Minutes 93-08-09 ~Y
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 9, 1993
The Regular Meeting of the Cypress City Council was called to order at 5:35
p.m. on Monday, August 9, 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, Bandurraga, Barrett, Eynon, Munoz, and
Storey.
WORKSHOP SESSION: Review of Marketing Program
The Planning Director, Chris Eynon, introduced the presentation of the
Marketing Program, the updates and the request for Council authorization. Ms.
Kathie DeRobbio, representing Gardner Communications, and City staff member
Bill Kelly, provided updates and received Council direction on the following.
proposals within the major marketing program: marketing brochure, working
(business) persons guide to Cypress, staff media training, customer service
orientation for all employees, business retention program, small business
support program, insert to City newsletter, advertising, media plan and media
relations. Several examples of brochure covers were shown to the Council and
Council voiced their concerns with those examples.
Councilmember Bowman suggested that the timetable be moved forward 60 days.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to
speak.
CONSIDERATION OF RETENTION OF PROFESSIONAL ENGINEERING SERVICES INSTALLATION
OF HVAC UNIT FOR VIDEO ROOM AND MEZZANINE AT THE CITY COUNCIL CHAMBERS PUBLIC
WORKS PROJECT N0. 8952: The Assistant City Engineer presented the staff
report dated July 27, 1993, which indicated that because of the heavy work
load in the Engineering Division the services of a professional engineering
firm were sought to complete the plans and specifications for the project.
Procedure Engineering, Inc. submitted a scope of work/cost proposal and staff
negotiated a not-to-exceed fee of $3,172.50. The scope of service will
include all necessary mechanical, electrical, structural and architectural
design necessary to complete the plans and specifications for the project.
Councilmember Bowman questioned the cost for this air conditioning system vs.
the cost of installing an air conditioning unit in a commercial building.
After some discussion, the Assistant City Engineer advised that the video
equipment needs to be kept at a constant temperature.
It was moved by Councilmember Partin and seconded by Councilmember Age to
award a contract for professional engineering services to Procedure Engineers,
Inc., 15550-B Rockfield Blvd., Ste. 220, Irvine, CA for the design of the
installation of an HVAC unit for the video room and mezzanine at the City
Council Chamber, for a fee not to exceed $3,172.50. 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.
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CITY COUNCIL MINUTES August 9, 1993
Councilmember Nicholson requested Item No. 6, Consideration of Attendance at
the League of California Cities' Annual Conference, be removed and Mayor Kerry
asked that Item No. 9, Consideration of Approval of the Design, Plans, and
Specifications for the Removal of Street Trees, the Removal and Replacement of
Concrete Sidewalks, Curb and Gutter (Public Works Project No. 9260) and the
Construction of Access Ramps on Various Streets (Public Works Project No.
9212) be pulled.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
approve the Consent Calendar Items No. 2 through 16, with the exception of
Items No. 6 and 9. 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. 2: Motion to Approve City Council Minutes of the Regular Meeting of
July 26, 1993.
Recommendation: That the City Council approve the Minutes of July 26, 1993,
as submitted, with Mayor Kerry abstaining on the July 26, 1993 Minutes, due to
her absence at the meeting.
Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 4: Consideration of Application for an Original Alcoholic Beverage
License Filed by Domingo & Dora Felisa Lipari, D.B.A. Domenico, 6273 Ball
Road, Cypress
Recommendation: That the City Council receive and file this application
contingent upon the approval/disapproval by the City Council of Conditional
Use Permit No. 93-9 scheduled for a Public Hearing on August 9, 1993.
_ Item No. 5: Consideration of Proclaiming Saturday, August 21, 1993, as
"Volunteer Firefighter Recognition Day".
Recommendation: That the Mayor and City Council officially proclaim Saturday,
August 21, 1993, as "Volunteer Firefighter Recognition Day" in the City of
Cypress.
Item No. 7: Continuation of Consideration of an Ordinance Prohibiting
Skateboarding, Roller-skating, and Bicycling in Certain Designed Areas.
Recommendation: That the City Council continue this item to the City Council
meeting of August 23, 1993.
Item No. 8: Consideration of Employment List - Financial Systems Analyst.
Recommendation: That the City Council receive and file the Employment List
for the position of Financial Systems Analyst.
Item No. 10: Consideration of Annual Requalification of Participating Cities
in the County of Orange Arterial Highway Financing Program (AHFP).
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, informing the AHFP Advisory Committee that the Circulation
Element of the Cypress General Plan conforms to the County Master Plan of
Arterial Highways (MPAH).
RESOLUTION NO. 4226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONCERNING
THE STATUS OF THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN
CONFORMING TO THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH).
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CITY COUNCIL MINUTES August 9, 1993
Item No. 11: Consideration of Opposition to SB 1234 (Bergeson, Isenberg)
Local Government Finance.
Recommendation: That the City Council go on record in opposition to SB 1234
and .authorize the Mayor to send letters to the appropriate State officials
expressing the City's position.
Item No. 12: Consideration of Amendment to Design Review Committee No. 91-13,
Addition of 9,500 Square Feet of Warehouse Area for Ushio America Corporate
Headquarters, 10550 Camden Drive, Cypress.
Recommendation: That the City Council: 1) Certify the Negative Declaration
in accordance with the requirements of the California Environmental Quality
Act; and 2) Receive and file Design Review Committee No. 91-13, subject to the
conditions in Exhibit "A" attached to the report.
Item No. 13: Consideration of Design Review Committee No. 93-17.
Recommendation: Receive and file.
Item No. 14: Consideration of Pay-off of Lien Against Asset Seizure Vehicle.
Recommendation: That the City Council authorize the Police Department to
spend not more than $6,000.00 of asset seizure funds to pay off the lien that
the Long Beach School Employees' Federal Credit Union holds against the 1991
Chevrolet that the Police Department has seized, and authorize a transfer of
funds in the amount of .$6,000.00. from Account no. 4104-28-179-05 to Account
No. 4361-90-659-39.
Recreation & Park District Matters:
Item No. 15: Consideration of Approval of the Design, Plans and
Specifications for the Construction of Scorer's Booth at Arnold Cypress Park,
Public Works Project No. 9140.
Recommendation: That the City Council, acting as the ex-officio Board of
Directors of the Cypress Recreation and Park District approve the design,
plans, and specifications for the Construction of Scorer's Booth at Arnold
Cypress Park, Public Works Project No. 9140.
Item No. 16: Consideration of Confirming Purchase Price for the Acquisition
of the Texaco Park Site, Located at 4931 Ball Road, Cypress.
Recommendation: That the City Council, acting as the ex-officio Board of
Directors of the Cypress Recreation and Park District, confirm the purchase
price of $439,000 for the acquisition of the Texaco Park site, located at 4931
Ball Road, Cypress; and appropriate $5,000 to the 92-93 Budget and $448,000 to
the 93-94 Budget to Account No. 4179-12-525-46, which includes the escrow fee.
END OF CONSENT CALENDAR
Regarding Consideration of Attendance at the League of California Cities'
Annual Conference, Councilmember Nicholson stated she felt with the economic
constraints, attendance to the Conference should be limited to the Mayor and
the City Manager. Councilmember Age commented that she believed it would have
been an opportune time for all Councilmembers to attend. Councilmember Partin
remarked that attendance at the Conference would be of benefit to members of
the Council and staff because something is always learned at these events.
The City Manager advised that the League is the representative group in ~=yam
Sacramento and the annual meeting is where the legislative policy is
formulated. After some discussion, it was moved by Councilmember Nicholson
and seconded by Councilmember Bowman to approve the attendance of a maximum of
six members of Council and staff to attend the League of California Cities
annual conference, scheduled for October 16-19, 1993 in San Francisco, and be
reimbursed for all actual and necessary expenses. The motion carried by the
following roll call vote:
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CITY COUNCIL MINUTES Aug'Gst.,9, 1993
AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Kerry
NOES: 1 COUNCILMEMBERS: Partin
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Partin stated he voted "no" because he didn't agree with the
limit on attendance.
In regard to Item No. 9, Mayor Kerry requested a list of the trees to be
removed and the sidewalks, curbs and gutters to be repaired. The Assistant
City Engineer will provide such a list to the Councilmembers. It was moved by
Mayor Kerry and seconded by Councilmember Nicholson to approve the design,
plans and specifications for the removal of street trees, the removal and
replacement of concrete sidewalks, curb and gutter (Public Works Project No.
9260) and the construction of access ramps on various streets (Public Works
Project No. 9212). The motion unanimously carried by the following roll call
vote;
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to adopt the Resolution by title only, title as follows, approving amendment
to CUP No. 84-8.
RESOLUTION NO. 4227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-8 - WITH CONDITIONS.
(COCKTAIL LOUNGE, 5591 LINCOLN AVENUE)
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Kerry
RECESS: Mayor Kerry recessed the Council meeting at 6:50 p.m. to enable
Councilmembers to enter into Closed Session for matters of Personnel and
Litigation. The meeting reconvened at 7:35 p.m. with all Councilmembers
present. Also present were staff members Bacock, Bandurraga, Barrett, Eynon,
Munoz and Storey.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman.
PRESENTATIONS:
Mayor Kerry presented Community Service Plaques to 1992 Miss City of Cypress,
Danielle Wussick and Miss Teen Cypress, Renee Turf.
The 1993 Miss City of Cypress, Sacha Jackson, was introduced by Mayor Kerry.
No one was present to receive the "Volunteer Firefighter Recognition Day"
Proclamation to Paid Call Firefighter Captain Harry Gardikis.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, told about the passage of a
gift ban law in Santa Ana, similar to the measure adopted by the Orange County
Supervisors and she would like to see something similar for Cypress. She also
would like to see a cap placed on campaign spending for a Council seat.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
No one wished to speak.
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CITY COUNCIL MINUTES August 9, 1993
The City Manager summarized the review of the marketing program that is being
instituted pursuant to the Redevelopment Program. After that review, Council
did ask for additional input and deferred action on the item for 60 days. He
then reviewed the actions taken by the Council during the 5:30 p.m. portion of
the Agenda.
The City Attorney reviewed discussions held during the Closed Session on two
items: one item involved Public Safety Employees' Association labor
negotiations and the other item was a combination of issues involving property
negotiations and whether or not the City would be significantly exposed to
litigation.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-8 AND
VARIANCE N0. 93-8 (CONSTRUCT 10 TOWNHOMES AT 9402 HOLDER STREET): Mayor Kerry
declared the public hearing opened. The Planning Director provided the
Council with minor modifications to the conditions of approval: two of the
conditions are modified because instead of a trash enclosure, which would have
added to the need for the variance, they are going to utilize the trash bins,
and a condition regarding parking for the handicapped. The Planning Director
then presented the staff report dated August 4, 1993, which represented a
request to develop ten townhome condominiums at 9402 Holder Street. The
applicant also requested approval for a variance from the Cypress Zoning
Ordinance to allow two parking spaces to encroach two feet into the front 20
foot setback area. In addition, the applicant requested that the existing
Tentative Tract Map for the property (No. 14495) be extended for one year.
According to the requirements of the California Environmental Quality Act, a
Negative Declaration will be filed for this project. The proposed project
meets the minimum City Code development standards, except for the proposed
variance and three design issues which are of concern to staff, 1) the
placement of second story windows, 2) the installation of the security gate
and 3) the variance request to encroach into the 20 foot front setback area,
which staff deems unnecessary. An initial study was conducted for this
project and a Negative Declaration was prepared and posted according to the
requirements of the California Environmental Quality Act. No public comments
were received on the Negative Declaration. Notices of the public hearing were
published, posted and mailed to all property owners within a 300 foot radius
of the subject property. At the writing of this report, no public comments
have been received.
Responding to Mayor Kerry's question on the finished grade elevation, the
Planning Director would add the wording to the effect that "The grade
differential between the property and adjacent properties shall not exceed two
feet" which can be added to Condition No. 4.
Mr. Bob Gilbert, Gilbert.. Engineering, representing the owner of the property
Mr. Desai, reported that Mr. Desai does want the security gate. Mr. Gilbert
had talked with the Fire Department about the emergency access response and he
explained the amount of turning room. He stated that if the variance is
denied, they will modify the floor plan but they would rather maintain the
present floor plan.
After some discussion on the proximity of the gate to the street, the Planning
Director reworded Condition No. 50 to read, "The proposed security gate shall
be permitted only if it can meet Fire Department, Engineering Department and
Police Department standards." The Assistant Engineer mentioned the proximity
of the gate to the street and the possibility of a stacking problem.
Mr. Gilbert expressed his agreement with the revised wording of Condition No.
50 and the only item at issue appears to be the request for the two foot
variance for the parking spaces. They feel they have accomplished the intent
of the ordinance, that they have a 21-1/2 foot average setback and would
rather have something less up front with the cars than put the buildings
closer together.
Mayor Kerry asked if anyone wished to speak for or against the application.
No one spoke.
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CITY COUNCIL MINUTES August 9, 1993
It was moved by Councilmember Bowman and seconded by Councilmember Age to
close the public hearing, certify the Negative Declaration according to the
requirements of the California Environmental Quality Act; approve Conditional
Use Permit No. 93-8 subject to the conditions of approval in Exhibit "A,"
including the amended conditions and those on the sheet provided this evening;
approve the extension of Tentative Tract Map No. 14495 for one year and deny
Variance No. 93-8. Councilmember Bowman stated that the denial of the
variance is based on the reasoning that the project can be redesigned to avoid
setback encroachment. 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: GENERAL PLAN AMENDMENT N0. 93-1 AND ZONE
CHANGE NO. 93-1 (4921 AND 4931 ORANGE AVENUE: Mayor Kerry opened the public
hearing. The City Manager reported that the Council had before them some
supplemental material on this item and called upon the Planning Director to
summarize the staff report dated August 3, 1993. The application is a request
to change the General Plan land use designation and zoning classification for
two lots located at 4921 and 4931 Orange Avenue. The applicant, representing
the property owners, proposed to change the General Plan designation from Low
Density Residential to High Density Residential and the zoning classification
from RS-6000 Residential. Single-Family to RM-20 Residential Multi-Family.
According to the requirements of the California Environmental Quality Act, a
Negative Declaration will be filed for this project. The Planning Director
advised that communications were received from a resident living on Naples
Drive in the Sorrento project, two general phone call inquiries and one call
from Mrs. Teresa Ivins, 9527 Naples Drive, Cypress, opposing the project.
Also received was a letter from homeowners Robert and Ann Johnson, 4931 Lemon
Avenue, Cypress, voicing strong opposition to the rezoning. Mr. Warren
Wycamp, 9528 Naples Drive, Cypress, phoned with his opposition to the
proposal, indicating that the proposed land use is incompatible with
surrounding single-family homes. A packet received from the applicant, Mr.
Bill Waddle, dated August 6, 1993, addressed a number of the issues raised in
the staff report dated August 3, 1993. Also attached are letters from the
adjacent property owners, 4901 and 4911 Orange Avenue, asking to be included
in the zone change. The Peterson's, the property to the west, indicated they
would be interested in the higher density, but are not interested in selling.
The Planning Director advised that this request did not go through a
preliminary review so staff provided the analysis that they would do on a zone
change. They did not hold a meeting with the neighboring homeowners. Staff
identified several land use issues related to the request and examined land
use alternatives for the properties. Any amendment to the General Plan must
a1 so be reviewed in conjunction with the Goals and Policies of the General
Plan. The development scenarios will vary depending upon which land use and
zoning is approved by the Council. The General Plan Amendment could be
approved subject to a mitigation measure which requires that a mitigation
monitoring program be established to ensure aesthetic compatibility with
surrounding properties. Notices of this public hearing have been published,
posted and mailed to all property owners within a 300 foot radius. If a land
use other than the existing Low Density Residential is selected, mitigation
protection for the adjacent and across the street properties needed to be
provided. To protect the City, ensure future development meetd Code and is
compatible with adjacent properties, staff recommended the zone change be
denied without prejudice, so the applicant can return with a zone change
application together with a tentative tract map to combine the two lots and a
conditional use permit for a precise development plan.
Councilmember Age stated that she had a real concern about not meeting with
the neighbors.
Responding to Councilmember Bowman's question, about a Development Agreement
being used to control the zoning if there was a General Plan change, the City
Attorney advised that a Development Agreement could be entered into that would
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CITY COUNCIL MINUTES August 9, 1993
incorporate the zone change. He recommended that the zone change be made with
a proposed map so there is some idea of how the project will look.
Responding to Mayor Kerry who asked why the development was being considered
one .step at a time rather than all at once, the Planning Director explained
that the applicant insisted that the project be heard at this meeting and
filed a formal application.
RECESS: Mayor Kerry recessed the meeting at 8:50 p.m. and reconvened at 9:05
p.m. with all Councilmembers present.
The City Attorney tentative response was that the applicant would not have to
conform to the lot size after the zone change, but the City Attorney needs to
consider the subdivision map act. He requested that he be able to provide his
definitive answer at the August 23 meeting with the parameters and
ramifications.
Mr. Bill Waddle, Bilt-Mor Development, 4322 Crescent Avenue, Cypress,
commented on staff's concern and advised that he would be willing to enter
into a Development Agreement, close the escrow and make the two lots into one.
Councilmember Partin stated he would have been more amenable to the
application if the other property owners to the west had joined in the request
for a zone change.
Mr. Mark Buckman, Olson Company, located in Seal Beach, held a slide
presentation and explained they could design a high density residential
project that would address staff and the neighbors concerns.
Mayor Kerry asked if anyone wished to speak in support of the application.
Mr. Robert Clinton, Prudential California Realty and representing both
property owners, stated that they have had many inquiries on the properties
but not one regarding single family homes because of the location. He urged
the Council to approve the application.
The Mayor asked if anyone wished to speak in opposition to the application.
Mr. Stanley Seefried, 4971 Lemon Avenue, Cypress, submitted to the Council
approximately 75 letters from adjacent homeowners opposing the zone change.
Mayor Kerry read the letter into the record, and the letters are on file in
the City Clerk's office.
Mr. Randy Tanos, 4981 Lemon Avenue, Cypress, presented a petition from the
same individuals that had signed the letters. He commented that he wouldn't
like to have a high density area directly behind his home. The applicant is
only asking for a zone change, they are not before Council for approval of a
project.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, remarked that there was no
justification for changing the single family zoning. High density units are a
constant drain on the resources of the City and the General Plan must be
upheld.
Mr. Tim Ivins, 9527 Naples, Cypress, stated he lived directly across from the
properties and it appeared that the applicants were trying to push the zone
change through so they wouldn't have to deal with the neighbors. He also
stated that the General Plan should not change for some individuals' ~`.Fw.
speculation.
Mr. Mazur, 4961 Lemon Avenue, Cypress, asked the developer if he would like to
buy his property if the zoning change takes place and expressed his opposition
to the change.
No one else wished to speak in support of or opposition to the application.
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CITY COUNCIL MINUTES August 9, 1993
The applicants came forward and answered additional questions from the
Council. Mr. Buckman expressed the belief that cities are moving toward high
density residential.
Councilmember Age suggested the applicant start by working with the neighbors
because until they are happy with the project, she couldn't vote for it.
Mr. Buckman stated that he would be more than happy to meet with the neighbors
and he is asking for some indication from the Council that they would be in
favor of taking the action. He urged Council to take an action on the General
Plan change tonight and he would return at a later date for the zone change.
Councilmember Bowman suggested that he would not be in a position at this time
to make a General Plan change. He stated that a zone change cannot be made
for purely economic reasons and so far, those are the only reasons that have
been presented. He recommended that the applicant propose a site plan that
would be in compliance with the RM-15 zoning and call a neighborhood meeting.
The City Attorney voiced two options: continue the application to a date
certain or deny the zone change without prejudice. Councilmember Bowman
stated he would be in favor of a development agreement. Mr. Waddle would
agree to a continuance. The City Attorney advised that the project cannot be
discussed because it is not an issue before Council so the question is what
happens to non-conforming lots when they are built. He requested a
continuance so he could respond to Council on that issue. The other issue
involved the General Plan Amendment and if that is effectuated there is still
no guarantee that a subsequent zone change will follow. The Planning Director
reported that there would not be time to notice a hearing, meet with property
owners and try to resolve issues prior to the next Council meeting. She
added, for the record, that the RM-6000 zoning that is there now is not "spot
zoning."
After further discussion on noticing, identification of the issues,
neighborhood meetings and potential mitigation measures, Councilmember Partin
moved to deny without prejudice Zone Change No. 93-1. There was no second to
the motion. The applicant advised that he would withdraw the application.
The City Attorney advised that because the item is in a public hearing, the
applicant cannot withdraw. The hearing can be continued to a date certain or
denied without prejudice. The Planning Director advised that the applicant
could amend the application and then would not have to refile. Councilmember
Bowman suggested that the item be continued to the Council meeting of
September 27, 1993 and the applicant agreed. Councilmember Partin withdrew
his motion.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to continue this item to the meeting of September 27, 1993. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Kerry requested that the City Attorney's opinion on the subdivision map
act be provided the Council as soon as possible. The City Attorney advised
that information would be given the Council under separate cover.
The Planning Director asked if Council wished the proposed zone change applied
to all the involved properties.
Mrs. Ines Seefried, 4971 Lemon Avenue, Cypress, asked if taxes would be raised
if the properties are rezoned.
The City Manager commented that the Council could take the action proposed,
but limited to the two parcels in question.
The Planning Director advised that staff will set up a meeting with the
applicant and adjacent property owners immediately.
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CITY COUNCIL MINUTES August 9, 1993
Mr. Randy Tanos expressed the opinion that this entire project was being
ramrodded through without the neighbors knowledge.
Ms. Ann Mossmack, no address given, Cypress, commended the Council and the
Planning staff for conscientious work in such a short period of time.
Councilmember Bowman voiced the opinion that he would not be interested in
changing any zoning on the parcels unless it was known exactly what would be
constructed.
RECESS: Mayor Kerry recessed the meeting at 10:10 p.m. and reconvened the
meeting at 10:20 p.m. with all Councilmembers present.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-7 AND
TENTATIVE TRACT MAP NO 14834 LDEVELOPMENT OF NINE UNIT CONDOMINIUM PROJECT,
6172 ORANGE AVENUE): The public hearing was declared open by Mayor Kerry.
The City Manager requested the Planning Director review the staff report dated
June 29, 1993, which represented an application to construct a nine unit
condominium project at 6172 Orange Avenue. Additionally, this application
included a tentative tract map application for the division of the air space
ownership of the units. In accordance with the California Environmental
Quality Act, a Negative Declaration will be filed for this project.
As a mitigation measure, staff will condition that the den/loft may not be
converted into bedrooms without amending the conditional use permit or
approving a variance with additional parking. The public notices were mailed
to all property owners within a 300 foot radius of the project. To date, the
Planning Department has received no comments.
Councilmember Bowman suggested that any den/loft conversion would have to be
approved by the City if it is to be included in the CC&Rs, and a condition be
added to Exhibit "A" to that effect. The Planning Director altered Condition
No. 57 to read as follows: "...Such a proposal will only be considered under
an amendment to Conditional Use Permit No. 93-7 and such requirement shall be
included in the CC&Rs."
Responding to concerns by Councilmembers on the trash dumpster enclosure, the
Planning Director advised that she would look at the plan and if they can
remove the trash enclosure, they would after reviewing the code.
Responding to the Mayor's question on the finished grade, the Assistant City
Engineer will amend Condition No. 4 to include that language.
Mr. Tom H. Cao, the project engineer, 735 W. Emerson Avenue, Monterey Park,
stated he represented the owner of the project and they have been working very
closely with the Planning staff to develop an acceptable project. He advised
that the applicant was willing to accept all the conditions as outlined and
asked Council to approve the project.
Mayor Kerry asked if anyone wished to speak in favor of the project.
Mr. Ralph Scally, 6172 Orange Avenue, Cypress, voiced his support of the
project because it is a good project and will improve the City.
Mr. Wayne Brown, FCE Realty, 420 E. Roosevelt Road, Long Beach, represented
the buyer and requested project approval from the Council.
No one else wished to speak in favor of or against the application.
It was moved by Councilmember Age and seconded by Councilmember Age to close
the public hearing, certify the Negative Declaration in accordance with the
California Environmental Quality Act and approve Conditional use Permit No.
93-7 and Tentative Tract Map No. 14834, subject to conditions in Exhibit "A."
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES August 9, 1993
CONSIDERATION OF PUBLIC HEARING RE: CYPRESS ZONING CODE AMENDMENT N0. 93-4
AMENDING__S_ECTION 16.2 OF THE CYPRESS ZONING CODE, "EXCEPTIONS TO NONCONFORMING
STATUS" PROVIDING AN EXCEPTION TO EXISTING LEGALLY PERMITTED SECOND FLOOR
BALCONIES IN SIDE AND REAR YARDS: Mayor Kerry opened the public hearing. The
staff report dated July 26, 1993 indicated that at the City Council meeting of
July 12, 1993, Council approved Zoning Code Amendment No. 93-3 which required
a conditional use permit for all future second floor balconies located in side
and rear yards. In addition, Council instructed staff to prepare a Zoning
Code amendment to the City's nonconforming use provisions which would provide
an exception to existing legally permitted side and rear yard balconies. At
this time, staff is returning to Council with Zoning Code Amendment No. 93-4
amending Section 16.2 of the Cypress Zoning Code to provide an exception to
existing legally permitted second floor balconies in side and rear yards. In
accordance with the requirements of the California Environmental Quality Act,
a Negative Declaration has been filed for this project. Notices of this
public hearing were posted in three public locations and also published in the
News Enterprise. To date, staff has received no comments on this proposal.
Mayor Kerry asked if anyone wished to speak in support of or opposition to the
amendment. No one spoke.
It was moved by Councilmember Partin and seconded by Councilmember Bowman to
close the public hearing, certify the Negative Declaration in accordance with
the requirements of the California Environmental Quality Act and approve the
first reading of the Ordinance by title only, title as follows, providing an
exception to existing legally permitted second floor balconies in side and
rear yards.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
16.2 OF APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS,
"EXCEPTIONS TO NONCONFORMING STATUS," TO PROVIDE AN EXCEPTION TO
EXISTING LEGALLY PERMITTED SECOND FLOOR BALCONIES IN SIDE AND REAR
YARDS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 93-9 (ITALIAN
DELICATESSEN WITH ON SALE AND OFF SALE OF BEER AND WINE, 6273 BALL ROAD):
Mayor Kerry opened the public hearing. The City Manager noted that the August
22, 1993 date in the staff report dated August 3, 1993 should be August 23,
1993.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
continue the public hearing on Conditional Use Permit No. 93-9 to August 23,
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 POLICY REGARDING BOARDING UP OF ABANDONED
BUILDINGS: The City Manager called upon the Planning Director to summarize
the staff report dated August 2, 1993, which reviewed a policy for the
boarding up of abandoned buildings. The purpose of the policy was to
establish methods of reducing aesthetic impacts as well as public health and
safety hazards. .The following issues were addressed: restrictions of a
verbatim or blanket policy, perimeter fencing, boarding building with matching
materials and colors and time limits for boarded up buildings. Overall, it
should be emphasized that the primary intent of the policy for boarding up
buildings is to establish a temporary and "cooperative" measure that serves as
an alternative to formal procedures. Moreover, the City's intent is to reduce
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CITY COUNCIL MINUTES ~ August 9, 1993
the major visual effects of abandoned properties while minimizing the expense
to the property owners.
Councilmember Bowman suggested that there be a nuisance abatement that would
require the owners to maintain the property and attach a lien for the cost of
maintenance. The City Attorney advised that an option for enforcement is to
require the property owner to keep the property maintained.
After some discussion on the condition of various properties in the City, the
Planning Director suggested that staff survey other cities to determine what
can legally be done about rundown properties and to further address Council's
concerns. She advised that staff would follow the current policy
clarification until it is known that there are other avenues that can be
pursued.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
adopt, receive and file this report clarifying the policy for boarding up of
abandoned buildings. 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 ORAL INTERVIEW SESSION OF APPLICANTS FOR THE
CYPRESS CABLE TELEVISION COMMISSION: The staff report dated August 3, 1993
advised that the vacancy on the Cypress Cable Television Commission had been
advertised and four applications were received for the position.
It was suggested that the interviews be held on Monday, August 23, 1993
starting at 5:00 p.m. in the Administrative Conference Room and hearing no
objection, Mayor Kerry so ordered. Mayor Kerry requested that maps be
supplied showing the home address of the current Commissioners.
CONSIDERATION OF SPECIAL TAX LEVY FOR THE 1993-94 FISCAL YEAR WITHIN COMMUNITY
FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS: The
Finance Director presented the staff report dated August 4, 1993, which stated
that when Community Facilities District No. 1 (Sorrento Homes) was formed,
bonded indebtedness was incurred. The Government requires that the City
annually pass a resolution for the levy of the special tax for each year such
tax is levied. Consequently, this is an appropriate time for the City, acting
as the legislative body of CFD No. 1 to adopt such annual resolution and file
a certified list of parcels subject to the special tax with the County
Auditor.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
that the City Council, acting as the legislative body of CFD No. 1 (Sorrento
Homes), adopt the Resolution by title only, title as follows, authorizing the
levy of a special tax for fiscal year 1993-94 within such District.
RESOLUTION N0. 4228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT N0. 1
(SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE
LEVY OF A SPECIAL TAX FOR FISCAL YEAR 1993-94 WITHIN SUCH COMMUNITY
FACILITIES DISTRICT.
The motion unanimously 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 5748 -
5959: It was moved by Councilmember Nicholson and seconded by Councilmember
Age to approve the Warrants No. 5748 through 5959 in the amount of
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CITY COUNCIL MINUTES August 9, 1993
$1,090,428.25. 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 11:06 p.m. to enable the Council
to act the Cypress Redevelopment Agency. The Council meeting reconvened at
11:08 p.m. with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
RECESS: Mayor Kerry recessed the meeting at 11:10 p.m. to allow
Councilmembers to enter into a Closed Session for matters of personnel and
litigation. The meeting reconvened at 11:20 p.m. with all Councilmembers
present.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 11:22 p.m. to 5:00 p.m.,
August 23, 1993, in the Administrative Conference Room.
. /l.
MAYOR OF THE CITY OF
ATTEST:
CIT L R F H C OF CYPRESS
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