 and Artesia Blvd., Public Works Project No. 9235. Recommendation: That the City Council adopt the Resolution by title only, title as follows, requesting the Orange County Transportation Authority to allocate combined transportation program funds for the Traffic Signal Interconnect Project on Valley View Street between SR-22 and Artesia Blvd. RESOLUTION N0. 4216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR VALLEY VIEW STREET BETWEEN SR-22 AND ARTESIA BLVD. Item No. 12: Consideration of Acceptance and Assessment for Abatement of Seasonal and Recurring Weeds for Phase II of the 1992/93 Program. Recommendation: That the City Council: 1) Accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; 2) Adopt the Resolution by title only, title as follows, confirming weed abatement assessments and imposing special assessments as a lien on the parcels shown on Exhibit "A"; and 3) Approve the contract cost with Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647, in the amount of $5,979.80. RESOLUTION NO. 4217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item No. 14: Consideration of CATV Commission Recommendations on Three Public Access Grant Applications. Recommendation: That the City Council approve the grant applications as recommended by the CATV Commission. END OF CONSENT CALENDAR 3 r _ ~ , J r~; . CITY COUNCIL MINUTES July 12, 1993 Regarding Item No. 9, Consideration of Resignation of Cultural Arts Commission Alternate, Michael Neipris, Mayor Kerry suggested a delay in filling alternate positions on all Commissions. Councilmember Partin concurred and he moved that any appointment of alternate commissioners be delayed. The motion was seconded by Councilmember Partin and unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age In regard to Item No. 13, Councilmember Bowman asked the Finance Director for clarification of any differences between the previous Resolution and the proposed Resolution. The Finance Director advised that previously a policy was approved by Council and now it is desirable to adopt a Resolution requiring Council approval for the use of the working capital expenditure. It was moved by Councilmember Bowman and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, requiring Legislative action to use the 15% contingency account of the General Fund for working capital expenditures and require a contractual agreement to reimburse the account. RESOLUTION N0. 4218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUIRING LEGISLATIVE ACTION TO USE THE 15% CONTINGENCY ACCOUNT OF THE GENERAL FUND FOR WORKING CAPITAL EXPENDITURES AND REQUIRE A CONTRACTUAL AGREEMENT TO REIMBURSE THE ACCOUNT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, granting Variance No. 93-5. RESOLUTION N0. 4219 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 THE CONSTRUCTION OF A FIRST AND SECOND STORY ADDITION TO AN EXISTING SINGLE-STORY DWELLING WHICH WILL ENCROACH INTO THE REQUIRED TEN FOOT SIDE YARD SETBACK AREA OF THE PROPERTY - VARIANCE N0. 93-5 (4732 SIMONE WAY). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CLOSED SESSION: Mayor Kerry recessed the meeting at 5:55 p.m. to enable the Council to enter into Closed Session for matters of personnel and litigation. The meeting reconvened at 7:40 p.m., with all Councilmembers present, except Mayor Pro Tem Age. Also present were staff members Bacock, Barrett, DeCarlo Donovan, Eynon, Krauss and Storey. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Nicholson. 4 r, , n ~ v CITY COUNCIL MINUTES July 12, 1993 PRESENTATION: Mr. Johnnie Perkins, Vice Chair for the 1993 Cypress Community Festival, presented members of the City Council with memorabilia for this year's Festival. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. John and Marie Hall, 5662 Cynthia Lane, Cypress, Musical Director, Conductor and Founder of the Cypress Pops Orchestra, formally invited the City Council, staff and residents to attend the first concert on Saturday, July 17 at 6:00 p.m. on the Civic Center Green. Mr. Stelian Onufrei, 5401 Bishop Street, Cypress, stated he is trying to build a house on Bishop Street, which has been denied and he is trying to find out why a code change would be applicable to his property. The Planning Director advised that this issue involves the setback interpretation, the project doesn't comply with code and the applicant does have to apply for a variance. Mr. Richard W. Marzolf, 5501 Orange Avenue, Cypress, reported on the shooting that took place at the Community Center on Saturday night and suggested that parties renting the Center hire their own security guards. Captain Krauss reported that last Saturday night, about 10:20 p.m. there was a party at the Community Center that erupted into an altercation, with shots being fired. There is evidence that rival gangs were involved, a fight started, weapons were pulled and shots were fired. The Recreation & Park Director explained the rental policy and security requirements of the District for the Community Center and the Center was rented by a resident. Mayor Kerry asked for reports from staff as more information becomes available since the incident is still under investigation. The City Manager mentioned that a review of the rental policy be conducted after the investigation of the incident has been concluded. Mayor Kerry suggested that any police cost involved with the incident be placed on the resident. Ms. Charlotte Gonzales, 561 Orange Avenue, Cypress, stated she lives across the street from the Community Center and this is the third time an incident like this has happened. Something has to done to prevent these occurrences and she requested the Council's help. Mr. Harry Gardikis, 5651 Orange Avenue, Cypress, advised this is the third time there has been gunfire and the second time there has been bloodshed. He related what he saw of the Saturday night incident. He suggested that access to the Center be controlled, security extended to individuals who spill out into the parking lot and that a curfew be enforced. Ms. Holly Daub, 5611 Orange Avenue, Cypress, remarked that the people were shooting in her front yard, she has young children and they are still suffering emotionally from the incident. Councilmember Bowman stated that until the policy is formulated, perhaps the Cypress Police Department should be on site. After some discussion, the Recreation and Park Director advised that he would bring back a proposed security policy to Council at the July 26, 1993 meeting. Mr. George Shiflott, 5691 Orange Avenue, Cypress, commented that he lives directly across the street and people hang around the park and parking lots even when there are no functions at the Center. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one spoke. The City Manager reviewed the actions taken by the City Council during the 5:30 p.m. portion of the meeting. The City Attorney summarized discussions held during the Closed Session on a pending litigation matter, personnel matters involving salaries, working conditions and negotiations. 5 . ~ 4.i CITY COUNCIL MINUTES July 12, 1993 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE N0. 93-1, SECTION 14.2.6 PARKING STANDARDS FOR CHILD CARE/DAY CARE USES: Mayor Kerry opened the public hearing. The Planning Director reviewed the staff report dated July 1, 1993, which indicated that Council had directed staff to conduct a study on issues related to parking requirements for child care centers. Staff gathered information from three major sources and it was concluded that the most accurate parking analysis for a project would be site specific. The City Council chose to retain the existing parking standard while adding an amendment to the Zoning Ordinance allowing for a second alternative. Specifically, an applicant may provide an alternate parking plan subject to a parking study conducted as part of the conditional use permit process. The draft ordinance provides the second parking standard alternative for Business Park uses only and they may be allowed a second option for parking subject to a parking study as part of the conditional use permit process. After some discussion, the Planning Director advised that for Child Care/Day Care facilities, the conclusion was that the location is more important than the number of parking spaces. No one wished to speak in support of or in opposition to the proposed amendment. It was moved by Councilmember Partin and seconded by Councilmember Bowman to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act, and to approve the first reading of the Ordinance by title only, title as follows, amending Section 14.2.6 of Appendix I, "Zoning," of the Code of the City of Cypress. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 14.2.6. OF THE APPENDIX I, "ZONING." OF THE CODE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE N0. 93-3, AMENDING SECTION 9.1 OF THE CYPRESS ZONING ORDINANCE, "PERMITTED AND CONDITIONAL USES: RESIDENTIAL ZONES" REQUIRING A CONDITIONAL USE PERMIT FOR ALL SECOND FLOOR BALCONIES IN RESIDENTIAL ZONES": The public hearing was opened by Mayor Kerry. The City Manager requested the Planning Director to summarize the staff report dated June 3 and June 30, 1993, which described requests by Council to modify the proposed amendment to require a conditional use permit for second floor balconies in side and rear yards only, exempting balconies located in front yard. Additionally, Council instructed staff to consider the nonconforming use section of the Code to determine whether existing legally permitted side and rear yard second floor balconies can be determined to be legal conforming uses should the ordinance pass. The nonconforming use section should be amended to allow for all legally permitted second floor balconies located in side and rear yards to remain as legal conforming uses. She noted that the- amendment for the nonconforming use section would not be scheduled for hearing until August 9, 1993 because of noticing requirements for the environmental documentation. Responding to Councilmember Bowman, the City Attorney advised that if the nonconforming use amendment becomes effective a month after this amendment, all second floor balconies that now exist would be nonconforming uses. Both the amendments should go into effect at the same time, so there is no gap between nonconforming and legal uses. The Planning Director noted that if Council wishes both amendments to become effective at the same time and someone applied during the time period, staff could flag any design reviews that are balconies, provide the plans, then Council would have the option of hearing the item. Councilmember Bowman stated that approach would address any problem of an individual who might be 6 1 j' ~ , - ? t./ CITY COUNCIL MINUTES July 12, 1993 in the process of requesting a balcony at this time. Notices of the public hearing were posted and published and, to date, staff has not received any comments on this proposal. Mayor Kerry asked if anyone would care to speak in support of or in opposition to the proposed amendment. No one spoke. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act; and to approve the first reading of the Ordinance by title only, title as follows, amending Section 9.2 of Appendix I, "Zoning," of the Code of the City of Cypress, "Permitted and conditional uses: Residential zones" requiring a conditional use permit for all second floor balconies located in side and rear yards and delay the second reading of this ordinance until such time as the second reading of the ordinance amendment modifying the nonconforming use section of the Cypress Zoning Ordinance. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9.1 OF APPENDIX I, ZONING OF THE CODE OF THE CITY OF CYPRESS "PERMITTED AND CONDITIONAL USES," TO REQUIRE A CONDITIONAL USE PERMIT FOR SECOND STORY BALCONIES LOCATED WITHIN ALL RESIDENTIAL ZONES, AND FOR OTHER PURPOSES AS DEFINED HEREIN. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE• VARIANCE NO 93-7 - REDUCTION IN REAR YARD SETBACK. 4038 CARDIFF DRIVE CYPRESS: The public hearing was opened by the Mayor. The City Manager reported that he had received a, verbal request from Janet Anderson, 9466 Cambridge, Cypress, who was not able to attend the Council meeting but was opposed to the granting of the variance and several written comments that have been received by the Planning staff. The Planning Director advised that the Code Enforcement Officer had received several calls previous to this specifically relating to the public hearing notice. Written opposition and pictures from Richard R. and Barbara D. Verdugo, 4035 Selkirk Court, who asked staff to submit those pictures to the City Council. Also correspondence was received from Rosemary and William Freeman, 9456 Cambridge Street; George and Betty Over, 4018 Cardiff Drive; and an anonymous phone call. The Planning Director then presented the staff report dated June 21, 1993, which represented a request to vary from the City of Cypress Zoning Ordinance Section 9.2.6.8. to allow a five foot rear yard setback and a rear yard open area of 634 square feet at 4038 Cardiff Drive. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 3. This application is a resubmittal of Variance No. 90-3 submitted on February 1, 1990, which was heard and unanimously denied due to the applicant's failure to satisfy the findings required for the granting of a variance. Since denial of the original application, various attempts were made between the applicant and the City to resolve this matter with no resolution being reached. In order to grant a variance findings need to be made to establish certain circumstances. After analyzing the applicant's proposal, staff determined there was insufficient justification to support this particular variance request. The Cypress Building Department has indicated that substantial building code violations may exist on the property and that permitting the structure to remain as constructed may cause a public health and safety hazard. Notices of the public hearing have been published, posted and mailed to all property owners within 300 feet of the subject property. To date, staff has received several responses to the Public Hearing Notice. Additionally, the City's Code Enforcement Officer has been contacted by several property owners in the vicinity of this proposal who have expressed concerns regarding this project. 7 s t CITY COUNCIL MINUTES July 12, 1993 Mr. Richard Holmes, Attorney representing Mr. Caswell, One City Boulevard West, Suite 316, Orange, presented some exhibits to the Council on the property and provided some background information on the remodeling of the home. He argued that the findings required could be satisfied by the applicant and he provided addresses and pictures of 32 homes in the City that had received variances for rear yard additions. Mr. Harold Caswell, 4038 Cardiff Drive, Cypress, with assistance from his attorney, answered questions from Council on the lack of permits. He stated ^3f#a° that the contractors had assured him they would take care of obtaining any permits, but he never saw anything saying that the structures were permitted. Mr. Caswell and his attorney, Mr. Holmes, reviewed the pictures that the Council had received from the Uerdugos. Mayor Kerry asked if anyone wanted to speak in support of the application. Ms. Sandy Faraci, 4029 Cardiff Drive, Cypress, a neighbor adjacent to Mr. Caswell, stated she has no objection to the variance. Mr. Scott Keys, 4048 Cardiff Drive, Cypress, stated he has no objection to the completion of the room addition; however, he would want the structure to comply with the possible health and safety violations. Ms. Norma Martella, 9364 Fleetwood Street, Cypress, commented that she lives across the street, the structure is not noticeable and she has no objection to the variance. Mr. Arlen Marsyla; 4019 Cardiff Drive, Cypress, remarked that he had signed a petition stating he had no objection to the addition. Mr. Dick Elias, 4039 Cardiff Drive, Cypress, stated he cannot see the structure from his home and spoke in favor of granting the variance. It appeared to him that Mr. Caswell was being punished for something for which he was not responsible. Mayor Kerry asked if anyone wished to speak in opposition to the application. Mr. Arnie Loewenberg, 4028 Cheshire Street, Cypress, representing the homeowners association, reminded the Council that this home is part of a homeowners association of 98 homes. He read from the CC&Rs of the association and the requirement that any alteration to a home has to be brought before the Board of the association for their approval. The City Attorney clarified that there is an existing structure. The building permits are not the issue; they are related to the health and safety of the structure itself. During the normal course of business, this application should have been processed prior to the building of the structure. Councilmember Bowman asked if a variance would have been required at the time the patio was enclosed. The Planning Director would verify that under the applicable Code at that time. Councilmember Bowman requested information on the chain of events and at which point variances would have been required. This item was deferred to allow staff time to research previous codes and report back to the Council later in the evening. CONSIDERATION OF PUBLIC HEARING RE: INCREASING CERTAIN FEES FOR CITY SERVICES: The Mayor opened the public hearing. At the request of the City Manager, the Finance Director reviewed the staff report dated June 29, 1993, which referenced the study conducted by Management Services Institute, Inc. (MSI) in October 1991. Recently, an analysis was conducted to determine if any fees should be increased due to the cost in providing services. Therefore, staff is recommending certain service fee increases and the increase in street sweeping fees to $2.50 per month for both residential and non-residential customers based on Council. direction given at the June 21, 1993 budget workshop. 8 ~ f' . CITY COUNCIL MINUTES July 12,.1993 Mayor Kerry asked if annual fees in a Density Bonus Review could be increased. The Planning Director mentioned that $50 for an annual check is adequate; anything beyond that, $50 is not enough. The Finance Director suggested a flat annual fee. For the Density Bonus Review and any review that last more than an hour, then full costs would be charged. Mayor Kerry requested that this change be made. No one wished to speak in favor of or in opposition to the resolution. Councilmember Bowman requested a method be devised to protect the tenant so the annual fee is not passed onto them, thus making the unit unaffordable. The City Manager suggested that the deposit be posted up front at the time the Density Bonus is approved. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to close the public hearing and adopt the Resolution by title only, title as follows, establishing certain fees for City Services. RESOLUTION NO. 4220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING CERTAIN FEES FOR CITY SERVICES. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age RECESS: Mayor Kerry recessed the meeting at 10:00 p.m. and reconvened at 10:15 p.m. with all Councilmembers present, except Mayor Pro Tem Age. Recalling Item No. 18, CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 93-7 - REDUCTION IN REAR YARD_SETBACK. 4038 CARDIFF DRIVE CYPRESS, and the question posed by Councilmember Bowman regarding the variance requirements in 1979 for an enclosed patio, the Planning Director reported that a 20 foot rear yard setback was required in 1979 and in 1982 the setback was reduced to 10 feet with a 1,100 square foot rear yard area to provide sufficient open area. In 1979, when the patio was enclosed, it had to meet the setback requirements of the main structure. Two variances would have been needed: one, at the time that the patio was enclosed and another separate variance would have been required for the second story addition. Responding to Councilmember Bowman, the Assistant Planner reported that he had not found any second story additions that required a variance in this tract. Mr. Holmes stated that five of the eight photos taken by Mr. Verdugo of the Caswell addition were not of that structure. He proceeded to address the findings that applied to this request and Mr. Caswell would do whatever is required to minimize the intrusion into Mr. Verdugo's privacy; however, the other four neighbors have no objection to the structure. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing and deny Variance No. 93-7 based on the report analysis and the project's failure to satisfy the required findings for a variance as specified in Section 17.3-7 of the Cypress Zoning Ordinance. Councilmember Bowman advised that this is the second time he has listened to this testimony, he hasn't changed his opinion and the property owner behind should have had the right to a public hearing before the addition was constructed. Councilmember Nicholson advised that she would deny the variance because of five foot rear yard setback from the adjacent property. Mayor Kerry stated that this request would never have been approved originally if it had come before the Council. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age 9 ~ ~ CITY COUNCIL MINUTES July 12, 1993 Mayor Kerry requested the City Attorney to proceed as expeditiously as possible to take care of this matter. CONTINUATION OF CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION FOR APPOINTMENT OF AN ALTERNATE TO THE SENIOR CITIZENS COMMISSION: The City Manager advised that this item was addressed by the Council's previous action. Mayor Kerry announced that, during the 5:30 p.m. session, the Council voted to delay any Commission alternate appointments and consider only Commissioner appointments. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to reappoint Senior Citizens Commissioner Mary Ballerini. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONTINUATION OF CONSIDERATION OF RECOMMENDATION FOR POSSIBLE MODIFICATION TO SECTIONS 14.2.A.4(b) AND 14.2.A.4(c) OF THE CYPRESS ZONING ORDINANCE PERTAINING TO SHARED PARKING BETWEEN COMMERCIAL AND CHURCH USES: The City Manager asked the Planning Director to present the staff reports dated June 1 and July 6, 1993, which indicated there are many variables associated with shared parking between church and commercial uses. Staff is recommending that a parking study be required for all future requests for shared parking between church and commercial uses, which shall be contracted by the City and paid for by the applicant. The study shall be commissioned by the Planning Department at the time of Preliminary Design Review and be completed prior to submittal of a formal conditional use permit application. This requirement shall be included in Section 14.2.A.4. of the Zoning Ordinance which allows for shared parking for church uses. After further discussion, the City Attorney added that a parking study is the most flexible way of dealing with parking and regulating the hours of activities of the church so if additional activities are going to be anticipated, the amendment to the use permit will provide the ability to determine what parking is available. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to instruct staff to prepare an ordinance amendment modifying Section 14.2.A.4. of the Cypress Zoning Ordinance to include the requirement for a parking study for any church requesting a shared parking arrangement. The new section was recommended to read as follows: "Any shared parking arrangements between church uses and commercial uses shall be required to submit a parking study contract by the City and paid for by the applicant. The study shall be commissioned by the Planning Department during the Preliminary Design Review Stage and shall be completed prior to formal submittal of a conditional use permit application." The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONTINUATION OF CONSIDERATION OF REVISION OF CITY MANAGER'S CONTRACT: Mayor Kerry further commented on the staff report dated July 8, 1993 that the Public Employees' Retirement System (PERS) will be placing tight controls on what compensation will used for calculating retirement benefits. It has been made clear that if a person retires by June 30, 1994, PERS will include many benefits which will not be allowed after that date. PERS has made an allowance for individuals with an employment agreement to take advantage of these benefits. The City Attorney will review the agreement and bring it back to Council at the next meeting. The agreement will also be sent to PERS in Sacramento requesting their interpretation to guarantee that the agreement conforms to the rule changes. 10 r ~ ` t . CITY COUNCIL MINUTES July 12, 1993 The City Attorney clarified that if the City Manager did elect to retire within the timeframe PERS would allow, the City would be exposed to a significant sum of money which the City would have to pay through unfunded liability because of the PERS ruling. Retaining the City Manager for several more years will save the City a significant sum of money. It was moved by Councilmember Partin and seconded by Councilmember Bowman to direct the City Attorney to prepare the appropriate three year contract, incorporating the revisions which the Council has articulated and bring the completed document back to Council after review by PERS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF REQUEST FROM MR. JOHN E HALL III MUSIC DIRECTORf GENERAL MANAGER OF CYPRESS "POPS" ORCHESTRA: The City Manager referred to the staff report dated July 7, 1993 describing the communication received from the Cypress "Pops" Orchestra, which was a request for funding the concert season. Representatives were present to discuss the issue. Mr. Carl Eriksen, representing the Cypress "Pops", commented that last year, representatives of the "Pops" came before Council prior to each concert to request funding and he asked if that was Council's wish this year. Councilmember Partin stated that he had attempted to relate to John and Marie Hall that it was very unlikely the City would be able to help fund the concerts this year. All of the discretionary funding that Council had authority to use has been removed from the budget. There is no funding for any group at all for this coming Fiscal Year. Mayor Kerry commented that a Fiscal Advisory Committee has been formed to review the services the City provides and how they will be funded. She wished to refer this item to the Committee with the instruction that it is part of their charge to determine what things are important to this community and how they are to be funded. Councilmember Nicholson remarked if Cypress cannot afford a policeman, how could they give money to non-profit organizations. Mr. Eriksen mentioned the liability insurance they were required to purchase because of the extended speakers and aboveground wiring. He asked if it were possible for the City to dig a trench for that wiring. Responding to Councilmember Bowman, the Recreation & Park Director advised that the District had budget approval for $7,500 for Cultural Arts Commission support of the Youth Concert and in-kind services amounting to approximately $10,000. Mrs. Marie Hall advised that the "Pops" budget this year was $92,000 and expressed appreciation for the in-kind services provided by the City. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin 'and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF BUDGET REDUCTION ALTERNATIVE - EARLY RETIREMENT/SEPARATION INCENTIVE BENEFITS - PARS CONTRACT: The City Manager commented that this is a concept that the Council did discuss in early budget workshops which dealt with programs where early retirement benefits might be utilized to save some salary benefits. Several meetings have been held at the TEAM level regarding the concept of an early retirement/separation program and a firm called PARS had provided figures on estimated savings. 11 CITY COUNCIL MINUTES July 12, 1993 The Personnel Director reported that the potential savings is from just over $300,000 to almost $500,000 per year for the first year and additional savings thereafter. After some discussion, it was moved by Councilmember Bowman and seconded by Councilmember Partin to approve the concept of early retirement incentives/separation incentives and authorize the Personnel Director to enter into an agreement between the City and the Public Agency Retirement System (PARS) for services as described in the staff report dated July 5, 1993 and in the attachment, not to exceed $25,000. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF ADDITIONAL APPROPRIATION FOR OFFICE FURNITURE - PLANNING DEPARTMENT: The Planning Director reviewed the staff report dated July 7, 1993, which identified the need for additional office furniture due to the recent restructuring of the Community Development Department. Costs will be shared between the City and the Redevelopment Agency, with the major cost associated with four modular workstations. Councilmembers expressed concern over the cost of the furniture and staff advised that these are maximum prices and every effort will be made to obtain the furniture at a lesser cost. It was moved by Councilmember Partin and seconded by Councilmember Bowman to authorize the transfer of $7,850 from the unreserved fund balance of the General Fund to the Central Service fund; and appropriate $7,850 for the workstations and desk chair as follows: $7,200 to 4660-90-658-38 and $650 to 4661-90-658-38. Councilmember Bowman requested that the final cost be provided to Council. The motion unanimously carried by the following roll cal 1 vote : AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 5200 - 5435: It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve Warrants No. 5200 through 5435 in the amount of $843,620.08. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age RECESS: Mayor Kerry recessed the Council meeting at 11:10 p.m. to allow the Council to conduct business as the Cypress Redevelopment Agency. The Council meeting convened at 11:35 p.m. with all Councilmembers present, except Mayor Pro Tem Age. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The City Manager announced that he had a communication that is not for action tonight, but the City is proceeding with a survey on Lincoln Avenue and the Council may be contacted. Councilmember Nicholson mentioned the vacated Nissan dealership which has graffiti on the buildings and asked if the graffiti was being taken off. The Planning Director reported that the City had received a signed right to enter from the property owners. Regarding the empty house, the property owners were considering demolishing it. Mayor Kerry mentioned the gas station at Moody and Cerritos is now vacated. The Public Works Director reported the material is being pumped out of the gr©und, it will take months to complete and there are very low quantities of 12 CITY COUNCIL MINUTES July 12, 1993 gasoline vapor in the storm drains now. Public Works will provide a status report on the work in progress. Councilmember Nicholson asked if the City had given permission to remove the dirt from the maintenance yard. The Public Works Director replied in the affirmative and noted that Cypress Land Company will take the remaining dirt out in the next two weeks. Mayor Kerry commented that a Concert on the Green was held on July l0, which was very well attended. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Kerry adjourned the meeting at 11:40 p.m. to Monday, July 19, 1993, in the Administrative Conference Room, Cypress City Hall. MAYO OF E CITY ESS ATTEST: CIT CLE THE C Y OF CYPRESS 13