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Minutes 93-07-26 { /f - Z. ~c f i r, . MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 26, 1993 The Regular Meeting of the Cypress City Council was called to order at 5:31 p.m. on Monday, July 26, 1993, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Pro Tem Cecilia L. Age presiding. PRESENT: Councilmembers Bowman, Nicholson, Partin and Age ABSENT: Mayor Kerry Also present were Acting City Manager/City Clerk David Barrett, City Attorney John Cavanaugh and staff members Bacock, DeCarlo, Munoz, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. 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. The Acting City Manager requested that Item No. 11, Consideration of Establishing the Class Specification and Compensation for Administrative Analyst be withdrawn from the agenda. Mayor Pro Tem Age asked that Item No. 1, Motion to Approve City Council Minutes of the Regular Meeting of July 12, 1993 be removed. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the Consent Calendar, Items No. 1 through 10, with the exception of a part of Item No. 1. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry Item No. 1: Motion to Approve City Council Minutes of the Adjourned Regular Meeting of July 19, 1993. Recommendation: That the City Council approve. the Minutes of July 19, 1993, as submitted. Item No. 2: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 3: Consideration of Proclaiming August 1993, as "Scleroderma Awareness Month." Recommendation: That the Mayor and City Council officially proclaim August 1993, as "Scleroderma Awareness Month" in the City of Cypress. Item No. 4: Consideration of Resolution Commending Eagle Scout Matthew Wayne Keller. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Eagle Scout Matthew Wayne Keller. RESOLUTION NO. 4221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT MATTHEW WAYNE KELLER ON ATTAINING THE RANK OF EAGLE SCOUT. 1 r., ~'~eti, CITY COUNCIL MINUTES July 26, 1993 Item No. 5: Consideration of Attendance of the City Manager to the 79th Annual ICMA Conference. Recommendation: That the City Council authorize the attendance of the City Manager to the 79th Annual Conference of the International City/County Management Association (ICMA), scheduled for September 19-22, 1993, in Nashville, Tennessee, and be reimbursed for all actual and necessary expenses incurred. Item No. 6: Consideration of Renewal of Professional Photographic Services Contract. Recommendation: That the City Council authorize staff to renew the contract for professional photographic services with Mr. Edward H. Spurgeon of Cypress Photo Art, 6179-B Ball Road, Cypress, CA 90630, for the period of March 1, 1993 through February 28, 1994, with no change to the existing contract rates. Item No. 7: Consideration of Recommendations from the Traffic Commission Meeting of June 15, 1993. Recommendation: That the City Council approve the recommendation of the Traffic Commission and adopt a Resolution by title only, title as follows, approving the installation of an additional 30' of "No Parking Anytime" area, adjacent to the existing 20' of "No Parking Anytime" area, providing a total of 50' of "No Parking Anytime" area on the west side of Holder Street, north of Casa Verde Drive. RESOLUTION NO. 4222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN ADDITIONAL "NO PARKING ANYTIME" AREA ON THE WEST SIDE OF HOLDER STREET, NORTH OF CASA VERDE DRIVE. Item No. 8: Consideration of Support for AB 2373 (Vasconcellos), the Local Government Finance Clean-up Trailer Bill. i Recommendation: That the City Council go on record in support of AB 2373 and authorize the Mayor to send letters to the appropriate State officials indicating the City's position. Item No. 9: Consideration of Design Review Committee's Approval of DRC #93- 16. Recommendation: Receive and file. Item No. 10: Consideration of Opposition to AB 1257 (Friedman) Housing Relocation Assistance Act: Compensation. Recommendation: That the City Council go on record in opposition to AB 1257 (Friedman) and authorize the Mayor to send letters to the appropriate State officials expressing the City's position. END OF CONSENT CALENDAR In Item No. 1, the portion regarding the Motion to approve City Council Minutes of the Regular Meeting of July 12, 1993, Mayor Pro Tem Age would abstain from the vote due to her absence at that meeting. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve the Minutes of the Regular Meeting of July 12, 1993. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry ABSTAINED: 1 COUNCILMEMBERS: Age 2 j~ CITY COUNCIL MINUTES July 26, 1993 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, denying Variance No. 93- 7. RESOLUTION N0. 4223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A 634 SQUARE FOOT REAR YARD OPEN AREA AND A SETBACK OF FIVE FEET (5') - VARIANCE N0. 93-7. (4038 CARDIFF DRIVE) The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry ABSTAINED: 1 COUNCILMEMBERS: Age The Acting City Manager announced that there was an addendum to the Agenda of Item No. 12a, which was an ordinance amending parking standards for child care/day care uses. It was moved by Councilmember Nicholson and seconded by Councilmember Partin to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending the City Code. ORDINANCE N0. 898 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 (PARKING STANDARDS FOR CHILD CARE/DAY CARE USES). The motion carried by the following roll call vote: . AYES: 3 COUNCILMEMBERS: Bowman, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry ABSTAINED: 1 COUNCILMEMBERS: Age Mayor Pro Tem Age abstained due to her absence at the July 12 meeting. CLOSED SESSION: Mayor Pro Tem Age recessed the meeting at 5:40 p.m. to allow the Council to enter into Closed Session for matters of personnel and litigation. The Council meeting reconvened at 7:30 p.m. with all Councilmembers present except Mayor Kerry. Staff members present were Bacock, Barrett, DeCarlo, Eynon, Munoz, Storey and Wicker. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman. The Acting City Manager summarized the actions taken by the Council during the 5:30 p.m. portion of the July 26, 1993 Agenda. The City Attorney reviewed discussions held during Closed Session on three personnel items involving appointments, dismissal and salaries and one item on property negotiations. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Councilmember Bowman mentioned that there as some discussion at a Cypress POPS concert on July 17 urging the audience to contact the Councilmembers because they had not provided any funding for the POPS orchestra. He clarified that discussion was not accurate; the Council has provided funding in the amount of $17,127, which included cash and in-kind services. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. 3 t` ~I Y y CITY COUNCIL MINUTES July 26, 1993 The Acting City Manager asked the Council to consider adding an urgency item to the Agenda on an update of the E1 Toro closure committee, which is being formed by the County. Mayor Pro Tem Age asked for a motion to add this to the Agenda as Item No. 19a. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to add Item No. 19a to the Agenda. The motion unanimously carried by the following roll call vote; AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 84-8 - COCKTAIL LOUNGE WITH FOOD SERVICE, 5591 LINCOLN AVENUE: Mayor Pro Tem Age opened the public hearing. The Planning Director presented the staff report dated July 13, 1993, which represented a request for a change in use from an existing restaurant/cocktail lounge to a cocktail lounge use at Coop's Bar & Grill located at 5591 Lincoln Avenue. This request included a change in the type of liquor license from a Type 47 to a Type 48. According to the requirements of the California Environmental Quality Act, this project included no expansion of use and is, therefore, considered exempt, Class 1. Due to the fact the facility is no longer operating as a restaurant use and is currently operating as a cocktail lounge use, the Department of Alcoholic Beverage Control required that the applicant amend his liquor license from a Type 47, which permits general alcohol in conjunction with restaurant uses, to a Type 48 license-for cocktail lounge uses which restrict patrons to 21 years of age and over. Staff will be requiring, as a condition of approval, that the entire parking lot area be repaved, restriped and include wheelstops for all designated parking stalls. The unsightly appearance of the property, as it presently exists, has led to the determination that the property is not in conformance with the goals and policies of the Lincoln Avenue Redevelopment Project Area Plan. Notices of the public hearing were posted at the Cypress City Hall, Cypress Police Department and Cypress Community Center and published in the News-Enterprise. To date, staff has not received any comments on this proposal. Mr. Terry Holmes, 13066 Dunstan Lane, Garden Grove, stated that he would comply with the conditions as outlined by staff. He also stated, in response to a report given by the Police Chief, that the motel patrons were using the pay phone in front of the cocktail lounge and he will have the pay phones removed. Responding to Councilmember Bowman, the applicant advised that they have a small live, musical combo, with dancing, on Friday and Saturday nights. Mayor Pro Tem Age asked if anyone wished to speak in favor of or against the application. No one spoke. In response to a question from Councilmember Nicholson, the Police Chief advised that a separate application would have to be made for a live entertainment permit and they would not be able to conduct live entertainment until the permit was obtained. It was moved by Councilmember Bowman and seconded by Councilmember Partin to close the public hearing and approve Amendment to Conditional Use Permit No. 84-8 for one year subject to the conditions in Exhibit "A." The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry Councilmember Bowman advised the applicant to apply for a live entertainment permit for the two piece combo and/or dancing. 4 j: CITY COUNCIL MINUTES July 26, 1993 CONSIDERATION OF PUBLIC HEARING RE: ADDITION OF INDOOR BATTING CAGES TO THE LIST OF CONDITIONAL USES IN THE BP-20000 BUSINESS PARK ZONE: The public hearing was opened by Mayor Pro Tem Age. The Planning Director summarized the staff report dated July 13, 1993 to which was attached a resolution for the addition of indoor batting cages to the list of conditional uses in the BP- 20000 Zone. In accordance with the requirements of the California Environmental Quality Act, a statement of Negative Declaration has been filed for this project. Notices of the public hearing were posted at the Cypress City Hall, Cypress Community Center and Cypress Library and published in the News-Enterprise. To date, staff has not received any comments on this proposal. No one wished to speak in support of or in opposition to the proposed addition to the list of conditional uses. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act; and adopt the Resolution by title only, title only, adding indoor batting cages to the list of conditional uses in the BP-20000 Business Park Zone. RESOLUTION N0. 4224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO THE BP-20000 BUSINESS PARK ZONE FOR THE ADDITION OF BATTING CAGE USES TO THE LIST OF CONDITIONALLY PERMITTED USES. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF PUBLIC HEARING RE: MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT N0. 1 FOR FISCAL YEAR 1993-94 CITY OF CYPRESS PROJECT N0. 8615-90: The public hearing was declared open by Mayor Pro Tem _ Age. The Assistant City Engineer reviewed the staff report dated July 13, 1993, which advised of the intent to order the modification of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 1993-94 and set a public hearing. Affidavits of posting and publication of these notices are on file in the office of the City Clerk. No one wished to speak in support of or in opposition to the modification. It was moved by Councilmember Bowman and seconded by Councilmember Partin to close the public hearing, and adopt the Resolution by title only, title as follows, ordering the modification of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 1993-94, pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION N0. 4225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE MODIFICATION OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT N0. 1 FOR FISCAL YEAR 1993-904, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONTINUATION OF CONSIDERATION OF POLICY REGARDING BOARDING UP OF ABANDONED BUILDINGS: Mayor Pro Tem Age advised that there has been a request to continue this item until a full Council is present. 5 '~-Z6. ~o . ~ CITY COUNCIL MINUTES July 26, 1993 It was moved by Councilmember Partin and seconded by Councilmember Nicholson to continue the item to the meeting of August 9, 1993. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin ..and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONTINUATION OF CONSIDERATION OF ANTI-GRAFFITI ORDINANCE: Mayor Pro Tem Age., stated that there was a request that this item also be continued for the presence of a full Council and the Police Chief. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue this item to the meeting of August 23, 1993. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF AMENDMENT TO DESIGN REVIEW COMMITTEE NO 92-27 SIDE YARD WALLS FOR SIX SINGLE-FAMILY HOMES. 8075-8125 ACACIA CIRCLE: The Acting City Manager requested that the Planning Director present the staff report dated July 20, 1993, which referenced a letter submitted by the applicant requesting an amendment to the conditions of approval. The amendment requested is to allow for the construction of wood fences instead of block walls along the project sideyards in a tract of single-family homes to be built at 8075-8125 Acacia Circle. In this case, the proposed change from block wall to wood fence indicated the need for a policy interpretation from the City Council. Staff requested direction from the City Council as to a policy regarding wooden fences for individual lot sideyards. Responding to Councilmember Bowman, the Planning Director replied that the request is specific to the project at hand. Staff is seeking policy direction from Council since it is a design review issue and, in design review, consistency is a factor. The determination is to be made on this project only, but long term guidance is requested because the issue will arise again. Mayor. Pro Tem Age stated she would request that the determination be made on this project only and not on policy in general. Councilmember Nicholson advised that she would prefer to remain with the block wall fencing and a]so make that requirement part of policy. Councilmember Partin suggested that the policy be tempered by location and to take each construction project into consideration on an individual basis. Mayor Pro Tem Age commented that she would like to have the block wall remain, but because of the market and the location of the proposed construction, she would concur with Councilmember Partin. Councilmember Bowman advised that he would abstain from the vote because there is the possibility of future financial interest in the property. It was moved by Councilmember Partin and seconded by Mayor Pro Tem Age to direct staff to grant the use of wooden fencing for the individual lot sideyards for the six single-family homes to be constructed at 8075-8125 Acacia Circle. The motion carried by the following roll call vote: AYES: 2 COUNCILMEMBERS: Partin and Age NOES: 1 COUNCILMEMBERS: Nicholson ABSENT: 1 COUNCILMEMBERS: Kerry ABSTAINED: 1 COUNCILMEMBERS: Bowman CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 5436 - 5747: It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve the Warrants No. 5436 through 5747 in the amount of $689,250.29. The motion unanimously carried by the following roll call vote: 6 ~ 7 y. 4d CITY COUNCIL MINUTES July 26, 1993 AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF UPDATE ON THE FORMATION OF THE EL TORO CLOSURE COMMITTEE: The Acting City Manager requested the Planning Director provide the update. The Planning Director represented the City at a meeting about the closure of the E1 Toro Airbase conducted by the Orange County Regional Airport Authority including the five cities of Garden Grove, Yorba Linda, Stanton, Santa Ana and Newport Beach. Recently, the County has suggested a participation plan for a committee to deal with the issues related to the closure of E1 Toro. There are now two agencies preparing to address those issues: a group of cities and the County. It was the Planning Director's understanding that the Department of Defense will recognize the agency that the most impacted cities choose. The County is proposing a participatory committee, which currently consists of 17 or 18 members with the majority representing business or business organizations and none from North County. She then described the proposed makeup of the committee. It appeared that the final committee makeup would allow any city to join as an ex-officio member. The City Manager had suggested sending a letter to the County requesting that they consider appointing a representative from each group of cities adjacent to the airports in Orange County. Mayor Pro Tem Age remarked that she was a member of the John Wayne Airport Commission and she would abstain from further discussion on this item. Cquncilmember Partin voiced his support of the recommendation for cities bordering airports to be represented on the committee currently studying this and be prepared to pay for Cypress' share of any studies that are needed because a major change in one airport will affect all airports in the County. Councilmembers Bowman and Nicholson concurred. The Planning Director clarified that Council did wish Cypress to be a part of the Joint Powers Authority Group. Council also directed staff to write a ,mom letter to the County requesting cities adjacent to an airport have a representative on the committee, with a copy to Joan Mittermeier, Airport Director at John Wayne Airport. After some discussion, the City Attorney clarified that the E1 Toro airbase will be closed and the main question is what level and type of airport use will be considered. Recreation & Park District Matters: CONSIDERATION OF FACILITY USE POLICY: The Recreation & Park District Director summarized the staff report dated July 20, 1993 which provided recommendations to help prevent a recurrence of the incident at the Cypress Community Center on July 10, 1993. A private party being held at the Community Center on July 10 erupted into gunfire following an altercation between several individuals in the parking lot. Staff is currently in the process of a reorganization; which will enable a facility operations staff person to be present at all functions at the Community Center and Senior Citizens Center. Each home facing the community center is being visited by staff to inquire about neighborhood concerns of activities at the Community Center and to note any suggestions they may have to prevent future incidents. The suggested changes in the Facility Use Policy are divided into five areas of: facility staffing, security, alcoholic beverages, event operating hours and fes/deposit changes. The Director noted the suggested increase in non- resident fee should be from $700 to $800, rather than the $250 to $350 cited in the staff report. In addition to the policy changes, staff also recommended that the Recreation and Community Services Commission further discuss potential facility use security issues at its next public meeting on Tuesday, August 17, 1993. After some discussion, Councilmember Nicholson asked if there were sufficient funds to upgrade the lighting in the parking lot and the Director replied in the affirmative because they are in the process of upgrading all of their park lighting. ~ -z ~ i~ i f `y~ f •.j CITY COUNCIL MINUTES July 26, 1993 Councilmember Bowman suggested that at the approximate cost of $180, a uniformed police officer be added into the rental cost of the facility. The City Attorney suggested that the type of event be considered, rather than the renter. After additional questions and answers, testimony was taken from some of the Community Center neighbors. Mr. Alfredo Gonzalez, 5661 Orange Avenue, Cypress, reported that there were previous incidents of gunfire at the Center. He felt that the Council was selling out the neighbors' safety for the rental money. The situation has. been getting worse at the Center and there should be a 10 p.m. curfew. Mayor Pro Tem Age stated she did not have a problem with a 10 p.m. curfew and suggested that the Recreation & Community Services Commission consider it. Councilmember Nicholson stated she would not vote to approve the recommendations before Recreation & Community Services Commission review. It way moved by Councilmember Nicholson and seconded by Councilmember Bowman to submit the staff recommendations for Facility Use Policy Changes, as amended, to the Recreation & Community Services Commission for their review. Councilmember Bowman suggested that if there is a problem, the police handle it and not the Park & Recreation staff. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: xerry ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. Harry Gardikis, 5651 Orange Avenue, Cypress, stated he commended the police and he also commended the Recreation & Park Director on the timeliness of his report. He believed the problem is what occurs in the Community Center parking lot. He also suggested a 10 p.m. curfew and assurance that the Center will be vacated. He stated he also witnessed a shooting about a year ago and it originated from an event at the Community Center. He suggested guest be by invitation only, with a guest list and take their license plate numbers taken. Councilmember Bowman requested that the Director of Recreation and Parks provide a breakdown of the percentage of the Community Center's revenue resulting from rental fees for private parties for the Commission's review. Mr. Richard Marzolf, 5501 Orange Avenue, Cypress, commented that he lived on the corner of Orange and Walker. He stated he is not bothered by noise, but by the traffic from the Community Center. Mayor Pro Tem Age reported that the City had just celebrated a week of festivities culminating with the Annual Community Festival in honor of the City's birthday. Police Chief Wicker advised that, in checking his records, on July 12, 1991, there was a weapons and shooting incident related to the Community Center. ADJOURNMENT: Mayor Pro Tem Age adjourned the meeting at 8:55 p.m. YOR PRO TEM OF THE TY CYPRESS ATTEST: CITY CLERK OP' THE CITY OF YPRESS 8